To File or Not to File: Divorce during the COVID-19 Crisis

There isn’t a simple one size fits all answer to this question.  The answer will differ based on your circumstances.  Some spouses may come together during a crisis and realize that there marriage is worth saving. For some spouses, the pandemic cements the fact that there needs to be a divorce and staying together is even deadlier than COVID-19.  If you are confident that leaving the marriage is the right and sound decision for you and your family, this may well be an opportune time to consult an attorney.  With Courts closed and attorneys Court calendars lighter than normal, this might be an excellent time to get started.  Here’s why. The Petition that starts a divorce action is not a particularly time intensive document to prepare and to file.  So if your divorce has no complex issues placing on hold until the Courts reopen might not prejudice you.  On the other hand, if your case involves complex issues of abuse, hidden assets, a contested custody dispute, the need for temporary relief such as immediate spousal maintenance or child support, you will need your counsel to draft what is called a pendent lite motion (a Motion for temporary relief pending the action). 

Courts in Duval County are hearing temporary hearings virtually via zoom. When the virus wanes it can be expected that divorce attorneys will be inundated with parties that waited to commence their actions. In Florida, there is a twenty day waiting period before a divorce can be granted, so if you get your divorce filed on an uncontested matter you could be in front of a Judge much sooner than waiting until the Courts open. If, your case is time sensitive, it might be advantageous for you to use some of the time you are in quarantine to work with an attorney on the preparation of the motion to seek temporary relief and your initial pleadings.

Discuss Your Divorce with an Experienced Jacksonville Divorce Lawyer

While we wish you all the very best and the very happiest, we also recognize that sometimes, things just don’t work out.  For those moments, you’ll want an experienced Jacksonville divorce lawyer with a proven track record on your side. Contact us today at 904-903-4522 to speak with a skilled divorce attorney. You can also fill out our intake form below to request a consultation.