Divorce and marriage separation during the coronavirus pandemic. Photo: MD Photography/ ShutterstockThe COVID-19 pandemic that has swept the U.S. since mid-March has made social distancing a dominant reality in people’s lives.
The prolonged closures implemented by governors across the country to stop the spread of the virus forced many couples to live in unprecedented close proximity. As partners and parents continue to negotiate a litany of evolving medical and social concepts affecting their health and safety, and often that of their children, many are calling family attorneys for help.
Family law cases are not public records, per se. The Philadelphia Family Court declined to comment if there have been increases in divorce petitions filed since mid-March. But midsized and small law firms in the Philadelphia area are reporting increased activity in their family law practices since mid-March, especially in matters related to financial support and custody modifications for ex-partners, and more recently, in clients inquiring about divorce.
“I am hearing that the lockdown is a major factor in the disputes arising to divorces. It has been a source of stress on any marriage, especially if spouses are both trying to work from home with small children,” said Cheryl Young, a partner at Hangley Aronchick in Norristown. Young concentrates her practice in matrimonial law, including divorce, custody, support, and property distribution.
And firm leaders say growth in these practice areas has helped to cushion other losses in litigation practices, slowed due to court closures, as well as delayed client payments during the pandemic.
Young said the firm has seen a lot of new family law clients since many people have emerged from their homes. (All Pennsylvania counties moved to the “green phase” of reopening on July 3.)
“There has definitely been an uptick in June in calls for divorce,” said Young. “You are not going to hire a divorce lawyer while you are locked down with your husband and kids.”
In mid-March there was a hold placed on the courts, and only emergency custody orders could be heard, Young noted, but different counties defined “emergency” differently. As of June 1, all of the custody hearings can proceed, now that family courts in Philadelphia, Montgomery, Delaware, Bucks and Chester counties are operating, though with some limitations, such as virtual support conferences and hearings.
“We had a lot of custody drama and a lot of tension in the household that came to light during the lockdowns,” Young said. “From couples that are divorced and already have joint custody, that are living in different states, or have very different views of safety procedures [related to COVID-19].”
Many have pointed to their partner’s or ex-partner’s risk for COVID-19 (such as those who are health care providers, grocery store workers, or working in transportation) as a reason to seek custody of children during the pandemic, and this custody may continue after the pandemic, explained Young.
Record levels of unemployment, and financial and emotional stress experienced by both men and women, have heightened the risk of conflict between partners, many family law practitioners say. (In May, Philadelphia’s unemployment rate was nearly 16%, and about 13% statewide, according to the U.S. Bureau of Labor Statistics.)
Carolyn Mirabile, a partner and chairwoman of the family law group at Weber Gallagher Simpson Stapleton Fires & Newby in King of Prussia, said that once the family court started opening in May, she has seen a significant increase in the scheduling of custody and support petitions as result of the pandemic-induced closures and safety concerns. She has also seen an increase in calls from potential clients inquiring about divorce, she said.
“Custody is one of the biggest issues, because camps and vacations have been canceled, kids are home all summer, and many parents are working from home. Also, many day cares are closed or may be deemed unsafe by the parents,” said Mirabile.
“Every school district has its own policies, and this will be a whole other argument come fall,” she said.
The longer various closures continue, the more cases that will be filed as a result, according to Mirabile, who concentrates on divorce, support, and custody matters.
“The increase in support modifications is a result of lost jobs or impacted income,” she noted.
Megan Watson, a partner specializing in family law at Berner Klaw & Watson, a boutique family law firm with seven lawyers based in Philadelphia, said the volume of cases she handles has not changed, but she has seen a number of custody cases specifically related to COVID-19, quarantine and contact issues since mid-March. And the firm has seen an increase in clients calling for divorce consultations since mid-May.
“I had a matter where one parent’s partner is a first responder, and the other parent sought to limit the child’s time in the household, and restrict contact with the child due to safety concerns related to COVID,” said Watson.
COVID-19 has rapidly plunged many into social, economic, and mental crisis, due to its unique characteristics of quarantine, isolation, lost or decreased wages, and the sporadic unavailability of food products and essential supplies. All of it has been compounded by the fear of contracting and spreading the virus.
Heather Goldner Kinsey, both a therapist and former family law attorney with offices in Philadelphia and Southampton, said, “I have had an increase in inquiries for couples therapy, particularly urgent calls regarding potential divorce. Also, people want to meet about co-parenting.”
“There has been significant conflict between ex-partners over how to keep families safe, what does ‘stay at home’ mean, what does the ‘green’ [phase of reopening] mean, and what to do if one partner tests positive,” Kinsey said.
Her practice specializes in clinical issues associated with divorce and separation, co-parenting, and children’s adjustment to divorce and custody arrangements.
Kinsey said she has been using guidance published by the Association of Family and Conciliation Courts related to COVID-19 as resource for her clients.
“The emotional and financial stress of coping with COVID magnifies existing problems, [as does] a lack of communication, as well as being around one another so much during the closures, for couples that are still together,” said Kinsey, who has several court-appointed cases.
“I have noticed that people have increased their view of children as property, arguing over them during our sessions. It has become transactional parenting,” she said.
As a therapist, Kinsey is earning about 30% more than she was during pre-pandemic times, now treating clients via telehealth, she said.
Domestic Violence
Some family law practitioners have witnessed reports of intimate partner violence during the pandemic.
“I not only have heard reports, I have had cases with respect to domestic violence. It is a very serious situation,” Mirabile said.
“There are many resources for victims of domestic violence, and I know the court, television and attorneys through social media have tried to inform the public that resources are available during the pandemic,” she added.
Kathleen O’Malley, managing attorney at Women Against Abuse Legal Center in Philadelphia, said “a significant number of clients that have come to us since mid-March are facing issues related to the closures and safety precautions surrounding COVID-19.”
The center serves more than 3,000 clients a year.
“We are seeing a different level of safety planning because people are closed in with their abuser. For example, some callers need to end calls abruptly when their abuser enters the room,” she said.
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