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Jul 31

The Effects of the COVID-19 Pandemic on Collaborative Divorce Cases

How the COVID-19 Pandemic Has Changed Collaborative Divorce Processes

Although it’s too early in the COVID-19 pandemic to tell if being cooped up will cause more couples to file for divorce, more than 32% of married people said that the pandemic-related lockdowns, quarantine and isolation have harmed their relationships. Many divorce lawyers in Pennsylvania have anecdotally noted an increase in inquiries about initiating a divorce, and being stuck inside together may be the proverbial straw that breaks the camel’s back. If you’re already in the midst of divorce proceedings, the pandemic has also likely caused some changes in what you thought, or hoped, would be a smooth and speedy process.

Technology for Facilitating Discussions

When you need to discuss an issue with your divorce lawyer, you’ll probably rely on technology for it. Due to COVID-19, in-person meetings may not be an option. Instead, you may discuss the issue with your attorney over the phone or a video call. You’ll still maintain confidentiality and be able to get answers to your questions about the proceedings.

Remote or Virtual Meetings Instead of In-person Consultations

Before COVID-19, mediation for collaborative divorces took place in person, usually in a small conference or meeting room in the courthouse. Now, that option may not be available. Instead, you’ll likely use an app, website or software such as Zoom to have a secure meeting. If the court has facilities that will allow you to maintain social distancing while negotiating in person, you may be able to engage in face-to-face discussions. However, you’ll need to wear a face covering and prepare for long backlogs for accessing courthouse facilities and services.

New Areas of Disagreement Requiring Mediation

The COVID-19 pandemic may have brought about some new areas of disagreement that require assistance from your mediator. For example, if you or your ex-spouse is a health care worker or another type of essential worker, your custody preferences may change. If one of you has a health condition that puts you at a higher risk of developing a serious illness or dying from COVID-19, you may need to work on backup plans for guardianship, custody and visitation that you hadn’t considered before the pandemic. If you or your ex-spouse lost a job as a result of the COVID-19 shutdowns, you may have new areas to mediate around spousal support and the division of assets.

Increase in Stress and Anxiety

Many people are more stressed and anxious because of the COVID-19 pandemic. This affects your mood, train of thought, ability to focus and overall sense of well-being. When you’re stressed and anxious, it’s easier to lose your temper or be disagreeable. Keep in mind that the pandemic has had deep effects on mental health, and it may affect your ex-spouse differently than it affects you. You or your ex-spouse may be worried about job loss, securing food, getting sick or losing a loved one to COVID-19.

Postponement of Processes If a Party Becomes Ill

Sometimes, you need several meetings with your ex-spouse, his or her attorney and your lawyer as well as the court appointee to work through all of the areas of the disagreement. It’s possible that over time, one of the parties could become ill with COVID-19 or experience some other health problem. In such a case, you may be able to petition for an extension of the collaborative process.

If your needs or situation have changed due to the COVID-19 crisis, we can help. At the Law Office of Joanne Kleiner, we’re here to help you with updating your collaborative divorce agreement to change custody schedules, visitation and alimony or child support payments. The COVID-19 pandemic has caused an upheaval in many lives, and you can turn to us for help with alleviating some of the stress related to your divorce process or arrangements. To schedule a consultation with our Jenkintown, Pennsylvania, attorney, contact us online or call (215) 886-1266.

Jul 27

Has COVID-19 Impacted Child and Spousal Support Payments?

How Child and Spousal Support Are Affected By COVID-19

In March and April 2020, an estimated 30 million Americans lost their jobs as a result of COVID-related closures, lockdowns and quarantines issued by local and state governments. If your ex-spouse is among the millions who lost their jobs, they may have decided to stop sending their spousal or child support payments. However, the law doesn’t give them a break because of the COVID-19 pandemic.

COVID-19 Pandemic Impact on Income

Studies suggest that millions of Americans were laid off or furloughed over the past few months due to the coronavirus outbreak. Many of those who have kept their jobs have faced reduced work hours, irregular schedules or even pay cuts. This situation has led to many issues for divorced couples, especially those raising young children.

A decrease in income may cause your ex-spouse to go to court and fight for a lower rate of spousal or child support. If they are earning less money, the court may ultimately grant lower payments. Keep in mind that they can’t decide to do this on their own. A court order that modifies child or spousal support is required for a lawful decrease in your payments.

Ability to Remit Payments

Even if your ex-spouse has continued working during the COVID-19 pandemic, they may have some trouble remitting their payments. Many exes transfer money in person at a social services agency office. Unfortunately, many of these offices have closed or limited their hours due to lockdown measures. The payer may need to petition the court if a judge required them to make their payments in this manner. If your ex-spouse has flexibility in how they make the payment, there are other options. Banks, credit unions, post offices, and money services at grocery and big box stores continue to offer money order services. Cashier’s checks may also be possible.

Paycheck Debits

Some people have a court-mandated paycheck debit for their spousal or child support. If your ex-spouse lost their job, this directly impacts your payments. If you’ve stopped receiving the payments, reach out to your divorce lawyer to find out why. If your spouse qualifies for unemployment compensation, the debit can be done through the state office of unemployment compensation.

Ex-Spouse Gets COVID-19

With the number of COVID-19 cases continuing to increase in most areas of the United States as of July, it’s possible that your ex-spouse could end up getting infected with COVID-19. This could impact their ability to work. If you find out that your ex-spouse is ill, contact your attorney. You may need to request amended court orders for visitation and spousal or child support payments.

Ex-spouse Stops Paying

At worst, your ex-spouse may simply stop paying their support payments if they’re no longer receiving any income. Even during these extraordinary times, this is not within the law. Your ex-spouse is still required to pay you the amount due by the court-established deadline. If you stop receiving the payments you’re owed, contact your attorney for help.

Ask the Court to Intervene

If your ex-spouse decreases their child or spousal support payment or completely stops paying and blames it on the COVID-19 pandemic, seek legal counsel as soon as possible. The family courts are back in session, albeit often using remote hearings and other options to maintain social distancing. Your attorney may need to get the court to enforce the support order. Even if a judge eventually grants a support modification, this is typically not retroactive. Your spouse must continue to meet the current support obligations.

If you’re not receiving the spousal or child support that the Pennsylvania courts ordered your ex-spouse to pay, our divorce lawyer offers help. At the Law Office of Joanne Kleiner, we’re here to protect your rights and ensure that you receive the child and spousal support you need to pay for essential expenses. You don’t need any more stress during these challenging economic and social times. To schedule a consultation with our Jenkintown attorney, call us at (215) 886-1266 or visit our website.

Jul 01

Will the COVID-19 Pandemic Change Property Division?

Understanding How COVID-19 Affects Property Division

One of the most common reasons that a divorce turns acrimonious is due to disagreements over property division. Unfortunately, things may get even more challenging in the future as the U.S. unemployment rate surpassed 13% in May. Many divorce attorneys are already starting to notice that routine property divisions are being complicated by the COVID-19 crisis.

Defining Non-Marital Property Is Trickier Without Definitive Separation

During the COVID-19 outbreak, many spouses realized that their relationships were no longer working. However, some of these couples are choosing to continue living together because of the challenges of raising children and finding new homes during the pandemic. This can lead to some issues because of the way Pennsylvania defines non-marital property. Non-marital property is anything you acquire before your wedding or after your separation, and it is not divided during a divorce.

Since Pennsylvania does not have any legal separation process, the date of separation is often just defined as the day one spouse moves out. However, when a couple is still living together and even sleeping in the same bedroom together, it can be hard to prove that separation has actually happened. This can lead to one spouse saying something is marital property while the other insists they acquired it after separation. A divorce lawyer could help you make sure that your actual date of separation is legally provable, even if you keep living with your spouse for the time being.

Assigning Value to Property May Be More Complex

Another potential roadblock to property division is all the economic uncertainty right now. Generally, Pennsylvania property division is about making sure each person has an equitable share of marital assets. If the couple does not agree on the value of an asset, though, it is hard to say whether or not each person has an equal amount. Due to COVID-19’s effect on the global economy, there are all sorts of assets that may have fluctuating value. These include the following:

  • Real estate property
  • Family-owned businesses
  • Stocks
  • Antiques and heirlooms
  • Other investments

Some people may end up disagreeing because they think a property is likely to dip or rise in value once the virus is over. There is also the risk of a property suddenly rising or dropping in value before property division agreements can be finalized.

There May Be Disagreements About How to Handle Failing Properties

Another potential coronavirus property division problem that divorce lawyers are encountering right now involves disagreements about property liquidation. Usually, during a divorce, couples try to keep assets intact until they can be divided. However, with the virus harming many businesses and investment markets, this may not be an option. Many people are trying to sell businesses before they get further in debt or sell a stock before its price drops lower. When you and your spouse cannot agree on how to handle a failing property, things can get very bitter.

Handling sudden changes to major assets during a divorce is always a challenge. You need to monitor assets carefully to make sure your spouse does not do anything without your permission. If it is too hard to communicate with an ex-spouse yourself, you will need a lawyer who can help you reach an agreement. Remember, you need to document all agreements carefully, so it does not become a problem later on in the property division process.

The COVID-19 outbreak is likely to result in more complex property division cases. If you want to make sure you get your fair share, you need a knowledgeable divorce lawyer on your side. Joanne Kleiner has spent years helping Jenkintown residents through their divorces. Our office is happy to provide mediation to assist in a friendly divorce, and we are also willing to fight for you in court. During these challenging times, we are working remotely to meet our clients’ needs. You can call us at (215) 886-1266 or fill out our online contact form to get a virtual consultation for your divorce.

Jun 27

Are More People Getting Divorced Due to COVID-19 Lockdowns?

How Lockdowns Are Affecting Divorce Rates

With roughly 2.6 billion people under some form of lockdown by the end of March 2020, the COVID-19 pandemic has greatly altered daily routines. Various stay-at-home orders mean that many couples are now spending all their time together. Here is what you need to know about how these lockdown measures are influencing divorce cases.

Interest in Divorce Rises Following Lockdowns

On average, about 40% of first-time marriages end in divorce. However, COVID-19 divorce statistics show that these rates may be on the rise. In countries where lockdowns have already ended, like China, there have been record-high numbers of divorce filings. Even in regions where couples are still stuck at home together all the time, there are already signs that divorces are more likely to happen. Many divorce lawyers already report that they have had an unusually high number of people inquiring about divorce. The exact rate of divorces due to lockdown still is not known. However, many analysts agree that by 2021, there will be a huge increase in divorce rates.

The Reason Lockdown Is Causing Divorces

At first glance, it does seem like people under lockdown are more likely to get divorced. However, this does not mean that the lockdown itself is directly causing divorce. Instead, it means that already unhealthy marriages are more likely to end now. For most people, realizing a relationship has run its course is a long, drawn-out process. However, the stress of lockdown is speeding up this process.

For some, the financial and health worries of the global pandemic are exacerbating underlying problems. For example, a partner who tends to have some anger management problems might get worse now. Some spouses are constantly arguing and berating to relieve their own stress. In other cases, the lockdown might just give couples more time to realize they are no longer compatible. It is easy to ignore personality differences when you and your partner are busy and separated all day. However, when you have days spent together doing nothing, it can be easier to realize that romance has left the relationship.

Another sad reality is that the lockdown is forcing many people to be with their abusers nonstop. Globally, there are estimates that domestic violence cases have almost doubled during the lockdown. This lockdown domestic violence rise may be a wake-up call for some, making them realize their abuser is never going to change or get better.

The Rate of Finalized Divorces Is Lowered

Though more people than ever are realizing they need a divorce, this does not mean there has been an immediate and drastic spike in lockdown divorce cases. Instead, many people say they are putting off divorce until after the stay-at-home orders end. For those in a safe home environment who have children to consider, this may be a smart choice for the family. It could make it easier to avoid challenges like child care or finding a new home during the pandemic. However, in cases where there is a lot of violence or acrimony, it may be a good idea to go ahead and start the process of divorce. Divorce is always a slow process, and right now, family courts are not operating at full capacity. Even once courts start running again, it will take a while for them to get through their backlog of cases. This means that most couples who have realized they want to start the divorce process now will probably need to wait at least three to four months to get into court.

In many cases, waiting until after lockdown to get a divorce is not always possible. Therefore, you may want to go ahead and speak to a Pennsylvania divorce lawyer. Our attorney at the Law Office of Joanne Kleiner is currently working from home and providing remote consultations. We are familiar with handling the complexities of child custody, spousal support, asset division, and more. If you are a resident of Jenkintown who would like to learn more about starting the divorce process, go ahead and give us a call at (215) 886-1266.

Jun 02

What Co-Parents Shouldn’t Do During COVID-19

4 Things Separated Parents Should Avoid During COVID-19

Due to the COVID-19 crisis, courthouses across all of Pennsylvania’s 67 counties are closed. However, this does not suspend a parent’s obligations under their custody agreements as courts may still get involved in the future. Here is some advice on four things to avoid during the pandemic so that you can stay out of trouble.

1. Do Not Keep the Child From the Other Parent

While you may not feel safe having your child switch between homes during a pandemic, this is what the court order says. That agreement is still valid during COVID-19. In fact, stay-at-home orders specifically state that transportation for custody arrangements takes precedence over the lockdown.

One parent cannot decide to keep the child if the other parent has a right to custodial time. This can lead to a contempt of court charge. It may even be enough for the court to grant a remote hearing and get involved. In other words, this is a serious matter that could result in punishment.

2. Do Not Make Unilateral Decisions

Co-parenting and shared custody agreements are still in effect, even if courts are closed and normal life is upended. No matter the national level of crisis, parents are still expected to work with each other to the extent mandated by the custody agreement.

Unless the agreement says otherwise, a parent cannot act to make a decision about the schedule or medical care for the child without input from the other parent. The COVID-19 crisis cannot be used as an excuse to upend the custody agreement. Make sure to follow the same procedures that you always would when making decisions on behalf of the children. While you may not be found in contempt of court today, there is the chance that this could happen when the other parent is finally able to get a hearing. If there are concerns, they should be discussed, but one parent does not get the sole right to make decisions.

3. Do Not Be Hostile

Everyone is under stress right now. However, the texts and emails that you send can always be admitted into a later court hearing as evidence used against you. A pattern of hostile communication can always be grounds for the court to amend the custody arrangement at a later date. That’s why a child custody attorney would advise a client to be civil no matter what.

Courts want to see a cooperative co-parenting relationship between the spouses. They do not want to see hostility in communications. Even if the courthouse is not open now, a judge will be able to see how the two parents dealt with each other during a time of crisis. Thus, this is the time to take the high road, even if the other parent has been uncivil to you first.

4. Do Not Take the Court’s Time Unless It’s Critical

Family law courts are going to be backed up for the foreseeable future. Courts are not holding in-person hearings right now due to COVID-19, and there is not a concrete answer as to when they will fully reopen. There are emergency matters that are being heard remotely.

However, you need to be careful with what you consider an emergency. Know that judges are backed up right now and only want to focus on matters that are absolutely vital. They may not want to take the time to deal with something that they do not consider to be a priority. Simple issues such as pickup times and who should provide transportation to after-school activities will not be considered matters of vital importance. Thus, you should use discretion in deciding what to file with the court right now.

If you need advice on the impacts of COVID-19 on your particular custodial situation, turn to a child custody attorney at the Law Office of Joanne Kleiner. We’re prepared to help you throughout the COVID-19 crisis and beyond after the lockdown is lifted. Call us today at (215) 886-1266 for your initial consultation at our office in Jenkintown.