Divorce is complicated, even in the best of times. But when outside forces like a pandemic or natural disaster come into play, the rules surrounding the typical legal process can change.
The COVID-19 virus has caused many courts to shut down and cases to be put on hold. You need to pay attention to your state's current coronavirus laws to know:
Note: Some courts in states with fewer reported cases of the virus are staying open at this time. You can see the status of various federal court orders on us.courts.gov.
This ultimately depends on the current rules in your city, county, or state. If there are no court closures, then your case will proceed as normal.
Many attorneys are keeping their law firms open but working from home at this time. So, it's important to check with your lawyer about modified hours or deadlines. Also, check whether you can still meet with your attorney through a video call.
During a stay-at-home order, many divorce hearings will be rescheduled for a future date.
Some states allow people to "appear" in court by telephone. This means you can call into your hearing rather than attend in person. Similarly, many mediators are holding telephone mediation, and attorneys are recommending virtual settlement conferences. For some people, this may be all they need to proceed with their divorce. For others, there are certain court proceedings (such as custody assessments) that will need to be completed in person and may, therefore, be put on hold.
Even if your divorce is rescheduled, your attorney may be able to keep working on your case from home while they are under stay-at-home orders or shelter-in-place orders.
If you are in a state where your divorce can move forward, you may want to consider postponing it yourself. Negotiations or mediation might be extra difficult while both spouses are stressed.
Things may also be delayed if your attorney or your spouse's attorney gets sick or cannot work as quickly from home.
If one parent is keeping the children full-time during self-isolation, it is possible the parent could get more child support for the time frame. Since the pandemic is full of unknowns, this type of decision may be on a case-by-case basis. Yet, all the details of your current child custody and support orders remain in effect until you ask for a modification.
If, for example, your spouse is exposed to COVID-19, but they don't agree to change your parenting plan, you may need to ask the court for an emergency order to keep your children with you. Whether a court will grant it depends on where you live and your unique circumstances.
If having your children with you longer than you are accustomed to changes your ability to work, childcare costs, income, or rent, then you may be able to get state relief or unemployment benefits.
The volatility in the stock market can make figuring out how much money you have to divide more complicated than it would have been before the pandemic. So can one or both parents' temporary job loss. It's vital that all of your property is valued appropriately.
If you are not already in the divorce process, you may want to wait to file until the pandemic is over. With court closures, added stress, and cases piling up, there may be a delay in getting your divorce through the courts.
If your case is already in process, then speak with your attorney to understand your options. If you have been trying a DIY divorce, now may be the time to contact a local divorce lawyer to understand what is happening in the courts near you.
Loss of consortium
Hi,
My father died and his estate is about to be split up. His wife of 3 years, not my mother, has an attorney and sent this to my attorney, this is her basically offer:
1/3 Attorneys fees
Attorney costs
One half remainder to wife
Other half to the estate
Deduct estate costs
Then split again: half to wife, half split among my 2 sisters and I
By the way, my father was killed by a drunk driver, my attorney and her attorney sued the bar that served the drunk driver.
I do not care or question the attorneys� fees, but I think she is getting a much better deal than my sisters and I.
However, my attorney is telling me to take this offer and not fight it. He stated that she will argue loss of consortium and my sisters and I will probably not win.
Is this sound advice??
Please, I haven�t a clue so any advice would be a huge help.
Can I have my dad declared incompetent?
My mom passed in 2004. My brother, living in their house, invited his girlfriend to move in. Because of his mental instability, he convinced my parents to remove my name as executor of their trust and put another girlfriend on as a new executor with power of attorney. The two women have been chummy and have been conspiring. Carol has been in dad's house 4 yrs, paying a small amount of rent, claiming to be part of the family in ''her'' home. My brother broke up with her two yrs. ago but couldn't make her leave. He died unexpectedly Dec. 16. I felt I could finally update the trust and return my name as executor, which my dad wanted to do. We went to the lawyer to start a new trust. Before we could get to the second appointment, the ladies (one now lives out of state) talked trash about me, convincing dad I wasn't to be trusted. It seems Carol has been flirting, being nice, trying to seduce him. Now because of his dementia, he thinks he'd like to marry her (he's 90, she's 58) and plans to make HER the executor next Wednesday. He's being exploited. I Must stop this ASAP. Please advise and HELP me! the daughter