Has Covid-19 Changed the Way Couples Divorce?

Overview

This episode discusses the topical issue of navigating divorce during the time of COVID-19. The current coronavirus crisis has thrown a wrench in almost every ‘normal’ process of the way we are used to things happening. The court process and litigation are no different, but the courts and judicial process have done a great job of adjusting for the issues presented during this crisis. In this episode, Marcy discusses those potential issues as well as possible solutions for you to consider to keep your divorce process running smoothly during this pandemic. She also covers many important points to consider regarding child custody arrangements and how to best ensure your children’s safety when joint custody is involved.

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Has Covid-19 Changed The Way Couples Divorce?

we’re going to address the global pandemic of the coronavirus and how to deal with the challenges it creates for your divorce.

The first thing I want to mention is that the domestic violence rate is on the rise globally. So because of the massive number of people that are staying home right now, some of whom are trapped with their abusive partners, the first thing I want to share is the National Domestic Violence Hotline 1-800-799-SAFE (7233). You can also get help at https://www.thehotline.org But if you think your internet use is being monitored, you should call rather than interact with the hotline electronically. They can help you create a safety plan and help you get local help in your area.

So ever since China was rocked by COVID-19, the divorce rate there has skyrocketed. When you’re on lockdown in the house with your spouse, some couples may get stronger from this, but others may just find that it’s absolutely the final straw. So the first thing we’re going to talk about is how can we keep kids safe during the time of COVID. Co-parenting is hard when there isn’t a global pandemic, but it’s even worse when we have a global pandemic that causes a completely new set of challenges. The first thing you have to do obviously is follow your governor state specific stay at home orders. The state’s stay at home orders in many places do specifically provide that transportation between households is allowed in order to implement the provisions of a valid custody order. So that’s really good because you’re not going to get fined if you take your kids from one house to the other. But a bigger challenge is how are you going to decide whether the kids should be going back and forth in the first place. And what I would say about that is that now is the time for common sense and flexibility.

How are we going to deal with this situation?

I’d like to share a little about my own personal experience on this. My former spouse is married to a nurse anesthetist who works at the level one trauma center near our house. Normally she provides anesthesia to patients who are going through surgery, but now she’s dealing with treating COVID patients every day. I’m very grateful to her for her contribution to treating the patients but I’m extremely concerned about my kids being at a much greater risk because of her role in being on the front lines. So it posed a very important question for us as parents: How are we going to deal with this situation?

After much discussion, we decided to handle it by agreeing that she would follow specific procedures when she got home from work so that she could make sure that she was keeping the children as safe as possible. For example, undressing in the garage and taking precautions to wipe everything down before she even came into the house and got cleaned up before interacting with the kids. We also agreed that if there’s any inkling of sickness at either household that the other parent is going to step in to help. So hopefully, we’re not going to face that, but if we do, we have a plan in place that’s going to help us make sure that our kids are safe and that they have reduced exposure to the virus. So that is what has worked for us and what may work for others will definitely differ based on your circumstances.

Another thing I’ve seen other couples do is they are having one parent keep the kids the whole time right now. The other parent who may be working on the front lines as a first responder or a physician or a nurse, is going to have the opportunity to have makeup parenting time after this crisis is over. So if you don’t have a spouse who’s on the front lines, they may be your ex spouse, or they may be dating someone who’s exposing your kids in a different way…or perhaps you just can’t agree on the social distancing measures that are really important to follow beyond what the governors are telling you to do. So your state’s governor may be telling you to stay at home, but they’re not really setting forth any ground rules for how you should be dealing with the virus.

What I recommend is that you think about creating a common set of COVID ground rules for your family.

– So how are you guys going to do the grocery shopping?
– Are you going to order takeout?
– Are you going to only cook at home?
– Once you get groceries to the house… how are you getting those groceries inside safely?

There are so many different recommendations about how to wipe things down and how to make it safe before you bring these things into your house. If you can agree on a common practice that you can follow at both households, it will maintain consistency for the kids and minimize their exposure to the virus. Depending on the kids ages, you can involve them in age appropriate activities that are in support of the ground rules. Just to give you an example, when we brought the groceries in the house last week, we backed the car into the driveway and unloaded everything one by one, wiped it all down. I was able to create an assembly line with the kids in order to bring the clean items into the house. We turned on some music and even though it was surreal, it was also sort of fun. My son remarked that Hey, Mom, we should take a picture of this because I want to be able to show my kids. They’ll never believe that we had to bring groceries in the house like this. And I definitely hope he’s right and I hope that bringing groceries into the house is going to be a distant memory soon in terms of having to wipe it all down every time…but if you can follow consistent procedures at both houses, that is going to be something that is really going to help the kids feel safe and secure during this time and reduce their exposure to the virus as well.

Many of my clients are also asking how is COVID going to impact my divorce process?

So let’s say you’re already underway in your divorce process, what’s going to happen now? If you have a traditional divorce that’s pending in a traditional court, your hearing dates and other milestones are probably going to be delayed.

I have seen some courts, including those in Oakland County where I live here in Michigan, they’ve really been doing a great job to innovatively incorporate Zoom and other video technology methods to keep some of their hearings moving forward remotely. But I think it’s going to take some time before the family courts across the country are able to implement the technology that’s really needed to operate remotely on a consistent basis.

So if you are going through a traditional litigated divorce, the proceedings may be delayed – and this brings me to something else that you’re going to see I love talking about on this podcast, which is the benefit of an alternative method of divorce. So if, for example, you have chosen to go through the divorce process, either by mediation or arbitration or through the collaborative divorce process, those processes continue to take place as planned, and are not dependent on the court schedules that I just mentioned.

Another benefit of choosing an alternative forum for getting divorced is that you can continue to keep the process moving forward at your own pace.

Now, no matter which divorce method you have chosen, if you’re in the middle of settlement negotiations, there’s no question that patience is going to be required. This may be a time when your businesses may need to be re-evaluated or the financial terms of your settlement are going to need to be adjusted because the financial crisis has caused changes in values to your portfolio, or the value of your home has changed or your spouse’s income has changed. So no matter what you’re facing in terms of a current settlement negotiation, it’s possible that there could be some delay because some of the assets will have to be revalued before they can be divided.

Another important thing to think about here is if you have an emergency in a family law matter, the courts are still generally open to hear emergency motions.

So it can be done in an expedited way, on an emergency basis. If you do have an emergency, don’t worry, just reach out to your counsel and they should be able to help you obtain the emergency relief that you need.

Another thing to think about during this time is what are some practical steps you could take at this time? You may want to think about using the extra time that you have on your hands to gather updated financial information. For example, one of the things that you probably did at the beginning of the divorce process was to create a budget for what you we’re going to be able to have for income and what you were going to be able to spend after the divorce…it’s likely that you’re going to have to make adjustments to that budget that you envisioned based on possible loss of job, changes in income, or an investment portfolio change.

How your budget is going to look different.

One thing to be thinking about right now, if you do have extra time because you’re having to stay at home, is to think about how your budget is going to look different. What adjustments to it do I need to make as I go through this process to really protect myself in the future? Another thing that many clients are asking about is the financial impact of this virus on divorce. So we mentioned negotiating the financial settlement is going to be an added challenge because this is definitely a situation where everybody’s resources are changing. The values of your accounts are changing, the value of your home is changing. And now, more than ever, you will need to seek the advice of a certified divorce financial planner or a tax advisor. There may be some portfolio balancing opportunities for you or some tax planning strategies that can really help you deal with the impact of the virus and its impact on your finances. The new federal Cares Act has a Payroll Protection Program that could benefit you if you own a small business as it provides some ability for you to continue to pay yourself as well as your employees which could help to stabilize your income and the income of those who work for you. This particular act also allows for penalty-free withdrawals from your retirement accounts as well as other benefits that are going to help you soften the blow of this financial crisis. So make sure that you understand how this new law can help your family’s financial circumstances, and now is the time to consult with your financial expert to help you with understanding what the Cares Act provides and how it may impact you and help you if you’ve lost your job or been laid off. You may need to seek relief from your child support or spousal support obligation. The recent changes to federal law under the cares act do not impact these obligations. So there’s nothing in them that would automatically require the order you have for child support or spousal support to be set aside or to be reduced. So you’re going to have to find a way to meet your obligations, or you’re going to have to ask the court to temporarily modify your child support and alimony orders. In many states, the date of modification will coincide with the date that you request the change. So you should contact your lawyer to find out what your best options are to fit your circumstances because the sooner you file for an adjustment, the better off you will be in terms of being able to continue to comply with your support order. If your plan for after divorce was to reenter the workforce, this may be an added challenge for you because obviously we’re dealing right now with record levels of unemployment. You could use this time to update your resume and to sharpen your skills. I’ve noticed that many colleges and universities are offering low or no cost classes online, and this may be a time for you to learn a new skill or deepen your expertise. That way once the economy reopens, you will maximize your ability to find a new job.

I’m committed to helping you.

Join us for our next episode, which will be about collaborative divorce. Until next time, be kind and be true to yourself.

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