December 17, 2020

Divorce is always stressful and divorcing during a global pandemic can be even more difficult. If you are considering filing for divorce during the COVID-19 pandemic, there are extra variables to consider than if you are filing at a calmer time. Your attorney is there to help you navigate filing for divorce, even during a pandemic.

Is Your Marriage the Problem, or is it COVID-19?

Filing for divorce during COVID-19 may not be the right move. First, it is essential to state that the pandemic should not be an excuse for staying in any sort of abusive situation. It is possible to file for divorce during a pandemic, even though working situations may be different. Having said that, however, it is important for couples who are struggling to try and separate their feelings of unease, unhappiness, and being trapped from what is being caused by the pandemic and the subsequent impact on their lives from their marriage. Start by speaking with a counselor, even if it’s virtual right now. Filing for divorce is a big step. With the world feeling upside down right now, it’s worth taking a good look at what is causing any issues you may be experiencing.

Filing for Divorce May Take Longer in the Courts

The courts are opening again, but there is a backlog of cases. It may take some time before the courts are operating as they were before the pandemic. Judges are prioritizing emergency issues with cases involving children and custody issues and cases involving abuse. If you suspect that you will need the courts to make decisions, it will not be a quick process. If you are not anticipating a high-conflict divorce, working with a mediator will help speed things up. Either way, start working with a lawyer as soon as possible so you are prepared.

Market-Based and Home Assets May be Harder to Value

Dividing your assets is a big piece of the divorce settlement, and things aren’t stable right now. Stock markets are choppy, house values are hard to estimate, and all of this can impact your divorce settlement. Usually, everything is valued as of the day you officially separate, but won’t be paid out until later, and with the market fluctuating so greatly, this can make a big difference. Speak with your attorney about how to handle the division of assets.

Work and Health Insurance Need to be Considered

The job market is also unstable. In divorce, the higher-earning spouse will make payments to the lower-earning spouse, and job loss can complicate the issue. Even if you lose your job, you will still be required to make support payments until the court agrees to lower them. If you are receiving payments, they can be cut back at any time due to changes in income. You may also want to include a COVID-19 clause in your separation agreement. This will make it clear what will happen if one spouse contracts the virus and can’t work. Along with income, health insurance will need to be considered. Most policies covered by your employer will not cover your ex-spouse, so you will need to make sure both spouses are able to obtain coverage. Your lawyer can help you navigate this process.

Your Kids May Be More Impacted

During COVID-19, school isn’t straightforward. Your kids may be in full-time in-person learning, hybrid schedule, distance learning, or homeschooling. Even your adult children may be home due to COVID-19. A full house with children home all day may impact your divorce if you need to move or downsize. If you have children who will be splitting time between you and your spouse, consider how visitation will work during the pandemic. There are many variables to custody during the pandemic. Speak with your attorney about all the possible issues you may run into while drafting a custody agreement during a pandemic.

Divorce during a pandemic is possible, although it may be more difficult. It’s worth speaking with an attorney. If you do decide that filing for divorce is necessary, a good attorney experienced in cases like yours can help you navigate all the potential pitfalls. If you’re struggling with how to go about filing for divorce, contact my office today.