Going through a divorce or a custody dispute is often considered one of the hardest life events a person will face. Many couples, once they have decided they cannot save the marriage or co-parent, prefer to get the process over with as quickly as possible so that they can move forward with their lives. Here are some considerations for the status of divorce and dissolution cases, as well as parenting issues, as they’re affected by the pandemic.

Status of Divorce/Dissolution Cases

Unfortunately, the COVID-19 pandemic has impacted the ability of the courts to safely operate as normal, due to the presence of the public in the courthouse. Most, if not all common pleas courts have issued orders that impact the procedural nature of domestic cases. Many courts have limited hours of operation, are having pretrials by telephone and are rescheduling hearings that are not absolutely necessary.

Parenting classes, which may be required before a divorce or dissolution (with children) can be granted, have also been postponed.

For hearings permitted to move forward during the pandemic, many courts are limiting appearances to only the parties, their counsel and witnesses under subpoena.

All of these steps, that are necessary to “flatten the curve”, can result in delays in divorce and dissolution proceedings.

Despite some delays, it is important to remember that divorces and dissolutions can still be filed at this time to at least begin the divorce process. Some courts are holding temporary hearings and mediations by telephone, in addition to pretrials and status conferences.

The initial written discovery process may continue while the courts are closed.

If a guardian ad litem is needed, he/she may be able to handle meetings telephonically or through Skype/Facetime, etc.

Status of Parenting Issues

COVID-19 has also had a significant impact on parenting plans and visitation. Many domestic courts have issued specific orders relative to their standard parenting time schedule.

There was no “standard order” relative to pandemics or emergency school closings prior to COVID-19. As such, many courts are urging parents to work together and accommodate each other’s situation as much as possible while keeping in mind the current parenting orders and guidelines.

In addition, many courts have suspended supervised visitations that were set to take place at specific centers (as opposed to supervised by family members). In lieu of supervised visitations, some courts have ordered that Facetime and/or telephone calls should take the place of face-to-face visits.

Other issues that may arise include how to handle social distancing between two households, particularly when one household includes a medical care provider. Some courts may order that the child remain in one household during the shelter-in-place order. The court may also order that the parenting time lost will made up at a separate time in the future.

It is important to note that most domestic courts are permitting emergency ex parte filings and domestic violence civil protection cases to proceed.

How to Proceed with Domestic Relations Issues During the Pandemic

While each situation and court differs, it’s important to understand the implications this pandemic has on your domestic relations issues. You should contact your attorney for any questions or counsel regarding your specific situation.

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Jacqueline
M. Johnston, a lawyer with Harrington, Hoppe & Mitchell, focuses on family law, civil litigation and criminal defense matters. She can be reached at (330) 744-1111 or at jjohnston@hhmlaw.com.