How Covid 19 Affects Family Court Cases in Connecticut

FOR IMMEDIATE RELEASE

April 8, 2020

 

CCDG Divorce Attorney Robert Fried Explains the Current Situation

HARTFORD, Conn; April 8, 2020 – In response to current pandemic situation, the State of Connecticut has closed all but 10 courthouses and limited the matters to be heard, including family court proceedings, to urgent concerns such as restraining orders and ex parte matters. Other motions will not be heard.

As a result, many divorce cases are on hold. But what exactly does that mean for people who have pending divorces? What are the options for people who are ready to file? And what can be done about existing parenting plans if they no longer work during the pandemic situation?

Attorney Robert Fried with the Connecticut Collaborative Divorce Group (CCDG), a Hartford-based group of professionals that aims to keep divorcing couples and their children out of court using a team approach to family conflict resolution called Collaborative Divorce, shares answers to help clarify information about the current state of divorce in Connecticut.

Question: Please share how the Connecticut Courts are affected by the Covid 19 Pandemic. What does this mean for those seeking or in the middle of divorce proceedings?

Attorney Robert Fried: Connecticut has closed its courthouse doors to all but emergency business until, at the earliest, the last week in April. For those who had divorce or other family-related cases commence before December 15, 2015, there is no access to the Courts until the restrictions have ended.
With the advent of electronic filing, new divorces can be commenced. Once they have been started, they face the same restrictions as older cases — short of an emergency, there are no court hearings. This effectively creates an uneasy limbo status where the Court is not available to resolve issues

However, the State has cooperated with various legal documents by allowing attorney to take their client’s sworn oath “remotely.” This is a new concept in Connecticut, and it allows attorneys to continue their work.

Question: Is there another opportunity to move forward with a divorce now?

Attorney Robert Fried: Collaborative Divorce, an alternative dispute resolution process, with professionals trained to assist and promote communications and settlement outside the court process, becomes an even more attractive option. Divorcing parties can meet remotely with individual team members (attorney, behavioral health specialist or financial specialist) as well as the entire team together and work toward a comprehensive resolution of all issues and have it reduced to a written document signed by the parties. Parenting problems can be resolved in negotiations. Families in crisis financially can discuss and resolve those issues by working collaboratively.

Knowing the divorce issues are resolved can remove much of the stress and tension associated with the divorce process. Knowing how much money each party will have has been resolved. The children know what their lives will look like after the divorce, where they will live, go to school, etc.

Although they will still have to wait to finalize the divorce in a courtroom, the war is over; everyone can move on. Today’s crisis highlights the benefits of a Collaborative Divorce because there are no judges to resolve issues – and collaborative attorneys have gone digital through the process of video conferencing enabling divorcing parties to be heard by each other and work through the process by negotiation, not litigation.

Question: Can one still file a motion in pending divorces?

Attorney Robert Fried: Unfortunately, this is a moving target. A new divorce case can be started using e-filing. Once that is done, motions can be e-filed. However, there is no means to get before a judge to have motions acted on (with exceptions for certain types of emergencies). In cases that require a court clerk to take a document and file it manually (family cases originally started prior to Dec. 15, 2015), that simply isn’t going to happen until the Courts reopen and get back to normal operations.

Question: How can this situation affect child support? What do you recommend?  

Attorney Robert Fried: In cases already started, any orders of child support continue. If there are no child support orders in place, there is no place to go – except alternative dispute methods, such as the Collaborative process

Question: What about co-parenting/time spent with one or both parents? Is there a recommended way to share custody (or not) keeping with CDC guidelines?  

Attorney Robert Fried: This is a tough question and there are no good answers. We need to get COVID-19 under control as soon as possible and the various recommendations put out by CDC and some local governments should be followed to accomplish this. There is no doubt of the strong impact on the children of divorcing or already divorced couples – but increasing the risk of infection can have fatal results. There is a balancing act necessary to allow the children access to each parent and, at the same time consider the best interests, and safety, of the children. There is no one best way to get through this time.  Parents can develop the best plans for their unique family situation by using common sense, working cooperatively and putting the children’s needs first.

Question: What are your options now if you’re sure you want a divorce?

Attorney Robert Fried: You can retain attorneys and commence the divorce by e-filing – and then you are in limbo. OR you can retain collaborative attorneys and start the process by video conferencing. You can start the process of rebuilding your lives and the lives of your children now. And you can do it in a way that is not adversarial and that keeps the children’s best interests as the first consideration.

To learn more about the Collaborative Divorce process, visit www.ctcollaborativedivorce.com. CCDG members are available for in-person and telephone interviews.

About CCDG: Connecticut Collaborative Divorce Group is a group of experienced divorce professionals, including divorce and family lawyers, financial and mental health professionals who have been specifically trained in the collaborative process. Each member of the group has made a commitment to the goals of collaborative practice in order to help people achieve fair and lasting settlements without using the court or even the threat of court. Additionally, each member attends regular meetings and training sessions designed to develop and enhance their Collaborative Divorce skills. For more information visit: www.ctcollabrorativedivorce.com