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How will the Court handle my case during Covid-19?
June 16, 2020
This article is about the coronavirus and how it has impacted our legal community in New York. On June 15, 2020 the court announced certain changes in the court system. Chief Judge DIFIORE made an updated message with respect to these latest developments and posted a video on the court’s website. One such development was a way to file documents electronically. Thus, even though the court system is closed, the court is now accepting new applications for divorce and child custody. The rules are a bit different with respect to Family court however since Family court is dealing with essential cases. However, what is different is that the court is excepting new divorce and child custody cases in Supreme Court. There is a new
Filing system that has been made available to the public called the EDDS. EDDS is an electronic document delivery system that will allow for the transmission of documents by litigants, judges, clerks, and other offices in New York. You can file new cases using this system and you may also file documents emotions in pending cases in New York State Supreme Court.
The chief justice announced on the New York Government website that they are working very diligently to get the courts and courthouse is open. On June 10, 2020, the justices return to their actual posts in the court room to attend to their pending case calendar. However, now, the courts are not open to attorneys arguing their cases except for emergencies. Normally, these applications are heard on Skype. It is hopeful however that we will get back to normal once we have COVID-19 under control. COVID-19 brings many challenges to New York divorce attorneys. First, if you are involved in a pending divorce matter, expect delays. Secondly, if you are already involved in a pending divorce matter you may have to revisit certain valuations as to your business and we are property and assets. This is because the financial situation surrounding these assets has changed and the value may have gone down. This will require new forensic evaluations and you might be able to expect additional delays because of that. on the upside of things, if you are the money spouse this might be a good time to consider filing for divorce if the marital assets have been reduced because of COVID-19. Another aspect to consider is filing for a modification in child support or spousal support if you have lost your job or if your business has gone under because of COVID-19. It is important to know that you should not just stop paying court ordered obligations because all court orders are continuing automatically until the courts set up a new court date for you. Therefore, if you are in financial difficulty You should not ignore your financial circumstances and you should seek relief and supreme court through a modification of child custody or child support obligations.
Ask your child custody, the COVID-19 problem has put a strain on our court system. Parties that have not been used to living together in small quarters for long periods of time are now considering divorce.
As to those parties who have orders of protection in their favor, the courts have issued an order that all orders that were due to expire on March 19, 2020 has been automatically extended which means they’re still in effect.
As such, you are still protected as a matter of law. All custody orders are also in effect until otherwise ordered by the court.
If you are considering a divorce her child custody case you may contact the law offices of Lisa Beth Older for more information. You can reach me on my cell phone at 914-388-7557. Thank you and good luck to you and your family.
By: Manhattan divorce lawyer and Manhattan custody lawyer: Lisa Beth Older, Esq.