Will You Be Granted a Divorce in California During COVID-19 Shelter in Place Directives?
Posted on: June 9, 2020
There is a lot of confusing and competing information out there regarding COVID-19 generally, and specifically when it applies to family law. In order to be in compliance with “shelter-in-place” directives, courts have been working to hold hearings remotely. It is common for people who are in the middle of getting divorced, or who have decided to pursue a divorce, to not be sure how COVID-19 affects their options.
If you are in this situation, your best option is to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. We can answer your specific questions as they pertain to your case. In the meantime, you can also learn some general information by reading this blog.
There Are Alternatives to Going to Court for Your Divorce
Some divorces are complicated and require the help of a court to intervene and settle the issues involved. However, most can be taken care of without having a judge decide anything. It is often the case that divorce mediation is the better option. It takes less time, is less formal, and is more effective at getting both parties on the same page than going to court. It can be conducted remotely for maximum safety.
Thinking about Delaying Your Divorce? There Could be Consequences
Some people are understandably choosing to delay their divorce. Keep in mind that there are delays in courts around the state. While this might seem like a reason to wait until it clears up, remember that these delays are likely to just get longer and longer. You can trust that your divorce attorney can get the documentation and motions in play so that your case can move through the system, no matter how slowly.
There are other issues that could come up if you delay. Remember that we are a community property state, which means that all property acquired during the marriage will be divided equally. This includes debt. If your spouse incurs debt between now and the time you file, you will be responsible for paying half of it. The date of separation is the date courts use to determine when community property and debt are then solely owned.
COVID-19 Could Impact California Summary Dissolution Divorces as Well
For couples who meet certain conditions, a streamlined divorce process is available. Known as a summary dissolution, there is very little court involved, which means that COVID has a lesser impact on this type of divorce than it does on others. To qualify, you and your spouse cannot have been married for five or more years, you must not own real estate, and you must have no children. You must also agree to all matters involved in the divorce.
Whatever your situation is, one thing is true: The best way to find out what your options are is to contact an experienced family law attorney. You can do that by calling Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation at your convenience.
