Divorce

Can I Get Divorced During COVID?

How California Courts Are Adapting to the Coronavirus

Few services and processes look the same as they did last year. With coronavirus cases rising and the most generous predictions of an end still being months away, courts are one of the many to adapt to socially-distant practices.

Can I Still File for Divorce During Lockdown?

California courts are holding all family law hearings remotely until further notice. E-Filing or dropping documents off at the court house is available for:

Couples may still seek a divorce or separation, modify child custody or support.. despite the suspension of in-person family law services and hearings. Paperwork, as well as the hearings, will be handled virtually. However, there may be some delays and frustrations in the process.

How Are Divorce Hearings Held During the Lockdown?

San Diego courts will hear divorce and child custody cases virtually via Microsoft Teams or over the phone. On the date of your scheduled hearing, you must:

  • Get set up in a room with no or minimal distractions and noises
  • Find the Microsoft Teams links corresponding with the department hearing your case
  • Join the conference 30 minutes before the start of your hearing to check in with the clerk

After checking in with the clerk, the hearing will proceed as normal.

How Will Lockdown Affect My Date of Separation?

While lockdown may interfere with your plans to move out and confine you and your spouse within the same house, your date of separation could potentially remain unchanged. Your date of separation reflects when:

  • The marital relationship is irrevocably ruined
  • Your behavior supports the assertion that your marriage is over

You do not necessarily have to be living in separate residences to be considered separated. Other factors may demonstrate the termination of your relationship.

Holiday Schedule

The California courts will be closed on Christmas Day and New Year’s Day. Apart from these two closures, you and your spouse are able to seek a divorce this holiday season and child custody and visitation modifications can also move forward.

I understand the difficulty of pursuing a divorce or modifying orders during the holidays. I’m available to offer a compassionate, professional FREE initial phone consultation. Contact me online or call me at (619) 304-8499 for mor