FREQUENTLY ASKED QUESTIONS
Q: Is your office open?
A: We are open and working remotely in conformity with New York State’s “On Pause” executive order, and available by email, telephone and video conference. Please email Jeff Kaplan at jkaplan@kaplanlawny.com or call at (212) 601-9278.
Q: Are courts open?
A: New York state courts are open but handling only essential matters and are not accepting filings for any matters deemed non-essential. On April 13, 2020, the courts are scheduled to begin processing non-essential matters, including matrimonial and civil lawsuits. Courts will not be accepting new matters until a future date.
Q: What can I do if I want a divorce? What do I do if my spouse wants a divorce?
A: Please call us to discuss your options. While courts have temporarily prohibited the filing of new matters which are not deemed essential, there are important steps we can take before a divorce action is filed to help protect your assets and child custody rights.
Q: Should I wait until the pandemic is over before ending my marriage?
A: Ending a marriage is a deeply personal choice requiring a comprehensive evaluation of many factors. The legal team at J. Kaplan & Associates, PLLC are here to help you consider and evaluate all the practical considerations and factors in making that determination and in formulating the best plan to move forward with a divorce. One major factor why it might make sense to end a marriage now is that the value of marital assets is generally determined as of the date of filing of the divorce action. Call us to discuss these and many other factors which must be considered in connection with COVID-19 related changes to the valuation of marital property.
Q: Can I or my ex-spouse change an existing divorce agreement because of COVID-19?
A: If you have an existing divorce agreement or order that needs to be changed because of COVID-19 or other significant, unanticipated changes in your life circumstances, email or call us to discuss your options. We will fight to get you the relief you need. If another person is not following their obligations under an existing order or agreement, we are ready to aggressively enforce your rights.
Q. What if one parent is withholding access to the child(ren) and claiming a Covid-19 based reason as a justification?
A. Generally, courts are addressing certain Covid-19 based access claims which are deemed “Essential Matters” on a case by case basis depending upon the specific facts of each individual situation. Please call our office to discuss the specific facts of your situation to determine whether court intervention is necessary and appropriate, and the best way to proceed.
To discuss these issues or any others, please email Jeff Kaplan at jkaplan@kaplanlawny.com or call at (212) 601-9278.