Divorce in the Time of Corona

With a virtual shut down in Illinois due to concerns over the spread of COVID 19, family law litigants are wondering if this will mean a standstill in their pending cases.  In response, and in order to allow some court access for family law cases, counties across the state are implementing procedures for telephonic emergency hearings, the entry of agreed orders through email and even remote prove ups, where parties can appear electronically to get divorced.  However, these options are not available to all parties in every county, and remote court access may not be the way to make forward progress in all cases.  This has parties involved in divorce cases asking:

“How can I move my case closer to finalization while the state is effectively shut down?”

What can I do?

The current environment has most people feeling a sense of anxiety and uncertainty.  For those embroiled in a divorce or parenting dispute, this is likely magnified tenfold.   

However, the global pandemic and resulting restrictions have actually created an opportunity for litigants and their attorneys to think outside of the box.  Since  lawyers are not as busy on trial, taking depositions, and preparing for hearings, there is time to sit back, take a breath, and reflect on what can be done preemptively so that your case is in the best possible position when “business as usual” resumes.

Now is the time to be proactive. 

Cook County has instituted an automatic 21 day deadline for responding to pleadings filed during the COVID 19 closure.  Therefore, if you prepare and file a petition for temporary relief, your opponent is immediately forced to respond. Hopefully, by the time the Court’s reopen, you will be in a position to resolve the issue promptly through a hearing.  

Come up with alternatives.

One great option for people who have certain types of disputes is videoconference mediation.  With in-person mediation coming to a screeching halt, mediators have the time and ability to commit to videoconferencing and this can be a great option to get through those last few issues stalling the entry of a parenting agreement.  Since Agreed Orders can be entered remotely, including final judgments, this will ensure that any agreements reached in mediation can entered in court and be enforced.