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Oct 2020What if my husband does not pay me my spousal support under a court order during a New York divorce case?
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Jun 2020What is child custody?
Apr 2020Are the Courts open?
Can I get a divorce during the Corona Virus Pandemic?
March 19, 2020
Should I seek a legal separation while quarantined?
During this terrible pandemic of the coronavirus parties that had once contemplated a divorce before the spread of the virus now find themselves trapped in the same living quarters as their soon-to-be-estranged spouse. They also find themselves in the predicament of facing
Court House closures.
It is important to note that you have options. One of these options is to seek mediation telephonically. You might also consider entering into a separation agreement remotely with a New York Divorce Lawyer.
If you are a victim of domestic violence you still have the same options as before. Of course, you may also call the police, but you should also consider calling an attorney who can file an emergency family offense petition for you with Family court.
It is also important to note that in New York City, the Family court is open for parties that need to enforce child support orders or need protection under family offense proceedings.
With respect to emergencies of this nature, the court is open. However, if you are seeking nonessential services such as a divorce or a separation, while an attorney cannot file that for you at this time, there is hope. As the virus gets under control, the court clerks will resume their duties and obligations to accept filings and courts will re-open, at least to the extent of filing your divorce electronically.
Furthermore, during this time when you have the time on hand you can negotiate a post nuptial agreement or a separation agreement with the help of a New York City divorce lawyer either on the telephone, through FaceTime, or even in a private interview at some of the offices that remain open. However, should New York become subject to a mandatory quarantine, all customary manners of action will change dramatically, and you will need to contact your matrimonial lawyer through electronic devices.
Moreover, a well versed matrimonial lawyer with tested professional associations with bar associations throughout New York State is best equipped to provide and can be counted on to provide courtesy information as to the status of local changes in the court administration That said, instead of fighting with your spouse it might be a good time to sit down and work out the terms of your agreement as best you can so that you can call in the terms of your divorce and have a divorce lawyer draft same and have another divorce lawyer for your spouse review it. Once you live pursuant to a duly executed separation agreement or settlement agreement that will serve as a template for a divorce action later on once we get the virus under control and the courts re-opened. As discussed in prior articles in this blog, living separately pursuant to a separation agreement is also grounds for a divorce. I hope this helped you understand how to proceed in the event that a divorce just can’t wait.
By Your New York City Divorce Lawyer Lisa Beth Older.