July 31, 2020
Divorce During the Pandemic
Can I still get divorced during the pandemic?
Yes. The courts are still open for business and so are most family law firms - albeit remotely - to protect your health and safety. Most courts are have transitioned to using video conference applications such as Zoom to conduct most hearings and our lawyers are well-trained on these programs to advocate for you just as diligently as if they were there in person.
How do I conduct a consultation if my spouse is in the next room?
A virtual meeting can be set up for you to consult with an attorney online without your spouse having to know. For all they know, you are working on your computer or browsing social media. If you can step away for a walk/drive, we are available by phone and video consults, too.
Can I still file for divorce right now?
Yes. The District Clerk’s office is still accepting and processing divorce petitions electronically, just as before the pandemic was in effect.
Will I have to live in the same house as my spouse after I file?
Despite “shelter-in-place” or “stay at home” requests, hotels, motels, houses, apartments, and Airbnb rentals are all still available if the need arises. DO NOT MOVE OUT OF THE HOUSE without consulting with an attorney, unless you are in danger.
My spouse has become increasingly aggressive towards me since quarantine. What should I do?
Get help immediately. Let a close friend or family member know what is going on and devise a plan to get out if the situation worsens. Contact a divorce attorney that can assist you in filing the correct paperwork to get your spouse kicked out of the house that same day if your family is in danger due to physical abuse.
Do I still have to split time of my kids with my spouse/ex with the quarantine in effect?
Yes. Pursuant to the Seventh Emergency Order Regarding the COVID-19 State of Disaster issued by the Supreme Court of Texas, possession and access to a child shall not be affected by any shelter-in-place order or other order restricting movement issued by a governmental entity. The existing trial court order shall control in all instances during this state of disaster.
If you have any questions regarding filing for divorced, please contact us. Additionally, if your spouse is not taking the quarantine seriously and you feel that your child’s safety is in danger, please call us. We can help.
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