Divorce Process Continues Despite COVID-19

By now you have seen several articles in the news about the backlog that Courts are facing due to the delays from COVID-19 Stay at Home Orders. Many articles stress that the pandemic has slowed the divorce process due to limited access to the Courts.

However, that is not entirely true. Welcome to the Collaborative Divorce Process. While this Process has been around since the 1990s and utilized by many Collaborative Divorce Practitioners worldwide prior to the pandemic, it has never been more relevant, helpful, and beneficial to families going through a major life transition.

The Collaborative Divorce Process allows spouses to resolve all issues related to their divorce while staying out-of-court. Each spouse will have their own Collaborative family law attorney with the option of involving additional team members such as a divorce coach (licensed mental health professional); financial neutral; child specialist; business valuator, and/or any other professionals who would be helpful for the family’s circumstances. The team holds as many meetings as necessary to work through the various aspects of a divorce settlement agreement (e..g custody, parenting time, child support, spousal support, property division). These meetings are now taking place via Zoom, which not only allows families to continue meeting safely during this pandemic, but it also provides more convenience by eliminating travel time to and from various offices.

Once the couple reaches a final resolution, the attorneys will guide the clients through the Court process and the Judge will sign off on all final paperwork. Even during the pandemic, when a couple has already settled prior to filing their court case, Judges tend to schedule a court date as soon as possible (within the time frames required by Michigan law). In addition, in certain counties, Judges have been more willing to proceed with Zoom or telephone hearings when couples have already settled because the hard work has already been completed. The Judge will only need to hear a few sworn statements from the couple and all final documents can be electronically filed, keeping the team safe and out-of-court during this pandemic. Not to mention, the Judges will appreciate the fact that the family has utilized an out-of-court option, helping them slowly eliminate their current backlog, so they are more likely to accommodate.

Important takeaway: You have options. The divorce process can continue out-of-court and families can do so with the support of a team. convenient meeting times, and moving at a pace that is most comfortable for the family with no court deadlines or backlog issues lingering over their heads.

If you’d like to find out more about your options and the Collaborative Divorce Process, please do not hesitate to reach out. (734) 531-8554; jessica@mifamilylawfirm.com

Co-Parenting During COVID-19 Crisis

Parents in Michigan and throughout the world have many questions about how to handle custody and parenting time issues during this global pandemic.  It’s normal to feel like stress is at an all-time high due to uncertain job conditions, school closures, physical distancing, concerns about health and wellness, and the list goes on.

A healthy and cooperative co-parenting relationship is crucial during these times.  Many parents are reaching out to their family law attorneys asking if “They are required to follow the existing parenting time order?” or “Can I reach an agreement with the other parent to modify the current parenting time order?”  or “What do we do if our children or the other parent might have COVID-19 or be at risk of exposure of COVID-19?”

Keep in mind that while many adults are scared and trying to approach this COVID-19 outbreak on a day-by-day basis, your children are also scared.  They are looking to their parents for love, support, and stability during an otherwise very uncertain time.  Putting your children first and continuous communication regarding their well-being will help your family get through this crisis. 

The Michigan State Court Administrator’s Office has produced an Advisory regarding Custody and Parenting Time during the COVID-19 Outbreak here:

https://courts.michigan.gov/Administration/SCAO/Resources/Documents/COVID-19/CustodyPT-FAQ.pdf

It is impossible for this Advisory to cover every single possibility/question and each family’s situation will be fact specific.  Use this document as a guideline and review the helpful links cited within the document. In addition, if you still have questions regarding your specific circumstances, do not hesitate to reach out to discuss options and creative ideas for handling your situation.  Throughout the month of April, I am offering complimentary, 30 minute phone and/or video consultations to help families through the unique circumstances of this COVID-19 crisis.  Please do not hesitate to reach out for support.  Together we can get through hard things. (734) 531-8554; jessica@mifamilylawfirm.com

Stay safe and healthy,
Jessica

Remote Mediation During COVID-19 Restrictions

Alternative Dispute Resolution (“ADR”), i.e. resolving issues out-of-court, has always been an important component of family law cases; however, during the COVID-19 shutdown and restrictions, it is now more important than ever.  Except for true emergencies, courthouses have suspended in-person hearings.  This leaves many families questioning how they will continue to manage their current family court case or questioning how to initiate the custody or divorce process if they have not already done so. 

Mediation is an out-of-court process where a neutral, third party (the mediator) facilitates a discussion between parties to resolve outstanding issues regarding custody, parenting time, child and spousal support, property settlement, and/or any other issues involved in your family law matters.   Prior to COVID-19, these mediation sessions took place at the mediator’s office, a private room at the courthouse, one of the attorney’s offices (if attorneys were involved), or another agreed upon location.  Perhaps one of the silver linings of this pandemic is highlighting other cost-effective, convenient means of conducting mediation, i.e. remote, video conferences.   

Videoconferencing platforms, such as Zoom, permit joint rooms and separate, “breakout rooms” to maintain privacy.  For security, the host can set up a unique password for the scheduled session and each participant is sent to a “waiting room” for the host to accept them into the session, to ensure random individuals are not granted access.

If you are unfamiliar with Zoom video conferencing, check out a tutorial here: https://www.youtube.com/watch?v=fMUxzrgZvZQ&t=124s

Families need support during this time of uncertainty.  Many family law attorneys and mediators are adapting to the fast pace changes that take place day-to-day during this global pandemic.  As a family law mediator, I am offering video conferencing for mediation sessions.  Whether couples would like to mediate the issues with or without attorneys, I have the ability to offer private, safe spaces to resolve conflict and de-escalate tension.   While many of us prefer the face-to-face sessions, we cannot put support for these families on hold.  I am doing everything in my power to help people feel comfortable with these updated processes.

If you or someone you know is struggling with how to move forward with their current case or would like to initiate a new process, please do not hesitate to reach out.  Mediation is not appropriate for all families or issues; however, it is worthwhile to explore this option specific to your own circumstances.  Please reach out at (734) 531-8554 or jessica@mifamilylawfirm.com.
Stay safe and healthy,

Jessica

Collaborative Divorce Process and COVID-19

Even prior to COVID-19 court closures, families chose the out-of-court, Collaborative Divorce Process to maintain control over decision-making and confidentiality of their divorce matters. This Process has always been client-centered and a more respectful, humane way to resolve conflict and de-escalate the natural tension that comes along with a major life transition like divorce. Most important during uncertain times like these, the couple will control the timeline of the Process and they do not need to depend on the court system.

From the outset, the Collaborative Divorce Process is geared toward settlement. Each spouse will retain their own collaboratively trained attorney (*note: an active collaboratively trained attorney in MI will have a “Member in Good Standing” Badge with the current year displayed on their website, letterhead, and/or in their e-mail signature lines). Then, the spouses and their attorneys will sign a Collaborative Participation Agreement (“CPA”) which outlines the Process guidelines and confirms the couple’s commitment to the Collaborative Divorce Process. Other team members may be added, as agreed upon, including a financial neutral; mental health professionals (aka divorce coaches); child specialist; business valuator, and any other helpful professionals for the family’s unique circumstances. The Team will hold as many settlement meetings as needed to generate options and reach a full and final, confidential, binding settlement agreement. In between Team settlement meetings, the couple may meet with their divorce coach re: the co-parenting relationship, parenting time plan, etc. and the financial neutral to gather any and all relevant financial data to create budgets and assets & liabilities spreadsheets. In the end, the family will have a tailored and long-lasting resolution, preventing the need for post-judgment issues.

With the COVID-19 outbreak, families can still proceed with the Collaborative Divorce Process and it can function effectively. Team meetings are held via videoconferencing. The team professionals can still meet frequently via phone and/or video conferences to discuss progress and next steps for the couple. Documents can continue to be shared electronically, as they were prior to COVID-19.

In the end, when a final settlement agreement is reached, the Team will help the couple navigate entry of all final documents through the court system (which may also be through Video conferencing depending on the length and severity of the COVID-19 outbreak). While the courthouse restrictions change on a daily basis, the Team will stay up-to-date and guide the clients to the finish line.

As a collaboratively trained attorney and family law mediator, my goal is to move families forward in a respectful and peaceful atmosphere by utilizing out-of-court, client-centered problem-solving methods. Please do not hesitate to reach out for direction related to your specific circumstances (734) 531-8554 or jessica@mifamilylawfirm.com.