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Written by Canterbury Law Group

Can I Get Divorced During Coronavirus?

Can I Get Divorced During Coronavirus

The coronavirus pandemic has impacted every aspect of our daily lives.  And many people may be mystified about what to do when they are considering or in the middle of a pending divorce. Courts are adapting to the new circumstances; video and online conferencing is becoming extremely popular and people can still get divorced. Read on to learn more.

Researching Divorce Options

Let us have a look at some of the ways you can communicate with your soon to be former partner.

Pro Se / Self-Represented

This is where the parties agree everything among themselves and file all the needed paperwork individually. Usually this is only done in very simple situations such as marriages less than 5 years, marriages without children or marriages where no meaningful wealth was accumulated.

Private Mediation

When divorcing and mediating, a third party agreed between the two principal parties leads communication to reach an agreement for settlement. A party may choose to retain the services of an attorney for advice and documentation review to serve both as a mediator and counsel.  Mediation is far more peaceful and typically less expensive than conventional litigation for a divorce.

Collaborative Process

A team of trained professionals works for each individual spouse including two collaboratively trained attorneys, an independent financial advisor, communications coach, adult counselor, or child specialist/advocate (if required) meet as a unified team with the two parties to develop a settlement. It is agreed litigation will not take place even when a settlement cannot be obtained.  Collaborative divorce can usually be completed within 120 days at 50% less cost compared to conventional court house litigation dissolutions.

Traditional Attorney-to-Attorney

Where two attorneys work and structure out a settlement on behalf of the parties and often try to dissuade the two parties from communication during the process of divorce.

Determining the best course of actions for you is key and you can look online and also go through reviews at state organizations specializing in mediation. Reach out to a few divorce lawyers, discuss the circumstances, and go from there.

Your Professional Team

Normally each spouse retains an attorney who has family law experience. Expense is always a factor. Similar to a primary care doctor, it is vital to feel comfortable with your divorce attorney. You may also retain a financial professional with a background in divorce who can help with financial calculations as well as a coach or counselor for psychological aspects of the process.

Financial Information

It is important to gather all of your financial details together. This would include tax returns, wage slips, investment and bank accounts, pensions, retirement plans, real estate, and business interests as well as debts like student loans, car loans, mortgages, credit card debt and such like. Much of this can be assembled online. However assessing the values of assets can be fraught with contention, so information may have to be updated or changed during the process of negotiation.

Budget

While you are mainly homeward bound, now is a good time to create a budget for your post-Decree life. This will assist in comprehending how much money you need to live on as well as assessing what will be the requirements for spousal support and support of a child or children as part and parcel of the agreement. It may well be your spending priorities have changed currently, e.g. spending less on eating out and gasoline but more on groceries and home utilities. This will have to be updated over the passage of time, so it is a good reflection of your needs and lifestyle options in seeking a fair settlement from your spouse.

Living Arrangements

Your budget may necessitate changes to your living arrangements. Real estate sales are still ongoing and oddly values are continuing to go up, but housing values may also lose value during the Coronavirus pandemic. So, having the latest real estate pricing information is key whether you are buying out your spouse, you are both selling the house, or you are looking to buy a new residence post-Decree.

Parenting

Even amicable divorce can have issues coming to grips with a viable post-Decree parenting plan. Right now, that ay have to be arranged through video and phone meetings and where children are involved, privacy may be an issue. With everyone residing under one roof, finding time that is not disturbed with your kids can be a challenge.

Logistics

The two spouses will have to decide whether to go ahead with divorce proceedings during the current pandemic. Even video conferencing may not always be possible as more and more people are having to stay at home. Once in person meetings are permissible, you will have the option of a video conference, or everyone masked up, meeting in person. Some video conferences allow break-out rooms, permitting private conversations.

The Coronavirus may be part of our lives for some time to come. If you go ahead with a divorce, you will have to be patient as some things will have to be handled differently that in the past. But with the right support, you can move forward with your life.  Most cases can still be resolved in 6 to 12 months.

Source: Tighe, Janet, and Susan Miller. “7 Tips to Smoothly End Your Marriage in the Age of Coronavirus, Where Divorce Is Harder than Ever.” MarketWatch, MarketWatch, 29 May 2020, www.marketwatch.com/story/divorce-during-the-pandemic-is-harder-than-it-already-is-heres-what-you-need-to-know-2020-05-27.

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-240-0040 or [email protected]

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Written by Canterbury Law Group

Amicable Divorce Checklist

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Are you wondering how to get divorced amicably? The divorce process can seem overwhelming and complicated, but it doesn’t have to be. We’ve compiled a divorce checklist with the things you will need to think about for an amicable divorce.

If you follow this list of practical tasks it will help you to become an active and willing co-parent, manage your finances, and complete the right legal steps – leaving you to focus on building a positive future apart from each other into the next phase of your lives. Download the Amicable Divorce Checklist PDF

Decide on a beneficial parenting plan

  1. Decide on where the children will live.  Many parents split custody 50%/50% but each family is different.
  2. Devise a plan for when and how they will see each of you. Don’t forget to talk about special occasions: decide on arrangements for Christmas, birthdays and other holidays.
  3. Decide on who will pay for what, how the children’s lives will be financed (including school fees, sports, etc.).
  4. Decide out when and how other family members will see the children.
  5. Go over the rules for raising them and make sure you are both agree on them.

Outline your finances

  1. Decide on if you are selling or keeping the family home.
  2. If you are keeping the family home, figure who will live in it and who will move.
  3. Decide on how you will be paying for the homes to buy out the other party’s equity.
  4. If you are both listed on the mortgage, that will require a refinance or a complete sale of the property to release the other spouse’s credit score from being occupied by the house debt.
  5. Agree on how to divide your personal belongings – from the car to the coffee pot. If you cannot figure it out, buy a set of pink stickers and blue stickers—flip a coin for who gets the first pick, and then walk around the home together taking turns placing pink, and then blue stickers on the various items to identify who gets what.
  6. Find out what assets, investments and savings you have, and figure out how you will divide them.  If you must, include your financial advisor or other professionals to help you.
  7. Figure out what debts you have (overdrafts or credit card bills) and decide how to divide those too.
  8. Devise a plan for how to pay for any divorce fees incurred.  There are mandatory court filing costs of about $611 dollars—and if you are hiring lawyers, their fees can vary greatly.

Arrange and file the legal paperwork

  1. File your initial divorce petition.
  2. The other party must file a Response in writing within X days, and pay the responsive filing fee.
  3. After the cooling off period expires, mutually file a Consent Order if you want to make sure the agreements above are binding legally.  You must also include a Joint Parenting Plan if you have minor children in common.
  4. Decide if you’re going to make or modify your wills.

Think about who you need to inform on your divorce

  1. Inform all necessary organizations that your marital status has changed or is going to change. This is particularly true for beneficiary information on your life insurance or disability policies.   As a further example:
    • utility companies
    • tax office
    • credit card company
    • house insurance company
    • benefit office
    • banks
    • life insurance company
    • student loan companies
    • the mortgage lender
    • pension providers
    • your dentist
    • your eye doctor
    • any schools or other educational institutes

We hope you find this divorce checklist helpful.

Source

  1. “18 Point Checklist for an Amicable Divorce.” 18 Point Checklist for an Amicable Divorce – Blog, amicable.io/18-point-checklist-amicable-divorce/.

See Also

Divorce Checklist 

Divorce Consulation Checklist

Divorce Mediation Checklist

Need a Divorce Mediator or Collaborative Divorce Attorney in Scottsdale?

We have a network of Arizona mediators, attorneys, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our divorce mediators and collaborative divorce lawyers in Scottsdale are here to make your divorce less stressful and keep you in control and costs contained. Call today for an initial consultation at 480-240-0040 or [email protected]. Our family lawyers can also help with divorce litigation, child custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.