COVID-19 Divorce Survival Guide: Expert Legal Advice from Bryan Fagan

It’s no exaggeration to say that, during the coronavirus pandemic, our world has focused more on survival than at any other time in the past century. The virus caught much of the world by surprise, leading to drastic measures aimed at preventing illness and minimizing the widespread loss of life. The impact of this virus is hard to fully comprehend—both in terms of lives lost and the chaos it has created across the globe. When the pandemic eventually recedes or at least becomes less of an everyday threat, we will look back and be able to say, “Yes, we survived the coronavirus.” This reflection will be especially relevant for those going through divorce during COVID, as the challenges of managing personal matters amid a global crisis add a unique layer of complexity to an already difficult process.

Finding Stability Amid Uncertainty

Until then, our focus will be on Living our lives the best we can And ensuring that our children can lead consistent and stable lives despite the challenges presented by the coronavirus. Even in marriages that are doing well, it is a challenge to strengthen a relationship and parent. There are ways that we can minimize the impact of the coronavirus on our household. Still, overall, the reality is that whether we want the virus to affect us or not is primarily out of our control. If we wish to be In the same boat as our neighbors when it comes to the virus is not up to us. To an extent, we are all in this together; at the end of the virus, the pandemic will occur at roughly the same time for each of us.

If your marriage is struggling and you’re either separated or going through a divorce, you face an unenviable situation. I don’t say this because I don’t believe I don’t think so that you can get out of the case for that. This experience will forever scar your life. However, if you have to go through a significant life change when it is not easy to plan for the future, you require good advice and perspective on how to proceed from here.

Do your best to gain some perspective on your situation.

Filing for divorce, in and of itself, is not difficult. It doesn’t take a lot of time, nor does it take a lot of effort. In the old days, you would need to draft an original petition for divorce by hand and then march down to the courthouse to file your divorce. Whereas, now all you have to do is good, wise a form you can find online and then point your paperwork through your county or district clerk’s website. Filing for divorce involves some fees, but the effort required is minimal.

Approaching Divorce with Care

However, you do not want to file a minimal divorce. Suppose you are choosing to go through with a divorce during this time. You need to take a look at your situation and do your best to think objectively. There is no room for error during this time, and you want to set yourself up for a successful transition out of this pandemic once we can emerge. Do not expect that a minimal effort will be able to garner you a great deal of success in your divorce.

The best way that I can recommend to you to gain perspective on your situation Is to take a step back and make a list of where you are right now in your life. You can do this on an old-fashioned legal pad, or it can get on your computer or cell phone and type out a list. Either way, you should jot down some notes on subjects relating to your children, your marriage, your home, your debts, your job stability, an essential list of your personal property, and any other issue that you believe will be relevant in your divorce. When you are done, you can sit and look and assess your situation for what it is.

Assessing Your Situation

When you take the time to assess your life, at least on paper, you can honestly evaluate whether divorce is the right choice for you right now. If you’re separated from your spouse, it’s important to understand that you’re still legally married. Texas does not recognize legal separation in its family code. This means that if you and your spouse live apart but never go through the divorce process, you will remain legally married in the eyes of the law. As an attorney, I’ve met several individuals who believed they had been divorced for 20 or 30 years, only to realize that, in reality, they were just physically separated.

Once you assess your situation based on its realities and determine whether or not your marriage is one that you would like to salvage or can salvage, then it is time to determine whether or not you need to take the next step from separation to divorce. While it may feel like this is not that dramatic of a jump, I can assure you that it is. Although you and your spouse are not living together, a marriage bond combines emotional, financial, legal, and physical elements. While the physical bond between you and your spouse may be broken during separation, the emotional, financial, and legal bonds often remain intact. By filing for divorce, you attempt to end all the bonds that hold together with you and your spouse.

Do you need to hire an attorney for your divorce? Or can you go it alone?

This is the big question you need to ask yourself once you have done a self-assessment of your life and determined that your separation from your spouse needs to turn into a divorce from them. It is not a requirement in Texas for you to have an attorney representing you in your divorce. You can legally file for and complete divorce from your spouse without an attorney’s representation. However, as it is with many things in life, the devil is in the details of a divorce.

Balancing Roles and Responsibilities

In gaining a perspective on your divorce, you need to ask yourself whether or not you will be able to adequately represent your interests in a divorce, considering your current circumstances. For the most part, I know people do not have the time necessary to balance working, taking care of their family, and representing themselves in a divorce. The reality of your situation is that each of those roles that you play is a full-time job. By representing yourself in a divorce, you are necessarily taking away from performing these other tasks.

Do You Need an Attorney for Your Divorce? Key Factors to Consider

This is the most reasonable question to ask regarding whether or not you need to hire an attorney for your divorce. If you do not have the time to represent your interests adequately, you need to hire a lawyer. A divorce is not just filing paperwork and getting a judge to sign your final decree of divorce. A divorce cannon likely will be hard work in negotiation, displaying patience towards your spouse and ensuring that your interests are represented.

And the general answer that I give to people regarding whether or not their case requires an attorney’s representation Is if you have kids or don’t have kids, if you have a lot of assets and debts, then I would recommend you hire a family law attorney. Hiring an attorney is a short-term investment for a long-term benefit. Yes, hiring an attorney is not always inexpensive. However, most family law attorneys offer highly competitive pricing, and they can be willing to work with you on payment if your circumstances merit such consideration.

Handling the ups and downs of a divorce during the Coronavirus pandemic

To offer some perspective on the timeline, Texas law mandates that a divorce must take at least 60 days from filing to the final decree. While there are exceptions, such as in cases of ongoing family violence, most divorces will require a minimum of 60 days to finalize.

It would help if you did not plan on your divorce being over with any faster than this that in mind. Even if you and your spouse see completely eye to eye on the issues in your case and you have already come up with the divorce terms that she would like to include in your final decree of divorce, a court will not grant you divorce any faster than 60 days. This is obviously on the short end of things and does not consider the specific factors of your divorce and how willing and able you and your spouse are to negotiate the terms of your case with one another.

You need to know that your divorce can take more than two months to complete as far as a reality check. It would be a rare divorce that could be completed in as few as 60 days. This doesn’t mean that you and your spouse will spend the length of your divorce fighting every single day, but the logistics of attending mediation, negotiating in between, and getting past any difficult negotiation points within the case can be complex. It would help if you did not assume that you and your spouse would negotiate your settlement with these. This is especially true if you and your spouse have never discussed the subject of divorce.

Closing thoughts on getting through your divorce during the coronavirus pandemic

In conclusion, divorce during COVID presents unique challenges as we all adjust to new ways of living and handling daily tasks in the midst of a global pandemic. While the timeline of this crisis remains uncertain, we do know that it will eventually come to an end. If you decide to navigate a divorce or separation during this period, it’s essential to be aware of the additional difficulties you may face. Preparing for these challenges helps you make informed decisions and manage the process more effectively as you move forward.

However, you can minimize the challenges and difficulties of divorce by planning and seeking the counseling perspective of persons who have been there before. Having a family law attorney experienced in all facets of a divorce is a good starting point. Combining the advocacy of an attorney with a sound support system at home is a great combination to have at your disposal. At a certain point, everything else depends on you your spouse’s willingness to work together to complete your divorce and minimize the disruption Lives of you and your family during this time.

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