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The Effects of Coronavirus/COVID-19 on Divorce
Posted in Child Custody,Child Support,Divorce,Family Law on April 27, 2020
The coronavirus/COVID-19 pandemic has had far-reaching implications. It has affected most aspects of life…including marriage and divorce. Couples quarantining together have given rise to speculation of divorce rates increasing, while couples in the middle of divorces are wondering how the virus will affect their cases. Take a look at how the coronavirus has affected divorce for an idea of what to expect.
Is COVID-19 Leading to Higher Divorce Rates?
Several news reports from around the world have confirmed what many divorce lawyers have suspected: lockdowns, self-isolation and quarantine have strained marriages past the point of reconciliation for thousands of couples. One article from the New York Post quotes lawyers from NYC confirming an uptick in the number of divorce cases related to COVID-19, while another from Business Insider reports a spike in divorce cases filed in Xi’an, China upon the lift of its mandatory lockdown.
Divorce lawyers and relationship experts speculate that the rise in divorce petitions has a few different reasons. Couples that might normally have spent more time apart are now stuck with each other for weeks, leading to an increase in stress, frustration and fights. Co-parenting while the family is quarantined may also present new challenges or issues that parents may be unable to overcome. Some couples were already on the brink of divorce, only to have issues related to the coronavirus finally push them past the breaking point. Financial problems connected to job losses are also adding to marital stress and an increase in divorce rates.
How Has the Coronavirus Changed the Divorce Process?
On top of increasing the number of divorces, the coronavirus has also altered the legal process. Most courtrooms in Colorado have temporarily closed or significantly reduced the number of cases accepted, leading to longer wait times than usual for a couple to have a judge hear a divorce case. If your divorce requires a trial, you will most likely have to wait until your county lifts its social distancing requirements and the courts are back in regular session to complete your divorce case.
If you can work out a divorce settlement agreement with your spouse, however, it might be possible to get a divorce without going to court. Some courts have implemented technologies to allow couples to file documents electronically and attend court sessions via videoconferencing. Most divorce lawyers in Colorado are also offering telephone consultations, online document collection and e-signatures on legal documents to help initiate and/or complete divorce proceedings virtually. Many judges are ruling on petitions remotely to finalize them. Ask an attorney if it will be possible to file for divorce or continue a case you filed before COVID-19.
Can I Start Divorce Mediation Now?
The pandemic might have a significant impact on your divorce timeline depending on the circumstances. Many couples trying to divorce during the COVID-19 pandemic are receiving notices from their lawyers explaining that they will have to wait until the country lifts its social distancing regulations to file or continue a case. Others, however, are having good luck with telecommunications and virtual proceedings. Each case and county are unique. Call a lawyer in your county to find out if you and your spouse can start divorce mediation now.
How Will This Affect My Children?
The coronavirus might impact child custody by making it impossible or unsafe for co-parents to take turns with the kids according to their custody agreements. It might be necessary for you and your spouse to work out a temporary custody modification to accommodate social distancing or quarantine requirements. Make sure you do this with help from a lawyer rather than making a verbal agreement. The same is true if you need to modify a child support agreement. If you lost your job because of COVID-19 and can no longer pay child support, contact a lawyer to submit an official modification request. Working closely with a lawyer during this unprecedented and uncertain time can help you get trusted answers to your questions.