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Divorce During COVID-19

Divorce may sound straightforward, but it’s not easy for a couple to decide to end their marriage. Both parties often spend a lot of time addressing problems before deciding to file a divorce, but sometimes they can’t fix those and decide that a divorce is the best. If this happens to your family, it can be hard to deal with. It hurts kids’ feelings when one parent decides to leave. Divorce occurs between the husband and wife.

Even though it affects the entire family, it doesn’t mean that the parent who leaves doesn’t care about the kids. It doesn’t change the truth that parents will always love their children. You can hire an attorney to represent yourself in court, but if there are any questions about spousal support, debts, property, or children, it’s best to hire an attorney.

Divorce During COVID-19: Should You Pursue it?

  • With strict restrictions and closures of public areas resulting from the pandemic, there are particular factors to consider if you want to file for a divorce during COVID. As of March 2020, local authorities advise judges and court staff to work remotely. One of its effects is the postponement of cases that require oral argument in a courtroom for two to four months. Fortunately, this will not affect 95% of separating couples who submit their paperwork after settling with a mediator or attorney. Family courts can still handle these kinds of cases.
  • By working remotely, many mediators and attorneys offer their services via video conferencing and teleconferences. Others might keep their offices open, depending on the restrictions or the severity of the pandemic in their area. If your case is held in a courtroom, be sure to check that their health and safety protocols are of the highest standards.

So, Should You Pursue the Divorce?

Often, the answer to this depends on your situation. Hopefully, this article will provide you with the information you need, as well as the best course of action to fit your family and financial situation. Face-to-face interactions and discussions aren’t allowed since they pose a threat to everyone.

Health Divorce Considerations During the COVID-19 Pandemic

  • Having a healthy immune system helps protect yourself against the threat of the current pandemic, but stress can significantly affect it. Divorce is one of the stressful events you can experience. It’s filled with financial pressures, shifting priorities, drastic changes, uncertainty, and conflict. It can leave you feeling lost. Add the pandemic to that, and you’ve got a more disturbing problem that can weaken your immune system at the time you need it the most.
  • It’s best to assess your situation and keep things as civil as possible between you and your spouse for the sake of your family and your well-being. You’ll be better off maintaining the status quo for now if your situation is relatively peaceful and comfortable. However, if the daily fights of feeling trapped, controlling, blaming, and hurting are getting harder to bear, filing a COVID-19 divorce can be the best means of reducing stress levels.
Divorce Terminologies You Should Know
Mediation Divorce mediation is the process that allows separating couples to visit a specially-trained, neutral third-party to discuss and address common divorce-related problems. It’s less stressful and cheaper than a trial. It’s also quicker. Because couples have the final say over their divorce, mediation also allows them to maintain control and power in their separation, unlike asking a judge to decide. It’ll enable couples to build their communication skills, even when a lack of one was the cause for their divorce. With the help of a professional, even the most communication-challenged couples can succeed in mediation.
No-Fault Divorce No-fault divorce is the process where the spouse asking for a legal separation doesn’t have to prove that the other party involved is at fault. To get a no-fault divorce, one should state the reason for the separation accepted by the state. It may be due to irreparable breakdown of the marriage, irreconcilable differences, or incompatibility. In most states, it’s acceptable to declare that the couple can’t get along; however, in other states, the couple should live apart for months or years before they can get a no-fault divorce.
Uncontested Uncontested divorces are a decree that neither party is fighting or arguing. If both parties agree to divorce, filing for an uncontested divorce can save money and time through streamlined court trials and procedures. Both parties involved should:

  • Not have financial disputes (like alimony or parenting time)
  • Both agree to divorce. If one person doesn’t show up for the trial, the court will see it as agreeing to the divorce.

 

Financial Considerations for Divorce During the Pandemic

Financial Considerations for Divorce During the Pandemic

Due to the pandemic, people have to adapt to many changes, including when filing for a legal separation or divorce.

  • Loss of Wealth as a Result of Coronavirus

      • Daily reports state that the pandemic has affected the stock market. You may be one of those who have experienced a considerable drop in the value of your assets, whether they’re market-based mutual funds or stocks. It’s only natural to question if you should put your COVID divorce on hold until the market returns to its stable condition. But as your assets are more likely to be divided equally, the crash will not be a reason for postponing your divorce. You’ll still have half of the stocks each, and when the market stabilizes, your stocks will increase in value.
  • Cost of Divorce

      • Divorce in COVID-19 can cost from $300 to $30,00, depending on the level of conflict involved and their complexity. With the pandemic forcing people to reevaluate their lives, it may also inspire you to reconsider your approach to your divorce and take a more collaborative approach. Mediation allows you to do that, and it’s cheaper than hiring an attorney.
  • Child Support

      • Loss of income by you or your spouse due to the pandemic will affect the amount of child support you’ll be paying. Your contribution should meet how much you can afford during these trying times.
  • Spousal Support

    • If one or both partners lose income due to the pandemic, you have to adjust and renegotiate the levels of spousal support to reflect the change of circumstances.

Pro Tip

“Before getting a divorce, you should at least try to change your spouse’s mind and fix the situation.”

– Company Owner

pro-tip-icon

Taking a more synergistic approach to your divorce will reduce stress levels as you and your partner will be working together to reach an agreement and not be at each other’s throats while trying to prove who’s at fault. In short, a mediated divorce can be the best way to separate for couples who can foresee economic challenges down the road due to the pandemic.

FAQs About Divorce During COVID-19

You can use this motion if you need to change your order. By filing this motion, you’re asking the court to change something in your final order. It would help if you showed that there has been a substantial change in circumstances since the last court order. You can’t file this motion just because you disagree with the order. You shouldn’t also file this motion too soon after the court releases the final order. If things have changed in your children’s lives, you can ask to modify the order based on those changes. Other samples you can change may include but not be limited to:

  • Spousal support
  • Visitation issues
  • Issues related to parenting time
  • Child support

“Emancipation” means that your child is no longer financially responsible for their parents. In other states, child support duties end when the child turns 20 or graduates from high school, whichever comes first. However, there are standpoints where they can become emancipated before that age. It can be due to a complete abandonment of the family home, achieving economic independence, joining the military, or marriage. It may indicate that the child is legally self-sufficient; hence, no longer entitled to support. Most emancipated children are considered adults in the eyes of the law.

Your separation agreement is a legally binding document made between parties in a marital relationship. It’s something that couples use to formally divide their debts, assets, and other marital responsibilities so that each side experiences a fair separation from the other. While a separation agreement is used when couples know they’re heading for a divorce, couples who want to separate for a while with the aim to reconcile can also use this. It may also include the division of assets and property, alimony, parenting time, and child support

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