Divorce in Orange County and COVID-19
The COVID-19 pandemic has equally affected every sector, and with the closure of Orange County Courts until at least March 30, 2020, your divorce in Orange County is likely to be affected. For domestic violence cases, all the pending hearings and restraining orders have all been extended for 25 more days.
The closure is in response to the public safety challenge resulting from coronavirus. However, the Orange County Superior Court will remain open in a limited capacity handling emergency matters. This includes emergency child custody requests and domestic violence restraining orders involving an imminent threat of injury or death of the child.
But how will COVID-19 affect your divorce in Orange County and how should you prepare yourself? Below are some scenarios you can get into and what you ought to do.
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You are quarantined while in the middle of divorce negotiations with your ex-spouse.
If you are in the process of divorce in Orange County but get the COVID-19, you can complete your paperwork with the help of your lawyer. Your attorney should also offer you video consultation that should keep negotiations with your ex going on.
If you are quarantined but can still telecommunicate then you can focus on your divorce in Orange County. However, with the uncertainties, this may not be the right time especially if you are looking to ‘buy out’ your spouse’s property because that option may not be available as of now. Besides, the property may have a drop in value.
Instead, this is a nice time to have a conversation about what is important. Some of the things to discuss include visitation, child custody, making adjustments in case one of your business is hit with coronavirus and how you can best protect the children.
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What happens to shared custody when you get coronavirus? Can you make up for lost visitation once you recover?
Legally, it’s the co-parenting agreement that will determine how you will proceed with the custody. However, if you think this will be a problem it’s best to talk to your ex about custody in case one of the parents contracts the virus. You can discuss about the lost visitation with your ex and come up with a solution.
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What if one kid gets Coronavirus?
You may have procedures in your co-parenting agreement that you plan to follow in case a child gets sick. However, while writing the agreement you did not anticipate the outbreak of coronavirus. It’s, therefore, essential to decide how you will handle this situation.
One way people dealing with divorce in Orange County can best quarantine an infected child is by keeping the kid away from other children. The sick child can stay with one parent while the other children live with the other parent. Always ensure there is no aging person or a person in a high-risk category living with the parent who decides to stay with the sick child to prevent spreading the disease.
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What if the other parent is not taking COVID-19 seriously in a way that could affect the kids’ health?
If you have proof that your ex-spouse has come into contact with a coronavirus patient or acts in a way that shows they are not keen about protecting themselves, then you have a right to protect your children. You can immediately talk to your lawyer and file for an emergency child custody request. This can give you full custody of your children to help keep them safe.
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How to handle co-parenting with school closure from coronavirus
With the closure of school from coronavirus, co-parenting should be handled according to the child custody agreement you had during your divorce in Orange County. In most agreements, such school closure will be viewed as a holiday or a time when a child doesn’t go to school due to an illness and so the agreement should be a guide on that basis. You may also decide to talk with your ex and decide on custody while keeping safety and the best interest of your children first.
- How to handle child support payments if your business has been adversely affected by coronavirus
Many people are currently feeling the economic impacts of the COVID-19 pandemic. If your business has been directly affected, it’s best to talk your ex and explain everything. Talk about how you can readjust spousal and child support payments until your business picks up. You should show that you are making sacrifices to make the payments as indicated during your divorce in Orange County. Also, ensure that the adjustments go through the court to make them enforceable.
If talking to your ex is not an option, you can file a motion with the court for a right to modify support back to the day you experienced a drastic effect on your income.
Legal Aid and Resources
Given the unprecedented nature of the COVID-19 pandemic, several legal aid organizations in California offer assistance specifically tailored to family law issues. If you’re experiencing difficulties navigating your divorce during this time, consider reaching out to local legal aid services for guidance and support. They can provide advice on emergency filings, modifying support orders, and other legal matters exacerbated by the pandemic.
Utilizing Remote Court Services
The Orange County Superior Court has expanded its remote services to accommodate ongoing legal processes during the pandemic. Many hearings and consultations can now be conducted via video conferencing or telephone. Check with the court or your attorney to understand how you can leverage these remote services for your divorce proceedings. This approach ensures that your case continues to move forward despite physical court closures.
Health and Safety Protocols for Custody Exchanges
In light of COVID-19, it’s crucial to implement health and safety protocols during custody exchanges. Both parents should agree on measures such as wearing masks, using hand sanitizers, and practicing social distancing during the handover of children. If possible, choose neutral, outdoor locations for exchanges to minimize the risk of virus transmission. Documenting these protocols in writing can help prevent misunderstandings and ensure both parties adhere to agreed-upon safety measures.
Emergency Financial Relief Options
For those facing financial hardships due to the pandemic, the state of California offers various relief options. Look into state and federal assistance programs, such as unemployment benefits, small business loans, and rental assistance, to help mitigate the economic impact. Inform your attorney about any financial aid you receive, as it may influence the adjustment of support payments or other financial arrangements in your divorce.
Mental Health Support
The stress of divorce combined with the uncertainties of the pandemic can take a significant toll on mental health. California provides numerous mental health resources, including hotlines, counseling services, and support groups. Both you and your children may benefit from professional support to navigate the emotional challenges during this period. Prioritizing mental health can help maintain stability and well-being for everyone involved.
Updating Your Parenting Plan
Considering the ongoing nature of the pandemic, it may be necessary to revisit and update your parenting plan to reflect current realities. Work with your attorney to draft amendments that address issues such as remote schooling, virtual visitation, and health safety protocols. Having a flexible, updated parenting plan can help reduce conflicts and provide a clear framework for co-parenting during the pandemic.
Stay Informed About Court Updates
Court operations and procedures may continue to evolve in response to the pandemic. Stay informed about any updates or changes in the Orange County court system by regularly checking the court’s website or subscribing to their notifications. Being aware of the latest developments can help you and your attorney adjust your strategy and ensure compliance with new guidelines.
Preparing for Post-Pandemic Transitions
As the pandemic situation improves, courts will likely resume normal operations, and some temporary measures will be lifted. Prepare for this transition by staying organized, keeping thorough records of all communications and agreements made during the pandemic, and maintaining a proactive approach to your case. Anticipating these changes can help ensure a smoother transition and avoid any last-minute complications.
By incorporating these additional strategies and resources, you can better manage the complexities of your divorce in Orange County during the COVID-19 pandemic and ensure that your legal and personal needs are effectively addressed. For personalized advice and assistance, consult with a qualified family law attorney who can provide tailored support based on your unique circumstances.
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