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Can I Seek a Divorce During the COVID-19 (Coronavirus) Pandemic in New York?

Can I Seek a Divorce During the COVID-19 (Coronavirus) Pandemic in New York?

Can I Seek a Divorce During the COVID-19 (Coronavirus) Pandemic in New York?

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. 

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5 Ways to Help Win Your Child Custody Battle

5 Ways to Help Win Your Child Custody Battle

5 Ways to Help Win Your Child Custody Battle

Fighting for child custody is essential but exhausting work. Research and court opinion has long indicated that, with rare exceptions, a meaningful relationship between both parents is in a child’s best interests. Here are some ways you can increase the chances that you’ll receive a favorable child custody judgment.

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How Does the Coronavirus (COVID-19) Pandemic Affect My Child Custody or Child Support Order in New York?

How Does the Coronavirus (COVID-19) Pandemic Affect My Child Custody or Child Support Order in New York?

How Does the Coronavirus (COVID-19) Pandemic Affect My Child Custody or Child Support Order in New York?

As most Americans adapt to a new reality in the wake of the Coronavirus (COVID-19) pandemic, in particular social distancing, mandatory business closures and work from home, school closures, job layoffs, shortages of food and essential supplies, etc., there are lot of questions that need to be answered. For the first time in a long time, many of us are having to take care of our children (and maybe even perhaps our parents or grandparents) full-time.

Coronavirus Impact on Child Custody Orders

If you are not married or in an intact relationship with your children’s other parent, you may have a Child Custody Order and are wondering whether or not you have to send your children to visit the other parent. If you are the noncustodial or nonresidential parent, you may fear that you are going to go a prolonged period of time without seeing your children if the Federal or New York State governments issue a mandatory quarantine or stay in place order.

Coronavirus Impact on Child Support Orders

If you have a Child Support Order and you lost your job or your hours were cut back and you are starting to struggle to make ends meet, you may be asking whether or not you have to continue to pay child support. Conversely, if you rely on child support to care for your children, provide for their support, food, clothing, shelter activities, etc., you may be afraid that the other parent is going to stop paying altogether.

In this article, we answer the foregoing questions, as well as others you might have surrounding your Child Custody and Child Support obligations at this unprecedented time.

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How Can I Prove Domestic Violence Accusations are False?

How Can I Prove Domestic Violence Accusations are False?

How Can I Prove Domestic Violence Accusations are False?

Domestic violence is, unfortunately, a common theme in divorces. The National Coalition Against Domestic Violence reports that 1 in 7 men and 1 in 4 women have been the victim of domestic abuse. While being sensitive to victims of violence is of the utmost importance, not all accusations of domestic abuse are truthful. In some cases, one spouse will attempt to gain control over the other by alleging abuse. The state acts quickly to remove perpetrators of violence from the home in an effort to protect victims, making it easier for a disingenuous spouse who wants to keep the marital home or gain sole custody of their children to do so without much of a fight.

Here’s what you need to know about how to prove your case of false allegations.

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What to Expect During Court-Ordered Divorce Counseling

What to Expect During Court-Ordered Divorce Counseling

What to Expect During Court-Ordered Divorce Counseling

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.

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How Can I Get My Soon to Be Ex Spouse to Leave the Home?

How Can I Get My Soon to Be Ex Spouse to Leave the Home?

How Can I Get My Soon to Be Ex Spouse to Leave the Home?

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.

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