Divorce Advice in the COVID Era/Martin Rosenfeld, JD

Posted on May 17, 2020

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There are many stories being written about how divorced couples have risen to the occasion to collaborate at this time of crisis. Challenging times sometimes does bring out the best in all of us. However, some issues that are not as pleasant, include the following:

1. Disputes about spending time with the children.
This is one time where it is better to be safe than sorry. The custodial parent will sometimes refuse a request from the co-parent to spend time with the children due to safety concerns. The best advice I have seen is that the request of the parent who is being more cautious about this issue should be observed. In-person visits may need to be replaced by Zoom or Facetime visits.It must be clearly stated that the decisions made are based solely on the best interests of the children.

2. Support may need to be modified if a parent is unemployed now or underemployed. Support is never an easy issue to negotiate but the current condition is indeed unique and added compassion to the ex’s plea may need to be effected.

3. This is not a time to strike back at the ex. Make all decisions hew to the facts and needs that are presented at this precarious time.

4. Courts are virtually shut in many states for non-emergency matters. This just might be the time to try mediation, even if it is done remotely. As always, the alternatives to mediation are not terribly constructive or useful. Mediate don’t litigate.

Most importantly, you need to take care of yourself, so you can care for others. Be well. Be safe.