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COVID-19

Divorcing During COVID-19

When your relationship is already strained, living under quarantine conditions can quickly shed light on a troubled marriage. Whether you’ve been contemplating divorce for a while or the stress of recent events has become the straw to break the camel’s back, so to speak, our attorneys can help you understand the divorce process and your options. During these unprecedented times, we are all taking a look at our lives and examining our relationships. Perhaps the tiny cracks in your relationship have turned into irreparable gaping holes. With a newfound outlook on how we see our futures, some couples may decide to part ways. If you’re among those wondering if you can file for divorce during the covid crisis, the answer is yes. While we do not know when the court will reopen to the public, the judges and court employees are continuing to work during this time period. Hearings on emergency matters, along with some uncontested matters, to the extent they are not handled administratively, are being handled telephonically. The court is further in the process of attempting to put procedures in place to hear contested matters through video conferencing to the extent possible. Below are some things you should know about the divorce process under any circumstances. Although Massachusetts recognizes both “fault” and “no-fault” divorces, most divorces are granted based upon “irretrievable breakdown” of the marriage (no-fault). Massachusetts Courts divide property equitably–not necessarily equally. This means property and assets will be distributed in a way that the Court believes

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Staying Safe and Saying NO to Domestic Abuse During COVID-19

Strict stay-at-home orders implemented for safety have placed abuse victims directly in harm’s way. Safety measures recommended to limit the spread of the coronavirus pandemic have led to a rise in domestic abuse. For many, this is not a surprise as domestic violence goes up whenever families spend more time together. With families in quarantine and isolation worldwide, stress-levels are at an all-time high. The uncertainty of the future can increase anxiety for many. Coupled with unemployment and financial stress, tension among households is sure to rise. With the children at home all day, empty refrigerators, low bank funds, and forced interactions, families everywhere are facing conflict, creating the perfect storm for abusers to intimidate and inflict harm on their victims. While conflict doesn’t always explode into violence, many living in isolation from their support network have nowhere to turn when violence erupts. As routines change and families are stuck in the confinement of their homes, reports of domestic violence are increasing nationwide. The Commonwealth of Massachusetts has very stringent laws in place to protect domestic violence victims. Such laws apply to people who: are or were married are or were living together are related by blood or marriage have children together, and are dating or have dated. When escape feels impossible under stay at home orders, victims should know they have a right to safety. Abusers may use COVID-19 as a way to exert control over their victims. Governments around the world have been encouraged to address domestic violence

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Co-parenting in the Face of Coronavirus

Amid the spread of COVID-19, we are all facing unprecedented times. As this pandemic continues, regulations regarding safe practices change daily. One thing on the mind of parents sharing custody is whether or not their court order is enforceable. Rest assured, custody, parenting plans, and placement are in effect and continue to be enforceable during this period of time. Court-ordered arrangements remain obligatory and should be followed accordingly. Any parent planning to use the pandemic as a reason to deny access to another parent can expect the courts to come down hard on parent agreement violations. Many judges view time of crisis to be particularly critical times for children to maintain some form of normality. In cases where parents are willing to work together, they should consider the following: which parent has better resources for the child to complete distance learning, if one parent has a high-risk job, the health of family members, social distancing rules, etc. In the unfortunate event that a parent is required to self-quarantine or is restricted from having contact with others, efforts should be made to allow for parenting time by video conference or telephone. A critical aspect of co-parenting that may be affected is where the exchange of children takes place. For some parents, the changeover occurs at school. However, if the school is no longer in session, a new location and time will need to be agreed upon. If the exchange is not possible from someone’s home, it’s suggested to find a public

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