Trying to get court settings for hearings in family law cases is a difficult proposition in normal times. Final trial dates are often available no less than 8 months, and up to 18 months, into the future, with the possibility of a continuance. And that was before the Courts closed to non-essential matters and all trials because of COVID-19. All cases set during the closure are now in need of reset and will have priority over newer cases. All hearings needed in pending cases but deemed … [Read more...]
Choosing a Collaborative Divorce Amidst Court Backlogs
The 2020 pandemic has ushered in a series of societal changes, some of which are temporary and some permanent. But regardless of which, we are all looking for ways to navigate around the different effects of COVID-19 on our daily lives. While restaurants, bars, gyms, and the like have been closed and will work to open up, the same is true of our Texas court system. For literally months as of this writing, courts in the state have been closed to only “essential” matters. Hearings and trials have … [Read more...]
COVID-19 Only Re-Enforces Wisdom of Collaborative Divorce – Part 3
Each team in the Collaborative Divorce has a neutral Mental Health Professional to assist with communication during the process and the child parenting plan. While they do not counsel participants, they are trained to recognize if stress is affecting the emotional capacity or ability of the participants to move forward in a positive manner. This awareness gives the team direction to address the issues and/or refer the party or parties to appropriate counselors. If the children are exhibiting … [Read more...]
5 “C’s” FOR CO-PARENTING AND COVID-19
For many parents, co-parenting when married is challenging and post-divorce it is darn near impossible. Different rules, different values, and different boundaries across two households can lead to significant conflict and difficulty in co-parenting. Add to this already bubbling cauldron of challenges a nationwide pandemic and shelter-in-place orders and the very real risk of boil-over readily rises to the surface, even for couples that previously had worked well together. Please read below … [Read more...]
COVID-19 Only Re-Enforces Wisdom of Collaborative Divorce – Part 2
In Collaborative Divorce, court access is not needed for resolution of the type of issues demanded in litigation, such as Temporary Orders Hearings, Temporary Restraining Orders, Injunctions, Discovery Fights/ Motions to Compel, Motions to Enforce, Depositions, Subpoenas, and compliance with strict deadlines in Pre-Trial Scheduling Orders, including those related to dueling experts. In Collaborative Divorce, all temporary matters and production of relevant documents are handled through the … [Read more...]
What is the impact of the Recovery Plan on People in the Process of Getting a Divorce?
When you look at the CARES Act, there are two main areas for individuals to focus on: economic impact payments and retirement accounts. The economic impact payments are the checks that everybody is talking about. The check is really a prepayment of a 2020 tax credit. With these credits, every adult is starting out with $1200. I get $1200 and my wife gets $1200. If you are looking at an individual, you get the $1,200 if your income is below $75,000. Once you go above $75,000, you start getting … [Read more...]
How COVID-19 Impacts the Divorce Process
In the current health crisis, families across the country are facing plenty of challenges. If divorce is on your horizon, you might wonder if it can even be done. Are courts open? Are lawyers even working? We are, and not only is it possible to get divorced now, it might be a great time, especially if you take the collaborative route. Here’s why: The Courts. In many jurisdictions, courts are shut down or limited for all but emergency proceedings. This … [Read more...]
COVID-19 Only Re-Enforces Wisdom of Collaborative Divorce Part 1
The following blog posts originally appeared on the Quaid Farish, LLC. Website. As the inherent nature of the Collaborative Divorce process makes it even more suitable for divorcing parties in the COVID-19 world, CDT felt it critical to amplify the reasons. The social responsibility of sheltering in place and self-quarantining has changed much of our day to day living. In the legal world, courts initially were closed and then closed, except to emergency situations limited to physical harm to … [Read more...]
How To Prepare For a Collaborative Divorce Checklist
Divorce rates in China rose dramatically after the COVID-19 quarantine was lifted and its likely divorces will increase in the U.S. when restrictions are removed. If you are considering a divorce, there are several things you should do immediately to get prepared. Talk to Your Spouse. If possible, discuss getting a divorce with your spouse. Talk about future living arrangements, division of assets, and a parenting plan. If you are concerned about safety, wait … [Read more...]
Divorcing Without a Shopping List
Envision a scenario involving a trip to the grocery store without a shopping list. You have five things you need when you go in. But as you walk around the store you are reminded of other things that you need or you have a few impulse buys. You were anticipating only spending $35 on a few things, but you walk out having spent $160 because you bought all kinds of things that you didn't anticipate from the start. If you had been more organized and gone in with your list you likely would have … [Read more...]
