• Tips For A Painless Divorce

    Many factors can influence how challenging the experience of getting a divorce may be. It’s natural to assume that a divorce must be a major struggle. That’s not always the case. Although few divorces are completely painless, many can be easier to endure than those involved might assume. Are you getting a divorce? If so, the following tips can help you stay reasonably calm and optimistic during what might otherwise be an overwhelming time in your life.

    Determine Your (Specific) Goals

    Getting a divorce can be a very challenging experience to endure. It’s understandable when someone going through a divorce wishes to spend as little time thinking about the situation as possible. However, you cannot ignore reality. Your divorce will be finalized eventually. You need to be confident that when this day comes, the arrangement you have come to will be satisfactory. Thus, when you know you are getting a divorce, it’s important to spend time as early as possible considering what your specific needs and goals are regarding the final outcome. A strong New York City divorce attorney can help you with this task. With their assistance, the process of getting a divorce and the aftermath will be less unpleasant than they otherwise may be.

    Seek Emotional Support

    This is an important step that many people, unfortunately, put off when getting a divorce. The fact is while getting a divorce does not need to be as painful as you might assume, you nevertheless should expect to struggle with some emotional difficulties during this stage. Having someone to talk to about said difficulties is often very helpful. Ideally, this person will be a professional counselor who can serve as an objective party. However, if that’s not an option, you may have friends or family members who can help you through this time if they have been through a similar experience and don’t already have a strong connection with your ex.

    Take The Long View

    It can be easy to resort to name-calling, fighting, and even worse behavior when interacting with an ex during the divorce process. While you may get a very brief burst of short-term pleasure from giving in to these impulses, in the future, you won’t look back on such experiences happily. Pay attention when you notice yourself feeling the urge to fight with an ex or otherwise engage in hostile and confrontational behavior. Do your best to remain calm when those feelings arise. In the long run, you’ll be glad you remained in control of your emotions, even if they were unable to stay in control of theirs. Perhaps most importantly, hire an attorney qualified to protect your rights throughout the divorce. Much of the stress that someone might experience when getting a divorce can be avoided when they have the peace of mind that comes from knowing they have proper and fair representation, which is exactly what New York City divorce attorney at Randi L. Karmel, PLLC offers. Learn more about what she can do for you by contacting the office online today.
  • What Issues Can Arise When Moving Out of State With a Custody Agreement?

    Sometimes when parents find it challenging to agree on custody matters with their children, the courts must become involved and establish legal custody arrangements that work in the children’s best interests. This includes deciding what parent is entitled to legal or physical custody of the children. Custody agreements can be complex, especially when juggling the many life changes. One of the most challenging aspects of a custody agreement revolves around whether one of the parents wants to move. A family law attorney answers all of your child’s relocation questions in today’s blog.

    How Does The Relocation Process Work?

    Parents with an existing custody arrangement can not just decide to move to another state. Some actions must take place before the move can even take place. These actions include a notice of intent to the court, an agreement to move from the other party, and the court’s decision. In the notice of intent, the parent who wants to move must explain to the court why they intend to move and where they intend to move with their child. After the court and the other parent receive the notice of intent, the parent needs to show that the other parent agrees with the move. If there is any issue resolving the move, the issue can be discussed in court, where the court will be responsible for making the final decision.

    What Factors Do The Courts Consider?

    When deciding on whether to approve a parent’s move or not, the courts base their decision on what is in the children’s best interest. Some of the factors that the courts will take into account include the following:
    • The wishes of the child if the child is at the appropriate age
    • The ability of each parent to support the child
    • Whether the move will interfere with the other parent’s visitation schedule
    • The quality of the relationships between each parent and the child
    • If there is a history of domestic abuse or violence from either parent

    What if The Parent Moves Without Informing Anyone?

    If the parent decides to move to another state without informing the appropriate parties, the parent can be held liable for criminal charges. Parents are not permitted to move out of the State without the court’s approval who issued their custody arrangement. In the eyes of the law, the parent would violate the custody arrangement by moving without seeking permission. Parents can be subjected to jail time, fines, or a combination of both consequences. However, if a parent is in an abusive relationship and decides to move out of State for fear of their life, the court can consider that reason a good cause, and the parent will not face any punishment.

    Contact a New York City Child Relocation Attorney today

    At Randi L. Karmel, PLLC our family law attorney understands each parent has rights that need protecting. Whether you are a custodial parent wishing to move, or a noncustodial parent afraid of losing a close relationship with your child, Attorney Randi L. Karmel can help. Contact us for a consultation to discuss your unique family law matters, call us at 212-755-0224.
  • How is Cryptocurrency Handled in The Division of Assets in a Divorce?

    One of the reasons divorce can be a challenging process for couples is that it involves separating the couple’s assets. Every asset that the couple has acquired throughout the marriage must be equally distributed. This includes properties, business real estate, jewelry, and even cryptocurrency. Over the past years, cryptocurrency has become more than just a trend; many couples have considered cryptocurrency as a form of investment. However, like all investments and assets in a divorce, cryptocurrency must be distributed equally as well in a divorce. A family law attorney can answer all of your questions about cryptocurrency and divorce.

    Cryptocurrency And Divorce

    In the divorce process, cryptocurrency is treated like any marital asset. Like any marital asset, whether cryptocurrency is separate or marital property must be determined. Cryptocurrency may be considered a marital asset based upon whether the couple experienced any growth in cryptocurrency during the marriage. Another factor that can help classify cryptocurrency as a marital asset is whether both partners were involved in using cryptocurrency or invested in a couple of cryptocurrency assets.

    How Can Cryptocurrency be Divided in a Divorce Settlement?

    Cryptocurrency investments are no different than other marital assets when considering property division. Similar to other assets, cryptocurrency can be distributed in different ways. The investments can be liquidated, and both spouses or one spouse can receive the money value. One spouse may decide to exchange their cryptocurrency investments for a larger share of another type of marital property.

    When is Cryptocurrency Classified as a Separate Property?

    Cryptocurrency could be classified as separate property if one or both spouses entered the marriage with cryptocurrency. If one spouse gifted another spouse with a form of cryptocurrency, the cryptocurrency could also be considered separate property.

    How Does The Price of Cryptocurrency Complicate Divorce Proceedings?

    Because the price of cryptocurrency fluctuates consistently, it can be challenging to pinpoint a specific amount when dividing the assets during a divorce proceeding. When the divorce is filed, the cryptocurrency amount may not be the same once the divorce is finalized. Some spouses skip the valuation process altogether and divide the cryptocurrency equally.

    How Many Spouses Hide Cryptocurrency During The Divorce Process?

    Like any other marital asset, some spouses attempt to hide their cryptocurrency investments from their spouses during the division of assets. This typically happens when one spouse is involved in cryptocurrency, and the other spouse is unaware and has little knowledge about cryptocurrency. Because cryptocurrency is still a relatively new investment, some spouses wish to keep this asset out of the asset division process during a divorce. Family law attorneys have begun asking about cryptocurrency during the asset division process.

    Contact a Manhattan Property Division Attorney Today

    If you are going through a divorce and are concerned about the equitable distribution of your property, turn to the team of Randi L. Karmel, PLLC for help. Contact us for a consultation to discuss your unique matrimonial or family law matters, call us at 212-755-0224.
  • No Prenup? How a Postnuptial Agreement Can Protect You Both

    It happens every day. Couples fall in love, get engaged, and feel that a prenup either takes away from the romance or serves as a bad omen for the marriage. In truth, a prenuptial agreement is a very practical tool to protect you both from unforeseen consequences. If you are considering filing for divorce and do not have a prenuptial agreement, a postnuptial agreement may offer the solution you need. Randi L. Karmel, PLLC, understands the significant impact a divorce can have on your financial health. If you have a high net worth, a divorce can be especially damaging. A New York City postnuptial agreement attorney can discuss the benefits of having one in place before filing for divorce.

    How Can a Postnuptial Agreement Benefit Me if I am Considering a Divorce?

    High-asset divorces can be lengthy and problematic. A postnuptial agreement can settle many issues beforehand. In addition, a postnuptial agreement can help you protect your best interests while still married instead of fighting it out in court when emotions are high. Some important benefits to consider include:
    • Deciding if and how alimony should be handled
    • Controlling the division of property and assets
    • Managing business assets
    • Reducing the cost and time it takes to divorce in the future
    • Avoiding conflict typically associated with divorce proceedings
    While there is no getting around the emotional nature of ending your marriage, a postnuptial agreement can give you a sense of certainty when both parties know what to expect.

    Why Should You Hire a Financially Savvy Postnuptial Agreement Attorney in New York?

    The enforceability of a postnuptial agreement is crucial. You need an experienced attorney to guide you and your spouse through the process to ensure its validity. A well-drafted postnuptial agreement can shelter you from future challenges should you decide to divorce. Fighting a postnuptial agreement can be costly. It is in your best interests to make sure your postnuptial agreement is valid, enforceable, and free of any vague language or exposure. In New York, a postnuptial can only be challenged under one of the following circumstances:
    • Duress, or being forced to sign the agreement by violence or threat of violence
    • Fraud can be considered if assets were hidden or not valued correctly
    • Unconscionability refers to a postnuptial agreement that would be considered unreasonable to most people
    Unconscionability is a broad term used to prevent one spouse from maliciously taking advantage of the other. In 2014, McKenna v. McKenna, 121 A.D.3d defined unconscionability as an agreement that no reasonable person would accept and no honest person would create due to it being grossly unfair.

    Contact Our Postnuptial Agreement Attorneys Today

    Whether your marriage is happy, has difficulties, or has serious considerations for divorce, a postnuptial agreement can be very advantageous. Take the emotion out of the equation and realistically evaluate your marital assets and what both spouses would wish in the event of a divorce. A postnuptial agreement cannot remove the emotional turmoil of ending a marriage, but knowing you are entering divorce proceedings with most of your decisions already made can give you peace of mind. At Randi L. Karmel, our New York City postnuptial agreement attorneys are here to help you design a contract with your best interests in mind. We will make sure both parties understand all aspects of the agreement and ensure your postnup is valid and enforceable. Contact us for a consultation to discuss your unique matrimonial or family law matters by clicking here or calling us at 212-755-0224.
  • Child Support Will Now Cover Young Adults with Mental Disabilities

    Child support has always been a hot-button issue for divorcing parents. The same is true for parents of children with severe mental disabilities. While many minors grow into contributing members of society, individuals with mental disabilities may depend on their custodial parent much longer. Recently passed legislation will ease the burden on parents with disabilities by expanding child support. If your family qualifies under the new law, consult Randi L. Karmel, PLLC, to discuss your case. Our New York City child support attorneys will evaluate your case and discuss your options. Schedule a consultation with a family law attorney to discuss your unique matrimonial or family law matters by clicking here or calling us at 212-755-0224. We serve clients in the Bronx, Brooklyn, Queens, Manhattan, and Staten Island.

    New York Expands Child Support

    Gov. Kathy Hochul approved extending the age of child support for those with developmental disabilities to the age of 26. Assemblywoman Carrie Woerner and Assemblywoman Mary Beth Walsh sponsored the bill as a “lifeline for custodial parents to care for the meet the needs of their children.” Walsh also noted that for individuals with intellectual or developmental disabilities, “this important piece of legislation recognizes that just because a child or adult child dependent reaches the age of 21, their day-to-day needs do not end.” Under the new law, New York courts will be able to award child support for adults with mental and developmental impairments if they meet the following guidelines:
    • The child was diagnosed with a mental disability as a minor
    • The financial conditions of the parents follow the Child Support Standards Act
    • If the financial support of the child has been disproportionately placed on the custodial parent

    What To Do if You Qualify?

    Intellectual and developmental disabilities affect thousands of children. Once grown, they are still very dependent on their parents and may not be able to support themselves independently. According to statistics gathered by The Achievable Foundation:
    • An estimated 17% of Americans suffer from an intellectual disability
    • 15% of children have a developmental disability
    • The lifetime costs of having a mental disability can reach up to $2.4 million
    If you are a custodial parent of a child or young adult with intellectual or developmental disabilities, you may qualify under the new legislation. Contact Attorney Randi L. Karmel today and learn how you can protect your family.

    Contact a New York City Family Law Attorney Today

    If you have a child or a young adult that qualifies for child support under the new law, it is important to know your rights. A family law attorney in New York City can advise you of your best interests and guide you through the crucial steps to take. At Randi L. Karmel, PLLC, our knowledgeable legal team is here to help. Contact us for a consultation to discuss your unique matrimonial or family law matters by clicking here or calling us at 212-755-0224. We currently serve all five boroughs.  
  • How is Alimony Calculated in New York?

    Divorces are expensive, emotionally exhausting, and can be overwhelming at times. With financial futures at risk, it is crucial to have an attorney protect your best interests. At Randi L. Karmel, PLLC, a spousal support, and maintenance attorney in New York can help secure the alimony you deserve. We have extensive experience handling sensitive financial matters. Call Attorney Randi L. Karmel today and schedule a consultation with a family law attorney to discuss your unique matrimonial or family law matters by clicking here or calling us at 212-755-0224. We serve clients in the Bronx, Brooklyn, Queens, Manhattan, and Staten Island.

    How Does a Spouse Qualify for Alimony in New York?

    Spousal support and maintenance in New York are gender-neutral. Either spouse may be granted support depending on certain qualifications. Alimony is not rewarded or withheld based on fault in a marriage. Instead, spousal support and maintenance are intended to prevent a financial hardship unfairly on one spouse after the dissolution of the marriage.  A New York City court will rely on specific criteria to decide the type, amount, and duration of support. Judges will consider the following:
    • How long did the marriage last?
    • Can the paying spouse support both the former spouse and their own financial well-being?
    • What is the supported spouse’s earning capacity? Are they employed?
    • Did the supported spouse care for the children throughout the union?
    • A detailed analysis of debts and assets acquired during the union
    • What has been the behavior and conducts of the spouses throughout the marriage and divorce proceedings?
    • Did the supported spouse work in or own a business operated by the paying spouse?
    If you are considering ending your union, you are not alone. According to the CDC, the divorce rate is 2.7 per 1,000 people in America. Call Randi L. Karmel, PLLC to discuss your case today.

    What Are the Types of Spousal Support in New York?

    In New York City, and alimony attorney can help you navigate the complexities and nuances of spousal support and maintenance. Alimony is divided into four types:
    • Temporary support involves a duration determined by the New York courts
    • Permanent support last indefinitely 
    • Rehabilitative support usually involves giving alimony to a spouse while they regain the means to support themselves financially
    • Restitution alimony takes into account the support given during the marriage and involves paying the other spouse back
    Every spousal support and maintenance case is different. Marriage is a unique union and deserves to have an attorney who will pay special attention to the details of your needs. 

    Contact a New York City Alimony Attorney Today

    The topic of spousal support and maintenance usually sparks intense emotional reactions on top of an arduous divorce process. Attorney Randi L. Karmel is a skilled alimony lawyer in New York City and the five boroughs. Having an experienced and financially savvy family law attorney by your side is vital to protecting your future after divorce.  At Randi L. Karmel, PLLC, we provide the aggressive representation you deserve. When you have questions about the kind of spousal support and maintenance you are entitled to, turn to Attorney Randi L. Karmel. Contact us for a consultation with one of our family law attorneys to discuss your unique matrimonial or family law matters by clicking here or calling us at 212-755-0224.
  • What Happens To A Couple’s Embryos After A Divorce?

    For decades, the fate of embryos after a couple ends their union has been contested. A deeply personal decision to become a parent or not has played out in the court system, with rulings and litigation tactics differing greatly across the nation. A family law attorney in New York City can help you take a proactive approach to embryo custody in the event of a divorce. If you and your spouse are thinking of creating embryos for future use or are concerned about the custody of the embryos you created, it is important to be well-informed. At Randi L. Karmel, PLLC, our experienced legal team understands the sensitive and emotional nature surrounding embryo custody. We can help you mitigate the risk should one spouse change their mind, or our divorce lawyers can help you protect your rights to your genetic material.

    Why Are Disputes Over Embryos So Complex?

    For more than 20 years, the courts have struggled with the issue of custody regarding genetic material. Several factors contribute to the complexity of the matter:
    • How should an embryo be categorized?
    Cases have categorized embryos differently, including:
    • Genetic material, but not a legal person with rights
    • The interim status between property and a person deserving of special consideration for the potential for life
    • While no court has upheld an embryo as a person, the theory has been argued many times
    Historically, the pattern of court rulings has found a way to prevent embryos from being used. Despite the purpose of creating the embryos, contracts, and a woman’s inability to reproduce by any other means, many courts have held an ex-spouse’s desire not to be a parent is more important. Recently, courts have used the following approaches, separately or in combination, to decide the fate of frozen embryos:
    • Contract Approach
    The most recent rulings favor upholding the contract signed before the embryos were formed. In a California case, Dr. Lee v. Findley, the couple signed documentation stating the embryos should be destroyed if they divorce. Dr. Lee was rendered infertile due to cancer treatments and created the embryos with Findley to have a biological child. California did not consider infertility and ruled the embryos be terminated. In an Illinois case, Szafranski v. Dunston, the court upheld that the oral agreement between the unmarried couple was enforceable. Custody of the frozen embryos was granted to Duston.
    • Balancing of Interests
    Colorado has set a new precedent for future embryo custody cases. In Rooks v. Rooks, initial rulings favored Drake Rooks’s desire to destroy the genetic material. However, the Colorado Supreme Court reversed the ruling, sending the case back to decide on the following guidelines:
    • What is the intended use of the embryos?
    • Is fertility an issue?
    • What were the reasons for creating the embryos?
    • Will the potential genetic parent suffer any emotional, logistical, or financial hardship if the embryos are used without their consent?
    • Did one spouse or the other use the pre-embryos as unfair leverage in a divorce?
    • Any other consideration pertaining to the parties’ circumstances
    • Contemporaneous mutual consent approach
    Upon seeking to remove the decision from government intrusion, some courts rule that no transfer, release, disposition, or use of pre-embryos can occur without the signed authorization of both donors. This approach effectively ensures the embryos will be destroyed if the parties disagree. Despite multiple contracts, the Massachusetts Supreme Court favored the ex-spouse who did not want to become a parent in A.Z. v. B.Z.

    How Can A New York Family Law Attorney Help?

    Couples who are thinking of freezing embryos should know there are significant consequences should they end their union. The mandatory destruction of embryos can be psychologically damaging, especially if they are the last chance of becoming a parent. Conversely, forcing a person to become a parent imposes an unwanted identity. A New York City family law attorney can help you explore the impact a divorce can have on the creation of embryos, as well as;
    • Recommend alternate solutions, including anonymous donation or freezing unfertilized eggs and sperm cells
    • Create an agreement that expresses subsequent action should fertility be at risk

    Contact A Family Law Attorney In New York City Today

    If you and your spouse are considering the formation of embryos or are concerned about the future of existing ones, consult a New York City family law attorney immediately. You deserve to be informed of all your options to safeguard your rights and reduce the risk of any negative, life-altering consequences. The compassionate legal team at Randi L. Karmel, PLLC, will fight aggressively to protect your best interests. Contact Attorney Randi Karmel today for a consultation to discuss your unique matrimonial or family law matters by clicking here or calling us at 212-755-0224.
  • How to Tell Your Children You Are Getting a Divorce

    Deciding that it’s time to file for divorce is never easy. The situation becomes even more stressful when children are involved. Figuring out how to tell your children that you are getting a divorce is never easy. However, it can be done and should be done with both parents present. It’s never a good idea for one parent to have this conversation with the children and not both at the same time. A New York City divorce attorney can help guide you through this difficult conversation.

    Schedule a Time for the Discussion

    Make sure that you and your spouse both have the right date and time scheduled on your calendars for this discussion. Leave plenty of time, in the end, to answer questions from your children and help them through their emotions. Do not rush through the discussion, which means it shouldn’t happen right before they leave for school, before you go to work, or before anyone has to leave the house for an errand, doctor’s appointment, or another event.

    Be Honest With Your Children

    Honesty is the best policy when it comes to telling children you are getting divorced. Do not sugarcoat what is happening or why. Explain to the children that it is best for you and their other parents to go their separate ways. Do not give your children the false hope that you might be able to save the marriage or wind up getting married again in the future.

    Answer Their Questions

    Children are naturally inquisitive. This will not suddenly disappear when they are told that their parents are getting divorced. Answer their questions the best that you can so they understand what to expect during the divorce. Some questions you might face include the following:
    • Will you live in a different house?
    • Will we still get to see grandmom and grandpop?
    • Will we celebrate holidays as a family?
    • Where will we live?
    • How will we get to school?
    • What do we tell our friends?
    • Was it our fault?
    • Do you still love us?
    • What can we do to fix this?

    Encourage Their Feelings and Emotions

    Make sure your children know and understand that it’s perfectly normal to feel sadness, anger, and frightened with the news of divorce. Be sure to encourage their feelings and emotions so they do not hold all of it in and release it at a later date. Let them know that it is normal to cry, scream, and be upset with what they were told. On the flip side of things, make sure they know that violent outbursts will not be tolerated.

    Seek Assistance from a New York Divorce Attorney

    Do you have questions about the divorce process in New York? If so, it’s time for you to speak with an experienced New York City divorce attorney from Randi L. Karmel, PLLC. Contact us for a consultation to discuss your unique matrimonial or family law matters by clicking here or calling us at 212-755-0224.
  • Preparing For Divorce In Nine Steps

    Divorces can be emotional drudgery, a gut-wrenching process, not to mention endless paperwork. Dividing assets, settling debts, and figuring out futures can seem like an infinite progression. Preparation is the key, and it especially helps when legal experts offer a nine-point checklist to follow. The Manhattan family law attorneys at Randi L. Karmel, PLLC have a wealth of experience advocating for their clients. They have the knowledge to handle complex property division cases. Whether it is developing pre-and post-nuptial agreements, separation, or divorces, they will be beside you all the way through.

    The Nine Steps

    The road to divorce can have many twists and turns, but when that road ends, it is important to know where you came from and where you are going. Here are nine ways, compiled by experts, to give you direction while going down the road to divorce.
    1. Find a responsible divorce attorney: A responsible attorney will typically recommend mediation over litigation possible. Also, some lawyers may refuse your case if you:
      • Cannot pay an attorney
      • Lie about your case
      • Do not have a strong enough case for litigation
    2. Gather financial information: Determine what you own and what you owe. Some assets are divided equitably (marital home, financial accounts, vehicles). Other assets may need more documentation to determine ownership (Belongings brought into the marriage, artwork, inheritances, pension plans). And as far as debt goes, it does not matter whose name is on it, it will be split based on who is financially able to pay.
    3. Determine all income: Document your and your spouse’s incomes, including tax returns.
    4. Have an after-divorce budget: Revise your expenses to determine your options for the divorce settlement.
    5. Establish your own credit: If nothing is in your name, establish some credit, maybe open a credit card in your name only. Use it carefully and do not run up debt.
    6. Protect financial accounts: It is better to be safe than sorry. Divorce can elicit angry responses. Open financial accounts in your name only, take half of the funds in your joint accounts, and deposit them in your new account.
    7. Close joint credit accounts: Again, be safe. Pay credit lines on time and stay away from negative credit reports, even if you pay the minimum.
    8. Do not move: If there is no abuse, stay in the marital home. You want to keep equal stakes in the house’s mortgage, and you do not want to impact the children’s schooling.
    9. Behave yourself: Use your best behavior. Do not date, party, or compromise your situation in any way that may be seen as questionable.

    When Should I Contact A Lawyer?

    Whether you have questions about your marriage, or you are going through a divorce, you can turn to the Manhattan family law attorneys at Randi L. Karmel, PLLC for help. With a thorough knowledge, extensive experience, and your best interests in mind, Attorney Randi Karmel can guide you through both matrimonial and divorce issues and help you decide the best way to move forward with your future. Contact us to discuss your unique matrimonial or family law matters by clicking here or calling us at 212-755-0224 (Manhattan).
  • Divorce During COVID

    Those seeking a divorce during the pandemic found it hard to file and, in most cases, nearly impossible. Now that the courts have been reopened, there is a backlog of cases, and it will take a little longer to file for divorce. Those looking to file a divorce will need to prepare to be patient. The divorce process can be challenging and there is no reason you should do this alone, especially during these times. When you need a Manhattan divorce attorney, contact Randi L. Karmel, PLLC.

    How Things Were?

    On March 13, 2020, New York City courts announced a delay/temporary suspension on all criminal and civil cases. Due to the court closures, many were forced to postpone their divorce until after the pandemic passed. The court was only operating in emergent cases. After nearly 3 months of closure, the courts resumed in-person operations on June 10, 2020. The courts began operating on an essential basis in June 2020 and all other matters were filed through the NYSCEF system by e-filing. When the courts reopened for filing and in-person matters, there was a decrease in the divorce papers filed. The first month of operations, the courts saw 1,265 divorce papers filed, which is about 50% less than they commonly see each month, says the state Office of Court Administration.

    How Things Are Going?

    More than a year later, on May 24, 2021, all judges and court workers across the state of New York returned to their assigned courthouses. We saw a decrease in filings during the court closures and through e-filing, however, as soon as the courts began to accept all cases (not just emergent) divorce filings increased 30% post-quarantine. If your case is not urgent or an emergency situation, you should expect a long wait due to the court backlog. The courts were closed for three months and all cases during that time were canceled and had to be rescheduled, combined with the influx of cases e-filed near the latter end of 2020, which means you should not be surprised if your case is not immediately settled. In some cases, courts have reported that it can take up to three years to finalize a divorce case. In general, New York City courts have 140,200 civil cases pending and over 49,000 criminal cases pending from 2020. It is important to get your case on the calendar as soon as possible to avoid an even longer wait.

    How We Can Help You?

    The New York Unified Court System has posted COVID-19 Divorce Resources on its website. This is a good place to check executive up-to-date court orders and restrictions. Even though the courts are now open, you can still file a case through their e-filing system and we, at Randi L. Karmel, PLLC can help you through the process. Divorce law can be complicated, strenuous, and now longer than before, which is why you meet with a Manhattan matrimonial and divorce attorney today. Contact us for a consultation to discuss your unique matrimonial or family law matters by clicking here or calling us at 212-755-0224.