Lawyers

 It’s no surprise that the coronavirus pandemic is causing divorce rates to rise as quarantine has placed additional strain on relationships. The combination of couples stuck in the house, homeschooling children, working remotely, dealing with unemployment and financial strain, worrying about their health and the health of loved ones, and maybe even experiencing the death of a loved one has put a significant strain on relationships causing many marriages to reach their breaking point. The Pandemic and Divorce Rates When the pandemic began in March there was already an uptick in divorce rates. The New York Post reported that people filing for separation during quarantine peaked nationally on April 13, 2020, which was about three weeks after most states began lockdowns.  https://nypost.com/2020/09/01/divorce-rates-skyrocket-in-u-s-amid-covid-19/ Furthermore, data collected by Legal Templates, a company that provides legal documents, reported the number of p...

  New York Adds Domestic Violence as a New Factor to Consider for Equitable Distribution Domestic Relations Law §236 now includes domestic violence as a factor to consider when determining equitable distribution in New York.  The legislatures amended the Domestic Relations Law (DRL) §236B(5)(d) in April 2020 by adding a new factor that the court must consider in distributing properties between divorcing spouses.  The amended law essentially mandates that the court consider “whether either party has committed an act or acts of domestic violence, as described in [Social Services Law §459-a] against the other party and the nature, extent, duration, and impact of such act or acts.” DRL §236B(5)(d)(14).  Domestic violence causes physical, emotional, and psychological effects on the victim.  Thus, the legislatures believed that abuse within a marriage must be considered to appropriately resolve the issue of whether the victim should receive more than ...