Many Americans have had their lives turned upside down as a result of COVID-19 (Coronavirus). Last week, 3.2 million Americans filed for unemployment marking the highest in a single week in U.S. history. Schools are closed and parents are home full-time with their children. April 1st marked the start of a new month with millions of Americans out of work, likely to default on their mortgages, student loans, car payments, and utility accounts, placing even more strain on the financial system and the economy. If you were considering divorce before the pandemic, the stress has either reaffirmed your decision or perhaps is giving you second thoughts. Undoubtedly, the mental, emotional, and financial stress being caused by the pandemic will result in the breakdown of many marriages.

Court Shut Down Does Not Mean You Cannot Proceed with Divorce

In New York, the courts are shut down except for essential filings for emergency situations. Simply filing for a divorce does not satisfy the essential filing requirement. Does that mean that you cannot proceed with the divorce at this time? The answer is No, and I will cover your options in this Article. 

If you’re pursuing a divorce on Long Island, you may be ordered by a Nassau or Suffolk County court to attend divorce counseling. Here’s what you should expect from mandatory divorce counseling and how you can get help with separation, child custody, support, and other critical family legal matters.

What Is Divorce Counseling?

When you hear the term “divorce counseling,” you may think of marriage counseling with the goal of avoiding divorce. However, this isn’t an entirely accurate description. Divorce counseling is a specific type of therapy that helps couples process complex emotions about the dissolution of their marriage and related issues.

Living with your soon-to-be-ex-spouse under the same roof after you’ve decided to get a divorce can be extremely uncomfortable. If neither of you wants to leave the home, what are your options? Does New York law allow you to evict your spouse? Here’s what you need to know.

Eviction Defined

Eviction is a legal remedy that allows a landlord to require a tenant to leave property the landlord owns or leases. In most cases, this occurs because a tenant has failed to pay their rent on time, or if they’ve committed a crime on the property. If a landlord wishes to evict a tenant, they must pursue a court order that gives them the right to force the unwilling tenant to leave the residence within a certain amount of time and remove their belongings from the property.

Divorces can play out in any number of ways. One of those is a default divorce or a default divorce judgment. Here’s what you should know about this type of divorce and how you can get help legally dissolving your marriage.

Default Judgement Divorces Explained

There are two kinds of default divorces on Long Island:

• A default judgment issued when the defendant does not respond to the divorce petition within the required amount of time
• The finalization of an uncontested divorce

Typically, the former of the two contexts is the most commonly referred to as a Default Judgement. When a plaintiff files for divorce and the defendant fails to respond after every effort is made to notify them of the petition, the court has no choice but to move forward, usually with the terms requested by the plaintiff.

If you’re considering filing for divorce but your spouse lives out of state, the process can become trickier. Will you be able to file in New York, or will you have to divorce your spouse in another state? Here’s what you need to know.

Check the Residency Requirements of Both States

First, it’s important to check the residency requirements for divorce in both states. If one of you does not meet the residency requirements of your state, this simplifies the process and limits you to filing for divorce only in the state where one spouse meets residency guidelines. If you both meet residency requirements, you can select which state in which you want to file.

New York residency requirements are as follows:

If you’ve decided to get a divorce, your spouse has the option to refuse to sign the divorce papers when served. If they’re completely missing in action, this may work in your favor. However, things can become significantly more complicated if your spouse’s refusal to sign leads to a contested divorce. Here’s what you can do if your ex isn’t cooperating.

If you’re considering ending your marriage, there are generally two options available on Long Island, NY: legal separation or divorce. While divorce may be your first inclination, especially when you’re in the emotional first stages of deciding to end your marriage, staying legally married but separated has many advantages and may be in your best interests until you’re fully committed to divorce. Here are some questions you can ask to determine if legal separation could be a better choice for you.