The New Normal: What, If Anything, Can We Expect to be Different in the Judicial System?

By Attorney Felicia C. Hunt

Individuals are experiencing unprecedented challenges by not having court as a form of recourse for serious issues they are facing. Although the courthouse doors are open, the limitations on old procedures can leave families feeling that they do not options or the ability to move forward.

With a quick look at some of the changes and some of the services that are available, we at CCDG can help you see that there are paths to resolution.

Even as of the end of July, courthouses are continuing to open back up. However, the day-to-day business in the buildings is still limited to “priority one” matters, which include emergency matters, restraining orders, orders of temporary custody, domestic violence matters, arraignments involving domestic violence cases etc. The full list of priority one matters can be found on the judicial website. https://jud.ct.gov/COVID19.htm

Even though a divorce or custody matter may not qualify as a “priority one” business function, the court administration has continued to expand remote operations. For example, parties can:

• E-file agreements and request approval without court appearance. When these agreements are approved, they become court orders with the full force and effect of a court order issued after a hearing or trial.
• E-filed agreements apply to cases that are pending litigation (i.e. temporary orders entered prior to final divorce or final orders) as well as post-judgment matters (orders entered after divorce, such as on a motion for modification).
• Divorces can now be filed, processed and finalized remotely – from start to finish. There are new court forms on the judicial website to assist parties in preparing their agreements, both as to custody agreements and financial agreements.
• For parties who come to agreements quickly there are also waivers that can be completed to waive service of process and to waive the statutory waiting period – this can enable a couple to finalize their divorce swiftly.
• Many of the forms require notarization by a clerk, notary public or commissioner of the superior court. Although the clerk’s office is gradually becoming more available, the Executive Order permitting remote notarization has been extended through September 9, 2020, and offers the opportunity to complete all forms at home.
• Significantly, the court has recently started scheduling and holding virtual hearings. The virtual hearings are currently limited to matters that require one hour or less and have limited witness testimony and limited documentary evidence. This will create new opportunities for the court to address the many day-to-day struggles that families are facing that do not necessarily fit within the “priority one” list.

It is critical to know that progress CAN happen now, whether it is for a family that recently filed, that is hoping to file soon or that has new post judgment issues to be addressed. There are limitations with the court operations, and it does look different than it did a few months ago, but there are paths to resolve the cases and achieve final court orders. Therefore, the more cooperation that happens between the parties outside of court, otherwise known as collaboration, the more we at CCDG can do to finalize cases and bring families fully through their transitions.