Divorce Law with David Badanes

Divorce Mediation vs. Litigation: Which Path Is Right for You?

In this episode of Divorce Law, host Zofia Morales and attorney David Badanes discuss the key differences between divorce mediation and litigation. David provides expert insights on choosing the right path, the mediation process, costs, timeframes, and important considerations for both approaches.
Timestamps:
00:00 - Introduction
00:31 - Fundamental differences between mediation and litigation
02:09 - Examples of mediation flexibility in child support arrangements
02:56 - Discussion of litigation path challenges
04:10 - When mediation isn't appropriate
05:15 - What to expect in divorce mediation sessions
07:03 - Timing and spacing of mediation sessions
07:31 - Time comparison: mediation vs litigation
08:41 - Cost differences between approaches
10:17 - Advice for choosing between mediation and litigation
10:35 - Risks of non-attorney mediators
About the Show:
Divorce Law with David Badanes features experienced attorney David Badanes sharing his extensive knowledge in divorce, child custody, child support, and divorce mediation. The show provides valuable insights for individuals navigating divorce proceedings, with host Sophia Morales guiding discussions on critical topics affecting divorcing couples.
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Dividing Retirement: What Happens to Pensions, 401(k)s, and More in a Divorce?

Episode Summary:
Attorney David Badanes discusses the complex topic of how retirement assets are divided during divorce proceedings. He explains the treatment of different retirement accounts, including pensions, 401(k)s, and IRAs, as well as Social Security benefits. David provides valuable insights on common misconceptions, documentation requirements, and crucial mistakes to avoid when handling retirement accounts during divorce.
 
Key Timestamps:
00:00 - Introduction
00:40 - Common misconceptions about retirement assets in divorce
02:32 - How pensions are handled for government employees
05:01 - Differences between IRAs, 401(k)s, and pensions
06:36 - Social Security benefits and divorce
08:22 - Survivor benefits and beneficiary considerations
10:25 - Common mistakes and how to avoid them
 
About the Show:
Divorce Law with Attorney David Badanes features experienced divorce attorney David Badanes sharing expert insights on various aspects of divorce law. The show covers topics including divorce, child custody, child support, and divorce mediation, with David providing personalized attention to help listeners understand complex legal matters.

Custody 101: What Courts Consider When Parents Separate or Divorce

Episode Summary:
In this informative episode, experienced attorney David Badanes breaks down the crucial factors courts consider when determining child custody arrangements. He explains the differences between legal and physical custody, discusses how courts handle custody for both married and unmarried parents, and shares common mistakes parents should avoid during custody proceedings.
 
Key Timestamps:
00:04 - Introduction and episode overview
00:39 - Factors courts consider in custody decisions
03:56 - How courts handle initial custody arrangements during separation
05:24 - Explanation of legal custody vs. physical custody
08:37 - Custody establishment for unmarried parents
10:36 - Impact of distance and work schedules on custody decisions
12:07 - Joint custody decision-making process
13:44 - Common custody mistakes and how to avoid them
 
About the Show:
Divorce Law with Attorney David Badanes provides expert legal insights into divorce, child custody, child support, and divorce mediation. David Badanes personally handles each client with individualized attention, sharing his extensive experience to help listeners understand complex legal matters.

Life Changes, Court Orders Change: How To Make Modifications to Your Divorce Decree

Episode Summary:
Attorney David Badanes discusses the process of modifying divorce decrees, explaining common reasons for modifications, requirements for changes in child support and custody arrangements, and enforcement of divorce agreements. He provides valuable insights into how courts handle modification requests and what factors they consider when making these important decisions.
 
Timestamps:
00:00 - Introduction
00:18 - Most common reasons for divorce modifications
00:53 - Financial circumstances affecting support modifications
02:39 - Child custody and visitation modifications
03:51 - Modifying divorce settlements due to unfairness
05:17 - Child's best interest in custody modifications
06:29 - Modifications for children's changing needs
08:26 - Handling non-compliance with divorce decrees
 
About the Show:
"Life Changes, Court Orders Change" hosted by Abigail Vaca features legal experts discussing various aspects of family law and divorce proceedings. The show aims to educate listeners about their legal rights and options during and after divorce.

Dividing the Pie: How New York Handles Asset Division in Divorce

Episode Summary:
In this episode of "Dividing the Pie," host Abigail Vaca and attorney David Badanes discuss how New York handles asset division in divorce cases. The episode covers equitable distribution, the distinction between marital and separate property, retirement accounts division, prenuptial agreements, debt allocation, and asset valuation processes.
 
Timestamps:
00:00 - Introduction
00:25 - New York's equitable distribution approach
01:40 - Marital vs. separate property explanation
03:45 - Division of retirement accounts and pensions
06:25 - Role of prenuptial agreements
08:18 - Handling of debts in divorce
10:03 - Asset valuation process
11:16 - Protecting financial interests during divorce
 
About the Show:
"Dividing the Pie" is a podcast that explores various aspects of divorce law in New York State. Each episode features expert insights from legal professionals to help listeners better understand the complexities of divorce proceedings.

What is Mediation? A Guide to Conflict Resolution

Episode Summary:
In this informative episode, Attorney David Badanes breaks down the fundamentals of divorce mediation, exploring its benefits, limitations, and process in New York state. He provides valuable insights into who makes good candidates for mediation and explains why having an attorney-mediator can be crucial for successful outcomes.
 
Timestamps:
00:00 - Introduction
00:32 - What is mediation and how it works in NY
01:57 - Pros and cons of mediation
04:40 - Key issues explored in mediation
05:54 - Role of attorneys in mediation
07:11 - Mediator requirements in New York
08:57 - Post-mediation process
11:00 - What happens if mediation fails
11:58 - Ideal candidates for mediation
 
About the Show:
Divorce Law with David Badanes features experienced attorney David Badanes sharing his extensive knowledge in divorce, child custody, child support, and divorce mediation. Hosted by Abigail Vaca, the show provides practical insights into various aspects of divorce law and proceedings.

The Child Support Puzzle: What New York Parents Need to Know

Episode Summary:
In this episode of Divorce Law with Attorney David Badanes, host Kevin Rosenquist and experienced family law attorney David Badanes break down the complexities of child support in New York. They discuss how child support is calculated, how income affects payments, what happens when financial situations change, and how legal actions can be taken if a parent fails to pay. They also cover additional costs like healthcare, extracurricular activities, and college expenses. If you're navigating child support issues, this episode provides essential insights to help you understand your rights and obligations.
Timestamps:
[00:00] – Introduction to the show and host Kevin Rosenquist
[00:35] – How child support is calculated in New York
[02:22] – How parental income impacts child support payments
[03:24] – Shared custody vs. sole custody child support guidelines
[04:24] – Modifying child support due to financial changes
[05:52] – Legal actions for unpaid child support
[06:53] – Can child support be waived?
[07:20] – Additional costs: healthcare, education, and extracurriculars
[09:13] – Married vs. unmarried parents: Does it affect child support?
[10:02] – Requesting modifications due to a child’s changing needs
[12:32] – Advice for parents struggling with child support issues
[13:19] – Closing thoughts and where to find legal help
About the Show:
Divorce Law with Attorney David Badanes is a legal podcast that provides expert insights into divorce, child custody, child support, and estate planning matters. Hosted by Kevin Rosenquist, the show features in-depth discussions with attorney David Badanes, who brings years of experience in helping clients navigate family law issues in New York. Whether you're going through a divorce, dealing with child custody disputes, or planning for the future, this podcast offers practical legal advice to guide you.

Shifting boundaries: Child Relocation in New York Divorce Cases

Episode Summary:In this episode, Shifting Boundaries: Child Relocation in New York Divorce Cases, attorney David Badanes breaks down the legal landscape surrounding child relocation post-divorce. The discussion focuses on how New York courts assess relocation requests, the burden on the custodial parent to prove relocation benefits, and the importance of maintaining a child's relationship with both parents. Badanes also covers legal strategies for custodial and non-custodial parents, potential consequences of unauthorized moves, and best practices for handling relocation disputes.
Timestamps:00:00 - Welcome to Divorce Law with Attorney David Badanes00:04 - Introduction to Attorney David Badanes and episode topic00:32 - Key aspects of New York's relocation laws01:42 - Is there a specific distance that determines relocation legality?02:48 - How courts assess a child’s best interests in relocation cases03:55 - Valid reasons for a custodial parent to relocate04:55 - Mitigating the impact of relocation on the non-custodial parent06:37 - Legal challenges in contested relocation cases08:19 - When court approval is necessary for short-distance moves09:52 - Handling relocation when the non-custodial parent agrees10:49 - Legal consequences of moving without court approval11:18 - How a non-custodial parent can oppose relocation12:12 - Balancing valid reasons on both sides in tough cases13:12 - Next steps for parents considering or opposing relocation
About the Show:Welcome to Divorce Law with Attorney David Badanes, where we explore the complexities of divorce, custody, child support, mediation, and estate planning. Hosted by Kevin Rosenquist, this podcast provides expert legal insights to help individuals navigate family law matters effectively.
 

What are the Top Ten Reasons for Divorce?

Episode Summary
In this myth-busting episode, attorney David Badanes joins host Kevin Rosenquist to tackle the top 10 myths about divorce. From misconceptions about child support and marital property to myths surrounding prenuptial agreements and courtroom outcomes, David provides clear explanations and practical advice. This episode is a must-listen for anyone seeking to understand the realities of divorce and family law.
Timestamps:
00:00 – Introduction: Kevin introduces the show and the episode’s topic: busting the top 10 myths about divorce.
00:44 – Myth #10: Child support in New York ends at 21, not 18.
01:36 – Myth #9: Property bought during marriage is usually marital property, even if the deed is in one name.
02:58 – Myth #8: Extramarital affairs rarely impact child support or spousal maintenance.
04:07 – Myth #7: Trials are rare, and outcomes typically involve compromise.
05:45 – Myth #6: Child support is based on gross income, not take-home pay.
07:04 – Myth #5: Job loss doesn’t automatically reduce child support; job-search efforts must be proven.
09:26 – Myth #4: Weekly child support is not four weeks per month but calculated using a 4.3 multiplier.
11:01 – Myth #3: Child support often continues until 21, even if the child is in college.
12:19 – Myth #2: Prenuptial agreements are beneficial for anyone with valuable assets, not just the wealthy.
13:53 – Myth #1: David emphasizes his office’s commitment to prompt communication.
15:14 – Origin of Divorce Myths: Myths stem from TV, friends, and online misinformation.
About the Show
Divorce Law with Attorney David Badanes provides expert guidance and insights into divorce, child custody, child support, mediation, and estate planning. Hosted by Kevin Rosenquist, the show aims to dispel common misconceptions and help individuals navigate the complexities of family law. With years of experience, David Badanes provides practical advice tailored to the unique challenges faced by his clients.

Introduction to Divorce in New York

Episode Summary:
In this episode of Divorce Law with Attorney David Badanes, David and host Kevin Rosenquist discuss the basics of divorce in New York. David explains the key differences between contested and uncontested divorces, how property and spousal maintenance are divided, and factors that influence child custody. They also touch on the importance of legal advice when navigating the divorce process, especially for those with children and significant assets.
 
Timestamps:
[00:30-00:52] Discussion on whether any reason or grounds are needed for divorce in New York.
[00:52-01:33] Explanation of the change in divorce laws in New York.
[01:33-02:52] Difference between contested and uncontested divorces.
[02:52-03:26] Frequency of uncontested divorces.
[03:26-04:12] Timeline for uncontested vs. contested divorces.
[04:12-05:07] Factors that influence the divorce timeline.
[05:07-06:09] How marital property is divided in New York.
[06:09-07:07] Explanation of spousal maintenance (alimony) and how it’s determined.
[07:07-07:54] Factors considered in child custody cases in New York.
[07:54-08:48] Parental alienation and its effect on custody.
[08:48-09:49] Overview of child support calculations in New York.
[09:49-10:33] Impact of retirement assets and pensions in divorce settlements.
[10:33-11:26] What happens when a client first consults with David and the importance of understanding their goals.
[11:26-12:10] Common misconceptions about divorce from movies and TV.
[12:10-12:53] The importance of working with an attorney versus attempting to handle a divorce on your own.
[12:53-13:50] Final advice for individuals contemplating divorce in New York, including finding the right attorney.
About The Show
Divorce Law with Attorney David Badanes is a podcast that provides expert insights into divorce law in New York. Hosted by Kevin Rosenquist, the show features experienced attorney David Beds, who shares valuable advice on a range of topics, including contested and uncontested divorces, child custody, spousal maintenance, property division, and child support. With a focus on practical legal guidance, the podcast helps listeners navigate the complexities of divorce, offering clear explanations, real-world examples, and tips on finding the right legal representation.