Divorce Matters in the Age of Coronavirus (Updated May 4, 2020)

UPDATE ON THE COURTS AND NEW LAWS IN NEW YORK:

1. For the first time, Courts in New York are accepting new routine filings (varies by County) for divorce, custody and support matters. The courtrooms are still closed to the public except for emergency and essential matters. Most filings are being done electronically
2. Priority divorce matters already in the system are being dealt with via "Virtual Courts". Attorneys are appearing for conferences with the Judges via Skype.
3. Most family law firms are mostly working remotely. But some offices (including mine) are open and using "social distancing", masks and enhanced cleaning methods to keep the work environments safe and healthy for employees and clients.
4. Estate planning and custody / divorce agreements can be witnessed by "virtual notary", pursuant to a new law, effective March 20, 2020. This means you do not need to physically meet with an attorney or notary to finalize documents.

DISCUSSION:

To a greater (acute panic) or lesser (still panic) degree, Covid-19 is our new normal. Nearly two months in, the average person's life, job and business has been disrupted at every level, and increased anxiety is affecting health and relationships. The future forecast is pretty grim, with rising unemployment, a public health crisis, and uncertainty. With most experts agreeing that a vaccine is at least a year away, and Americans desiring to break free of their confines to go back to normal life, businesses in many states are opening up. The roads and parks are getting busier.

For those that are facing divorce, separation, or domestic violence, it is time to think about how our this turbulent reality, which has no end in sight for the moment, will affect you and your family.

This Q and A is modified from an article on Hello Divorce. How can you prepare yourself if and when the time comes that coronavirus does start to impact your divorce: 

I’m quarantined due to coronavirus, but I’m in the middle of divorce negotiations with my ex. How do we move forward if I can’t even leave the house?

Parties that are out of court, or have court dates in the future, or considering mediation: you can have virtually all divorce paperwork, including financial disclosures, by working together with your attorney or mediator. You can reach one of our attorneys by phone, video, text all from the comfort of your own homes. (Our attorneys are also meeting clients in our office in Great Neck, where we have multiple large conference rooms. All surfaces are sanitized daily.) Negotiations will move forward. Cases will get resolved and finalized, as long as both parties are motivated to do so.

What will happen to my divorce case if I have to go to court, but my ex or I get sick with coronavirus before our appearance? 

It goes without saying that if you have (or think you have) coronavirus, you should not go out in public. As of today, New York courts are not allowing personal appearances. Every routine case is getting adjourned into late May and June, except emergency matters.

At WHA, our goal is to keep you out of court (with limited exceptions, including domestic violence) So, if you’re starting the divorce process now and just assume you’ll have to appear in court, that’s not necessarily true; we’ll do everything in our power to work with you and your ex to keep your case out of the court system. 

In emergency matters, including orders of protection, custody matters, domestic violence, or to protect assets, we will do whatever is necessary to protect your interests by filing in court. We also make referrals to the police, district attorney, and domestic violence shelters, such as The Safe Center.

Could the New York court system close down due to coronavirus? What would that mean for my divorce case?

Yes, the courts are closed with very limited activity right now. Postponements into the summer are very likely for most cases. It is likely that once court is back in session, cases will continue with court dates as scheduled, and the cases that were missed will be rescheduled. Stay in touch with our office.

My job is at risk / my small business has already taken a huge hit from coronavirus. Can I adjust child and support payments now? Can I adjust payments based on my projected losses?

Your best course of action is to get advice from an attorney. Try to work things out with your ex.  We’re entering new ground as a nation and many of us will suffer the economic impacts of this virus. Many of us are feeling the impact already. So: make honesty your policy, and make it clear to your ex that you want to maintain communication during these uncertain times, and that you plan to readjust payments when business picks up again. Probably also a good idea to demonstrate that you’re making adjustments in your own daily life, to demonstrate to your ex that you’re also making sacrifices to try to continue support payments as normally as you can. But, in general, keep in mind that any adjustments made to spousal and child support payments will need to go through the court to become enforceable.

What if you need to take legal action? If direct, straightforward conversation is not an option for you and your ex, then you might consider filing a motion with the court to preserve the right to modify support back to the date your income took a hit. You may not get a court date to make this adjustment immediately, but hopefully when you do you’ll see some financial relief. In New York, as long as you file a petition, financial relief is usually retroactive to the date of filing of the petition.

Also, if you and your ex can come to agreement on support adjustments between now and a future court date, a stipulation can be prepared and filed so that no court appearance is necessary. If you go this route, keep in mind that the agreement must be in writing and prepared as the court requires, as well as notarized. If you need or want help, our lawyers and mediators are ready to help.

What will happen to the kids if I get coronavirus? How will that affect my shared custody agreement? Will I be able to make up my lost visitation time with them after I’m healthy again? 

Legally speaking, it’s all going to go back to your co-parenting agreement. If you have concerns about that now, you should bring them up with your ex and suggest amending your agreement. Being proactive about this now will save you worry, concern and heartache later, if this becomes an issue for you.

What happens if one of our kids gets coronavirus?

Thankfully, all of the available data is showing that children are not at fatal risk in the same way as adults, but newer reports are showing cause for other health concerns.  This is a scenario that you and your ex should discuss now. In theory, when you agreed on your co-parenting agreement, you discussed procedures to follow if your child gets hurt or needs medical treatment. That process will stand if one of your children contracts coronavirus. 

What you probably didn’t plan for is where that child should stay should they be quarantined and out of school for months on end. This is a conversation to be having with your ex now. 

A few things to consider: If you have more than one child, you and your ex may wish that the healthy child reside in one home, while the other parent cares for the sick child. Or, if one of you lives with an aging parent or someone else in a high-risk category, you may decide that the children (who likely interact with more people at school than the aging parent does in your home) should reside with the other parent, to prevent even the possibility of bringing home and spreading the virus. 

How do we handle co-parenting with school closures due to coronavirus?

A school closure would typically be viewed similar to a Monday holiday – but definitely look to your child custody agreement if you have one. What does it say about how to handle things when the kids are sick or when there’s no school due to a teacher workday or a single-day holiday? That can be a guide. 

And of course, work with your ex. Talk. Communicate. Agree that in all of this uncertainty the one thing that will remain rock solid is your commitment to making sure your kids are safe, happy, and know they are being taken care of.

I don’t really want to escalate things. But what if my ex is taking health risks, or not taking coronavirus seriously enough in a way that could impact the health of our kids?

If you are really, truly seriously concerned about your ex’s ability to safely co-parent, you should seek legal guidance right away. If your ex has come into contact with the virus or puts themselves in risky situations, a lawyer can advise you on how to handle the situation and keep your kids safe. 

Of course, what we all hope is that this won’t be as awful as we are worried it will become. If you find yourself now homebound (i.e. telecommuting), but still healthy, maybe this is a good opportunity to start focusing on your divorce. If divorce is where the relationship is headed, it’s better to just move forward than stay in limbo.

These are uncertain times for all of us. Frankly, it feels like a weird science fiction novel where we’re all planning for and preparing to battle an enemy we can’t see. But as history has shown us, uncertain times can bring us together, too. Which is why honest, open communication with your ex – even if you’re not friendly toward one another – about the “what ifs” is so important. Now is the time to get clarity and agreement on how to proceed with paperwork or negotiations; how to make adjustments if one or both of you takes a hit financially, and how your co-parenting might need to change in light of the virus and extreme measures of caution being taken worldwide.

What else do I need to be concerned about? 

The time is NOW to talk to your attorney about a guardianship agreement, power of attorney, will and health care proxy. These documents will protect you and your family if you are incapacitated or worse because of coronavirus. Don't delay.

Do you have additional questions about how coronavirus might impact your divorce? 

Contact our team today by phone (516 773 8300) or email. [email protected]. Help is on the way. As always, the consultation is completely free. At Wisselman, Harounian & Associates, we wish you and your loved ones health and safety and promise to help in any way possible.

JACQUELINE HAROUNIAN, Esq., a Partner of The Law Firm of Wisselman, Harounian & Associates, P.C., adeptly handles complex family and matrimonial litigation, appearing on divorce, custody, and support matters in the Family and Supreme Courts in Long Island and New York City. She is recognized as a leader in the field of matrimonial and family law and is committed to providing the highest quality legal representation. Please connect with Wisselman, Harounian & Associates, P.C. on Facebook and on Twitter at Wisselmanlaw and learn more about our law firm and Jacqueline Harounian at www.lawjaw.com.