How to proceed with a Divorce during the Coronavirus Shutdown

You were finally just about ready to make that appointment with a lawyer to discuss the possibility of a divorce from your spouse and then the world seemed to change overnight as COVID-19 (the coronavirus) took center stage on world news. For those spouses who have confirmed staying together is not an option because of the additional amount of time spent in closed quarters, now what? With law offices working remotely, courts reducing schedules, custody evaluators conducting teleconferences rather than in-home visits, is it still possible to even file for divorce? The answer is yes, but there are some important steps you may wish to consider first.

1. Consider when you ideally would like your divorce finalized. Keep in mind that most states have a “cooling off” period between the time a petition for dissolution is filed and served on the other party, and before the parties may even file the final decree of dissolution. In Arizona, that time period is 60 days. Accordingly, if you were expecting to have a divorce finalized before the end of the summer (if uncontested) or the end of the year (if contested), you may wish to at least start the process. In fact, this may be the perfect time to begin since a final decree, in Arizona, cannot occur during the first 60 days.
2. Use this time to mediate a resolution with your spouse. If you have been forced into self-quarantine with your spouse, or working remotely out of the same household, this may be an opportunity to try and sit down and talk about a settlement agreement. One of the difficult things in a divorce is often finding the time to sit down and attempt to amicably resolve issues with each other. Having the time now to talk about a potential resolution either between the two of you, or with the help of legal counsel and a mediator, may save time and money in finalizing a consent decree for dissolution of a marriage.
3. Determine other alternatives. If you are not quite ready to file for a divorce, consider discussing the possibility of a post-nuptial agreement that allows you and your spouse to stay married but otherwise addresses financial issues, division of assets, and spousal support in the event of a divorce. A post-nuptial agreement is a contract entered into by the parties in consideration of staying married, but also includes terms for the financial arrangements in the event one party ultimately files for a divorce or legal separation.
4. Talk with an experienced family law attorney. Do not let the fact that there is a pandemic stop you from obtaining competent legal advice about your situation. Most lawyers will still schedule consultations over the telephone to answer questions and give you recommendations for your particular situation.

Life may have changed overnight, but how you want to live the rest of your life is still something to consider.

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.