'Perfect Storm' for Divorce: NY Matrimonial Attorneys Foresee Pandemic Breakups
Matrimonial attorneys say they are seeing an uptick overall in the interest for divorce.
May 26, 2020 at 06:19 PM
4 minute read
New York matrimonial lawyers say they anticipate a stream of divorces to stem from the COVID-19 crisis as families face a cocktail of financial strains and lengthy lockdowns induced by the pandemic.
Those factors have put pressure on existing fault lines in relationships and are expected to put troubled marriages on a quicker path toward divorce, they said. With sweeping stay-at-home orders, couples were forced to spend extended time together, possibly with the added stress of economic hardship.
"In some ways, it's a perfect storm for a divorce," said Ronnie Schindel, a partner at Pryor Cashman, noting the pandemic has cut off access to leisure activities and other outlets.
Schindel, who is also the president of the New York chapter of the American Academy of Matrimonial Lawyers, said the pandemic will likely hastened the breakup of marriages that were headed for divorce already.
Divorce filings have poured into upstate New York courts over the last week as those areas began accepting new nonessential lawsuits. Those nonessential filings were previously banned under sweeping restrictions placed by the state's court system as New York's COVID-19 crisis escalated.
Earlier this year, New York issued a near-total ban on gatherings of any size and ordered nonessential employees to not show up to their workplace. The ban on gatherings has since been loosened and certain businesses in parts of the state have been allowed to bring their employees back to the workplace.
Meanwhile, matrimonial attorneys say they are seeing an uptick overall in the interest for divorce.
Some people simply want to be educated on their options, but others have made up their mind and are anxious to move on, said Claire Cody Miller, a matrimonial lawyer based on Staten Island. The lockdown measures combined with financial difficulties can put a strain on families, she said.
"There's a tremendous number of stressors," she said.
Some people are questioning whether they want to continue in a relationship that's not as fulfilling as they'd like, said Mitchell Y. Cohen, a partner and founding member at Johnson & Cohen.
"A lot of people are putting their lives in perspective," he said.
The state court system on Monday lifted the ban on new nonessential lawsuits for New York City, Long Island and the Mid-Hudson region. Matrimonial lawyers say they expect a wave of divorce filings to hit the courts eventually, both from people ready to split before the pandemic and from people brought to the brink while under lockdown.
As the nation trudges forward through the pandemic, some attorneys say the post-pandemic world has raised a host of child custody issues, such as if one parent is not following proper safety protocols.
Overall, courts will have to balance pandemic precautions with the benefits of a child having a relationship with both parents, said Adam Citron, a partner at Davidoff Hutcher & Citron.
The courts must also consider the mental and emotional well-being of a child, he said, noting that there could be drawbacks when a child goes months without seeing their mother or father.
"FaceTime is great, but it's not the same," he said.
Many couples appeared prepared to move quickly in the first days they could file.
At least a dozen couples filed for divorce on Monday in Manhattan alone, including fashion designer Mary-Kate Olsen and her husband, music producer Pierre Sarkozy, according to state court records.
Statewide, more than 400 couples filed for divorce between May 18 and Monday, according to the OCA data. The busiest county for matrimonial cases was Monroe, with more than 80 contested or uncontested divorces initiated.
Jane Wester contributed to this report.
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