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Questions Answered by David P. Badanes
2 Answers | Asked in Divorce for New York on
Q: Hi I’m looking for someone that can help me with a quick easy divorce in my area.

I don’t know the first step in divorce. We have been separated for three years, have two kids, no courts involved, no child support. We are civil with one another, work well with our kids and have nothing to share/split from married but our kids.

David P. Badanes
David P. Badanes answered on Sep 19, 2019

You can call any Divorce (Matrimonial) Attorney that handles "simple" uncontested divorces. You should be able to do a Google search for that.

I handle simple uncontested divorces in Suffolk and Nassau Counties.

My phone number is 631-239-1702 or my email is david@dbnylaw.com.

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2 Answers | Asked in Divorce for New York on
Q: can i get a petition of seperation if my spouce has left the state(NY) and not coming back?
David P. Badanes
David P. Badanes answered on Feb 27, 2019

Yes, you can file for Separation and/or have a Separation Agreement drafted.

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1 Answer | Asked in Divorce for New York on
Q: is net worth mandatory in New York? I was in a controlling marriage now I need net worth or can it go ahead without it

My husband has all the tax info do I need net worth or can the divorce go ahead without it im in NY

David P. Badanes
David P. Badanes answered on Aug 8, 2018

If you are representing yourself pro-se, you should still prepare a Statement of Net Worth. You can always state "Do Not Know" for your responses.

If you have an attorney, you should consult with your attorney.

1 Answer | Asked in Divorce for New York on
Q: Is it possible for me to file a divorce against my husband from abroad?

He lives in New York (that is where we were married)

I have a green card

I moved to/ live in Belgium for work

David P. Badanes
David P. Badanes answered on Jun 22, 2018

Assuming he has lived in N.Y. for more than 2 years, than you can file in New York, even if you are living in Belgium.

1 Answer | Asked in Divorce for New York on
Q: Do I have to pay spousal support ? I've married for 5 years and he has cheated several times. He is an ex con.
David P. Badanes
David P. Badanes answered on Apr 26, 2018

There are many factors that go into whether or not you have to pay spousal support.

The first thing to look at is each party's income. If you make significantly more than your spouse, then you may have to pay spousal support. However, as stated, there are other factors that would be...
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2 Answers | Asked in Divorce and Family Law for New York on
Q: What is better in the long run in order to get the most of the marital assets?

My husband and I have been married since 2015 yet have been together since 2012. I relocated, left my family, friends, job and job prospects to move to NY to be with him. He works with the city, has a 457 savings account, pension and 401k. I have my insurance through his employer and we have a... Read more »

David P. Badanes
David P. Badanes answered on Apr 16, 2018

In general terms, you are entitled to 50% of all marital assets. It also seems that you are entitled to alimony (now called spousal maintenance). If you have any children, you may also be entitled to child support.

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1 Answer | Asked in Divorce and Child Custody for New York on
Q: I’m looking to file for divorce due to infidelity .I want to obtain full custody of our child

I’m looking to file for divorce due to infidelity .

I want to obtain full custody of our child and no demand for any assets division etc . Would prefer him to pay child support .

He doesn’t help with anything now ( child is 16 months old )

Also I’m on conditional... Read more »

David P. Badanes
David P. Badanes answered on Apr 12, 2018

In order to get your divorce as fast as possible, you should file for a "no fault" divorce. With fully custody, he would have to pay child support based on his income.

As for finding a good lawyer, you can read the attorney's website and reviews.

Cost: It is always hard to...
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1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: Can my estranged wife petition the court for additional child support?

My estranged wife is taking unnecessary trips, buying dinner, going to the movies with her and her boyfriend using the child support money. I know this because she has told me on many occasions that she does this. I provide Pampers wipes clothes etc for my two-year-old daughter. Currently I am on... Read more »

David P. Badanes
David P. Badanes answered on Apr 7, 2018

Assuming that the only court order is the one that states you have to pay temporary child support of $550/month, that is your only obligation. If she spent all of the $550/month, that is her issue. You should discuss this in more detail with your attorney.

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