Just when you’ve decided to take the next step and file for divorce, a global pandemic happens. You may have a lot of questions, including how can I get this over with? SmolenPlevy family law attorney Alan Plevy provides insights on how COVID-19 may affect your pending divorce.
1. How can I settle my divorce case?
To settle your case, both parties must reach an agreement. If you and your spouse already drafted a property settlement agreement with the consultation of your lawyers, you can submit it to the court with your divorce. Despite all the consequences of the pandemic, one positive is that judges are not in court for 7 hours a day, leaving more time for paperwork. However, if both parties are unable to come to an agreement, participating in mediation is the most efficient way to complete a settlement during the COVID-19 pandemic. Many mediators are offering sessions by Zoom, WebEx or FaceTime with both parties and their attorneys. These platforms also allow for each party to talk to the mediator in separate “rooms” for better communication and understanding.
2. How will losing my job impact child support and alimony?
If you are unemployed as a result of the pandemic, you may be currently unable to pay support or alimony. When negotiating a property settlement agreement or marital agreement, it is possible to create modifications to the provisions about paying alimony or child support. This will allow for more flexibility until you obtain employment and reach certain benchmarks that both parties have agreed on. Discuss possible modifications with your lawyers and the other party involved to get one step closer to finalizing the divorce despite being unemployed.
3. My spouse and I can’t agree on anything. What’s next?
Unfortunately, if you can’t reach an agreement, you will have to wait until a judge can hear your case. There are also many valid issues that can prevent agreement, such as separate vs. marital property and custody. Many firms are scheduling trials for fall or winter to try divorce cases that were put to a halt as a result of the pandemic. In the meantime, there are steps you can consider to make the next few months bearable, like how to continue living with your partner and how to prepare your finances.
If you have questions about how to navigate your divorce during the COVID-19 pandemic, please contact Alan Plevy at abplevy@smolenplevy.com or Kyung (Kathryn) Dickerson at kndickerson@smolenplevy.com.
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About the Authors
Alan Plevy
Alan Plevy is a recognized force in family law, mediation and litigation, with more than 40 years as one of the most experienced divorce lawyers in Virginia. Mr. Plevy is known for being a tenacious litigator and negotiator who is zealously devoted to his clients. A top legal publication, Virginia Lawyer Weekly, noted Mr. Plevy’s impact on the law when it named two cases he litigated among its Top Five Landmark Family Law Cases in Virginia. Those two cases, which date back to the 1980s, are still regularly cited by attorneys and courts.
Kyung (Kathryn) Dickerson
Kyung (Kathryn) Dickerson is a principal at SmolenPlevy in Vienna, Virginia. She is a graduate of the University of Virginia and George Mason University School of Law, where she served on the Board of Editors for the Journal of International Legal Studies. Ms. Dickerson is also presently General Counsel for the Asian Pacific American Bar Association of Virginia and has served as President of the organization and on its Board of Directors. She has also served on the Board of Directors of the Virginia Women Attorneys Association and served as its President. She has served on numerous committees of the Fairfax Bar Association and as President of its Young Lawyers Section and as Co-Chair of the Revenue Development Committee.
