As courts remain impacted from the coronavirus, parties involved in divorce proceedings face new difficulties when it comes to litigating their cases. According to an article published in Forbes, on April 1, 2020, litigants still have options if they or their case is affected by the pandemic.
The article discusses six ways the pandemic can affect a divorce, and six possible solutions. The first way is that the pandemic can generally affect the natural procedure of a divorce action as a result of the court’s new restrictions. The temporary restrictions can affect how motions and petitions get filed, hearing and trial dates and case resolutions. Although courts have found a way to continue some proceedings through virtual court appearances, parties can still expect delays. If virtual court appearances are not feasible, parties can also look into Alternative Dispute Resolution (ADR) before mediators.
Coronavirus may also significantly impact finances, which in turn can affect how assets are divided in a divorce. There are a number of steps an individual can take to ensure the best possible settlement amidst the current market uncertainty. If stocks or mutual funds are affected, individuals should enlist the help of experts for guidance on selling or reinvesting their interests.
Related to financial trouble is job loss caused by the coronavirus pandemic. A spouse losing their job can significantly affect the divorce proceeding, by influencing support payments, insurance coverage and general negotiations. The best thing that parties can do in this situation is work together to minimize costs. If working together in an amicable way is not possible, the individual should contact their attorney to discuss if there are any court related options.
Many times during a divorce, the parties decide to sell the marital home. With the housing market now temporarily paused due to coronavirus, it is difficult to predict what housing prices will be once the pandemic is over. Parties should consult with their attorneys and their realtors if keeping the marital home makes the most sense for the time being, and whether refinancing is an option. If selling the house is the only viable option, parties should consider virtual tours or open houses to showcase their homes.
Probably the most significant way the pandemic can affect divorces is when it concerns the parties’ children. Due to coronavirus, children are now participating in virtual education, in lieu of going to schools. This can create a very large strain on an already existing parenting agreement, as it can influence normal schedules and routines. While parties should continue to follow any pre-existing arrangement and work out disagreements with each other, if that is not possible, parties should contact their attorneys to inquire about potential legal solutions.
Lastly, naturally in a pandemic, a large concern is family safety and health. Parties may be concerned that the other parent is not seriously complying with social distancing procedures. The best course is to openly communicate about health concerns and try to reach an agreement regarding self-quarantining methods. If this is not possible, parties should talk to their attorneys regarding possible legal action.
