27 Apr Frequently Asked Questions About Divorce During Covid-19 Pandemic in New York
For the people of New York and around the world, the COVID-19 coronavirus outbreak has turned the world upside down. We’ve never seen anything like this in our lives. For those living in a struggling marriage, the stress caused by staying at home for the last year for some might be the straw that broke the camel’s back.
If you are considering divorce or facing family law matters including spousal maintenance, child support, custody, or grandparent’s rights, you may have questions. You might be wondering what you should do now? Are the family law courts open? Where can you turn for help?
Can I get a divorce during the pandemic?
The short answer is yes, couples wanting a divorce are able to move forward through the process. The typical divorce process these days is taking longer than normal. This is due to the delays that the courts have had due to the pandemic and the adjustments they’ve had to make. The divorce mediation process however, can still be just as quick as before the pandemic.
Am I Able to Go to Court for My Divorce?
As we near a more hopeful stage of the pandemic, the New York courts are still able to provide the services they normally would, with some adjustments. In house court hearings just require following the needed safety guidelines, and there are still provisions to have virtual court appearances.
If you pursue a divorce mediation however, there is no need to go to court. That whole part of the process is skipped, since the couple pursuing the divorce can make the decisions amongst themselves with the help of a mediator.
Will COVID-19 affect how long my divorce will take?
Unfortunately, the coronavirus outbreak has slowed the process and caused a backlog in some counties for many divorce litigation cases. In a divorce mediation however, you and your spouse have full control over the time frame. The beauty of mediation is that there are no strict time requirements that have to be met like there are in contested divorces that are in Court. The process of mediation can be as quick or as slow as the parties want them to be. The parties are in the driver’s seat in divorce mediation and, therefore, are in control.
Should I pursue a Divorce Mediation or Divorce Litigation?
Divorce mediation is a great option for couples who want a divorce that is quicker, less stressful and less expensive. The pandemic especially makes mediation a really reasonable option because couples will not experience court delays and the process is pretty much the same despite the pandemic. A divorce mediation differs from divorce litigation because it is considered “uncontested”. No one is hiring a divorce attorney to represent them, because the goal is for both parties to agree on divorce matters rather than fight to win them. Although it is rare for a couple to decide on everything amicably, in most cases couples are able to come to an agreement on these matters.
In instances where the parties simply cannot come to an agreement on a bunch of matters such as child custody and property division, then they might have no choice but to pursue a “contested divorce” and get the courts involved. This will cost more, and take more time, so if you think divorce mediation is right for you and your spouse, give us a call for a free consultation.