What to Expect When Separating or Filing for Divorce During the COVID-19 Pandemic
The novel Coronavirus has presented the nation with very challenging times, and this is a particularly difficult time for those who were considering a legal separation or divorce before the start of the pandemic. The stress of the stay-at-home orders coupled with being forced to stay indoors with a difficult person can be challenging. Fortunately, those seeking a legal separation or divorce can continue to do so, but the process will not always be easy. Here, we provide a few important factors you should be aware of when considering a legal separation or divorce in the State of California during the global pandemic.
Court Hearings
As the state attempts to control the spread of COVID-19, many facilities have temporarily closed, and this includes many courts in the State of California. Many of these courts have also postponed all non-essential court hearings, and thereby significantly reduced their services. When filing for a legal separation or divorce, it is important that the case may be impacted. A courthouse that someone would ordinarily file in for a divorce action may be temporarily closed and the person may be required to file in a different courthouse. Further, people are encouraged to stay at home if feeling sick. Most courts have the option to appear at hearings by telephone. Though this presents new and challenging formats for hearings, the courts are moving forward with proceedings, with some delays.
Filing a Domestic Violence Restraining Order
As California family courts reduce their services, they continue to hear emergency situations. Some of these involve abusive situations, where the victim is in need of an emergency order of protection. Additionally, law enforcement and other emergency services also continue to operate. When experiencing domestic abuse, the authorities can be contacted. Further, the Family Courts are hearing Domestic Violence Restraining Orders and those are being heard in-person subject to CDC and the State of California guidelines.
Abiding by Child Custody Orders and Visitation Agreements
Parents should be aware of not using the global pandemic as an excuse to violate the parental rights of the other parent. When a court has ordered a child custody agreement, this should be followed as best as possible. A family court judge will not look kindly on those who have used the pandemic as an excuse to withhold the children from the other parent. The courts are very aware of the risk of interference with custody and visitation due to the pandemic and will remedy any violations of orders that are unjustified. Additionally, it is important to recognize that now more than ever, children are in need of a stable home. Nearly every child across the nation has significantly lost the structure, stability, and routine provided to them by a school system. When children are accustomed to a routine schedule at home, this should be maintained as best as possible.
Unfortunately, the global pandemic brings about emergency situations, and a parent can contract the disease. When a parent has fallen ill as a result of the disease, it is critical to seek legal support as soon as possible. Depending on the circumstances, a temporary visitation agreement may be needed.
Speak to a Knowledgeable Family Law Attorney
Even as the State of California has placed stay-at-home orders since late March, the situations regarding these guidelines are continuously changing. When filing for a legal separation or divorce in the State of California, the process can be prolonged as a result of the pandemic. Still, filing for a legal separation or divorce is possible and a knowledgeable attorney can provide the legal support needed.
The divorce law attorneys at the Knez Law Group understand that these are unprecedented times, and they work hard to streamline the divorce process. The Knez Law Group takes a strategic approach to every case, ensuring their clients rights and interests are upheld. Consider contacting the Knez Law Group today for a no-obligation consultation.
For over forty-three years, Fred Knez has been representing individuals and corporations in serious personal injury and business litigation, both as a plaintiff and defendant. Following his service in the Army during the Vietnam War as a medic and medical laboratory technician, Fred attended the University of Colorado. He then worked as an insurance adjuster for Allstate Insurance and as a private investigator before graduating from law school. Fred was admitted to practice law in California in 1980, the U.S. District Court in 1981, the Ninth Circuit U.S. Court of Appeals in 1983, and the U.S. Supreme Court in 1984. Learn more here.