Friday, May 8, 2020

SEPARATING AND DIVORCING DURING COVID AND WHAT YOU SHOULD KNOW



So much has changed in the times of COVID-19. These life-altering events are incredibly painful during normal circumstances—but even more agonizing during a pandemic. 

In normal times, most divorces are resolved without going to trial but the couple still has spent quite a bit of their fortune on the two attorneys to argue. Court conferences in family court and the trial courts are the norm. Divorcing through litigation can be costly, emotionally challenging, and it can take anywhere from a few months to a couple of years.

In any event, no with many trials being put on hold by the courts and the likely backup that will ensue as a result, what is already a long process may become that much more so in the current and post COVID world.

Because of COVID, Family court and trial courts are not available for hearings and trials. In fact many courts are not opening for trial until 2021. How can you resolve family issues, get separated or get divorced? How do you deal with parenting time during social distancing?

Through mediation, couples seek mutually beneficial resolutions to their problems with the assistance of a neutral third-party mediator. Unlike litigation, this process does not pit spouse against spouse. It allows the couple to keep their personal life private and is typically more cost-effective.

The mediator can help resolve child custody, child support, spousal support, and property division issues. The divorce can be dealt with at whatever pace works best for the couple. Mediation can also be used to resolve specific issues in a divorce, such as custody, while the rest of the divorce is otherwise settled between the parties.

Mediation can be done from the comfort of your home or private space while Zoom has allowed for a perfect way to mediate while social distancing.

There are new financial laws in place through the CARES act that may also help you financially which the mediator and/or attorney mediator should help in sharing with you. Creative parenting agreements during the period of social distancing. Can prior Agreement be modified due to the COVID crisis?

Mediation is kinder, gentler way to divorce or separate. Since the Courts are not available now, think mediation is always available!

With years of experience in the Courts, working as a mediator in Family Court, and with a psychology background, we are able to work through the issues and find the options which best serve your family.

The goal is to fairly and equally divide our assets and to advocate for your children’s best interests in as few sessions as possible.

Remember, no one wins but the key is to be peaceful and come to a solution that works for all. It the mediator’s goal to help you stay focused on the goal of separating peacefully.

The mutual goal: to finalize the divorce without spending a fortune on legal fees or becoming enemies. It will work! Find a mediator who you are comfortable with and who knows the law. And you will find the kindler, gentler way to separate or divorce.

Robyn D. Weisman, Esq., Attorney, Mediator, Collaborative Lawyer, Director of Divorce Mediation & Family Services of New York, Ltd. 1-800-WE MEDIATE  or 631-465-2140 with offices in Melville and Long Beach, New York  www.divorcemediationandfamilyservices.com