A bad marriage is a terrible thing. One of the blessings of a divorce is that it resolves the unhappiness and allows the spouses to move on with their lives. However, physical separation, which is sweet relief for people whose relationships have run their course, turns out to be unavailable during the pendency of some of the most contentious divorces because of perverse legal incentives which hold the parties together in the same household during what can be an incredibly tense and hostile time.

Courts Are Overwhelmed

Because of the sheer number of matters assigned to each judge, judicial resolution of even temporary applications for maintenance, custody or for possession of a home take months or even years after a divorce summons is issued, often while the parties remain living in the same residence. See Alan Feigenbaum and David Saxe, Private Judges: How New York Can Unclog the Backlog, NYLJ, Dec. 9, 2022 (explaining that the overburdened system has led to delays of one or two years to get a trial date before a special referee). The drama of this unnatural home life only intensifies when children become the focus of the emotional tension within the home.