Divorce in the Time of Covid-19

October 12 , 2020 | Divorce

It’s difficult to overstate the impact that COVID-19 has had on all of our lives, personally, professionally, financially, and emotionally. Just like the coronavirus has forced us to change the way we operate in our daily lives, it has also given rise to new and unique challenges for our domestic courts.

Practically speaking, our hearings no longer look the same. In the COVID-era, Court is often conducted virtually, using a platform such as Zoom or WebEx. It’s all the more necessary to have a skilled attorney in your corner when, for example, you’re trying to prepare witnesses to testify remotely or to present evidence through a computer screen.

COVID-19 has also changed the way that the law is interpreted, argued, and applied. Take, for example, the following situations:

When calculating figures for maintenance or child support, the Court is required to consider a party’s income. What if that party has lost their job due to COVID? In many circumstances, the Court is permitted to impute income to a party who is “voluntarily unemployed or underemployed.” Of course, in light of state-wide school closures, many parents have been forced to cut their hours or leave their jobs, as their kids are out of school. Are those parents “voluntarily” unemployed or underemployed?

The coronavirus has also given rise to a number of concerns related to the health and safety of children and their parents. These, too, could create issues for the Court’s consideration. If one parent is COVID-positive, is the other required to send the child into his or her care for that party’s parenting time? What if one party wishes to travel with the child to a high-risk “hot zone?”

These are novel issues, often evaluated by the Court on a case-by-case basis. Like many parents and divorced parties, judges, too, are now required to make decisions in the midst of these ever-changing circumstances, brought about by this pandemic. As the pandemic remains ongoing, and as new issues continue to arise, it’s important to have a skilled and experienced advocate on your side. The Colorado family law attorneys at Pomper Price, LLC, are here to provide the support you need.