Getting a Divorce in the Age of the Virus

These are unusual times. Kids in Pinellas County are going back to school today, and the mediationclassroom won’t look anything like it used to. If you are considering a divorce at this time, that process may not be the same either. Here are some things to consider.

Research your options for the divorce: The choice of process depends on the complexity of your situation and how well you and your spouse can communicate during the divorce process. Reviewing this list will help you to understand your options:

• Pro Se — Parties agree to a settlement between themselves and file all paperwork on their own. This is typically recommended only for very simple situations.

•  Mediation — A mutually agreed-upon neutral third party guides the discussions to reach a settlement. This may or may not include each party retaining an attorney to provide guidance throughout the process and review the divorce document.

•  Collaborative process — A collaboratively-trained team consisting of attorneys for each spouse, a financial “neutral”, a counselor, coach or child specialist (as needed) who meet as a team with the spouses to reach a settlement. The attorneys agree not to litigate, even if no settlement can be reached.

•  Traditional attorney-to-attorney — The attorneys work between themselves to structure the settlement for the parties and frequently discourage the spouses from communicating with each other regarding the issues being addressed during the process.

•  Litigation — A judge makes the final decisions on issues that cannot be agreed upon otherwise.

You can begin to determine which process may be best suited for you through online research and through phone or video calls. If you have not received recommendations, you can search for local or statewide mediation organizations to find a divorce mediator or the family law section of your state bar association to obtain a listing of divorce attorneys.

Interview and assemble your team of professionals: In most cases, each spouse should retain an attorney experienced in family law. The attorneys’ involvement can be limited to periodic consultations if mediation is the chosen route and cost is an issue. You want to be sure you are comfortable with your attorney, so spend enough time talking with them to understand if their approach to a divorce is consistent with your ideas. Your team of divorce professionals may also include a financial professional who specializes in divorce, for assistance with the financial decisions, and a counselor or coach to deal with the emotional and behavioral aspects of going through a divorce.

Gather your financial information: Gather information on your income, assets and liabilities, including pay statements, tax returns, bank accounts, investment accounts, retirement accounts, pensions, business interests, real estate, and liabilities (such as mortgages, student loans, car loans, credit card debt, etc.). Again, much of this work can be done online and information can be shared through secure online portals to eliminate in-person contact. It will be helpful to have this information readily available to work with your team on developing potential settlement options. Agreement on a valuation date for your assets and available income may be contentious, especially if you have seen recent significant changes, so be prepared to update information as you go through negotiations.

Create a budget: One of the most important steps is determining a budget to understand how much money you will need to cover essential and discretionary living expenses. Taking time while you are sequestered at home to review recent credit card bills or checking account transactions to understand your current expenses will be time well spent. This information will be important to help you understand how much income you will need post-divorce and often is helpful to determine child support and spousal support amounts, should these will be part of your agreement. Your expenses may have changed during this time. For example, it is likely that you are spending more on groceries and less on gas, restaurants, and childcare. You will need to update your expenses as time goes on as you want your expenses to accurately reflect your lifestyle and needs.

Review your living arrangements: Consider how your living arrangements may change and what options are available within your budget. Real estate transactions are moving forward during this time; you may want to begin researching your options if moving is necessary. Real estate may lose value during this time, so be sure to use current data in your search.

Discuss a parenting plan: It can be difficult even in the most amicable divorce cases to come up with a co-parenting plan that works for the kids and the parents. This pandemic requires parents to carefully consider and plan for travel and living arrangements for their children, if they are living separately. Start discussing parenting plans during this time and remember that logistics such as travel between households and sharing home schooling duties also need to be considered. Some jurisdictions require parenting classes or a mediation session to discuss co-parenting. The availability and format of these sessions may be limited for the foreseeable future.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

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