How to File for Divorce in California During COVID-19
Are you wanting a divorce in the midst of COVID-19? Though we ‘re all going through a difficult time, understanding how to file for divorce in California is a complicated factor on its own.
Read more for helpful tips.
Introduction
Divorce is stressful even at the best of times, much less in the middle of a crisis like COVID-19. But it’s also more common in the middle of a stressful situation. The pressures of isolation, emotional upset, and financial strain can be enough to cause an already strained marriage to completely break down for good.
If you’ve recently made the difficult decision to end your marriage, you may be wondering how the pandemic will affect your divorce process. While you do still currently have the option to file for divorce in California during COVID-19, how you file and how the process unfolds may be subject to change.
Here’s what you need to know.
Can I Still File for Divorce?
Maybe. But whether or not you are able to secure a court date in a timely manner is more difficult to define. Some courts remain in session, while others are temporarily closed. This may affect your ability to secure a court date. Check this link to get updates, or this link for an overview of recent closures.
Most County Clerk’s offices are also shuttered or have implemented additional measures to slow the spread of COVID-19. This includes Los Angeles. This may leave you unable to file for a divorce in person. Fortunately, many offices are accepting filings online or through the mail instead.
Some courts may make allowances for temporary emergency orders associated with divorce (e.g., orders of protection) where domestic violence or custody issues are concerned. If you believe this applies to you, contact a lawyer or reach out to your local County Clerk’s office by telephone for more information.
How to File From a Distance
You can still file for divorce without attending your local County Clerk’s office in person. To start proceedings, you must fill out form FL-100 and pay a small filing fee of $45. However, most offices do allow you to use the e-filing system to do this from a distance. The only problem is that you must still serve your ex-spouse with papers after you file – and that may be difficult to do in the midst of a pandemic.
Another option is to work with a lawyer and use a do-it-yourself divorce kit to process your separation. However, it should be noted that this is rarely wise in complicated divorce scenarios. Furthermore, you should always have input and guidance from a lawyer.
If you do decide to file from a distance, you can access printable forms and information on preparing for divorce at this link.
What About Existing Court Dates?
If you have already filed for a divorce and have a court date scheduled, know that it may be cancelled or rescheduled as court services are available. The courts will contact you and your ex-spouse separately to make further arrangements.
If you or your spouse is sick at the time of your court date, and the courts are open, you must contact the court as soon as possible to let them know. You should also contact your lawyer and ask them to request a continuance on your behalf. Rarely, the courts may allow you to attend via telephone instead.
The same is true if your child or anyone else in your household becomes sick. Even if the courts are open, few want people coming in when they may be positive for COVID-19. Call and let the courthouse know immediately. Then, reach out to your lawyer or call your ex-spouse directly (if it’s safe to do so) and ask them to allow for a continuance.
How to Connect With a Lawyer
However you decide to proceed, it is imperative that you and your spouse have legal help along the way. Normally, you would start this process by searching for a lawyer (we recommend a legal referral service) and having an in-person consultation. Some law firms and attorneys are now offering this initial consultation via telephone.
Once you hire a lawyer, communicating with them is as simple as reaching out by telephone, email, or text. Each office will offer their own unique methods for communicating during the pandemic – be sure to ask how they’re handling this aspect of service during your initial consultation.
Preparing for Divorce
Once you both have legal representation, it may be possible to start working out the details of your divorce even while separated. Mediation, financial disclosure, custody discussions, and even conversations about the separation of assets may be handled by telephone conferencing or via video calls if both of you feel comfortable with it.
If you do not get along, cannot agree, or otherwise cannot work together, even via telephone, it may be better to have your lawyers communicate on your behalf. This might mean leaving some of the more complicated aspects (such as non-emergent custody arrangements) until an in-person meeting is possible.
Should We Reconcile Instead?
There’s no easy way to answer this question in an article. The truth is that reconciliation must come from a place of honesty and willingness to work on the problems that led to divorce in order to succeed. Choosing to get back together again out of fear about COVID-19 may only serve to further fracture your relationship.
Still, if you are both reconsidering the divorce for any reason, you do have the option to seek counseling and/or guidance from home. You can access couples therapy and individual therapy on sites such as BetterHelp, OurRelationship, and other sources.
Another more reasonable option may be to temporarily put off your divorce while remaining separated until the courts are back in session. However, it should be noted that this may be unwise in situations where there is an element of risk to personal safety or concerns about the safety of children. You should also feel comfortable with communicating openly with your spouse if you proceed in this manner.
Final Thought
Divorce is stressful even at the best of times. If you are currently facing a separation during COVID-19, your best first step is to reach out to a lawyer who can help you navigate the process during these difficult times. A brighter future is right around the corner regardless of whether you choose to proceed or wait for the courts to reopen.
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