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Can I Get Divorced During the COVID-19 Pandemic?

Wondering, Can I get divorced during the pandemic? The answer is yes, but things look a bit different. The COVID-19 outbreak has changed how many legal processes work, but divorce is still possible. You can file, consult with an attorney, and even settle your case, all while keeping safety in mind. Here’s how it works.

Can I Get Divorced During the COVID-19 Pandemic?

Filing for Divorce in Texas During COVID-19

Texas allows for “no-fault” divorces, meaning you don’t need to prove wrongdoing to end your marriage. You can simply state that you and your spouse have irreconcilable differences. Even if your spouse disagrees, you can still file for divorce on your own. Texas courts do not require both parties to agree for the divorce to proceed.

Filing Online in Most Texas Counties

Most counties in Texas now offer online divorce filings. The pandemic has accelerated the shift to digital systems, so you can submit your case through the district clerk’s website. This shift helps keep things moving, even as social distancing measures stay in place.

The pandemic has forced courts and legal services to adjust their processes. Despite the disruptions, family law courts continue to handle cases, though procedures have changed. Lawyers remain active, offering virtual consultations to discuss your case and legal options.

Virtual Meetings and Consultations

Law firms have embraced technology to maintain operations. Many offer video consultations and phone meetings, keeping in-person contact to a minimum. You can still meet with an attorney to discuss your case, just through a screen instead of across a desk.

Delays for In-Person Hearings

Courts have delayed many in-person hearings, focusing instead on written submissions and virtual hearings. While the wait for certain matters may take longer, the courts still handle urgent family law cases, particularly those involving emergencies.

Settling Your Divorce Without Court

Most divorces in Texas don’t go to court. Spouses typically reach an agreement outside of the courtroom, either directly or with the help of a mediator. During the pandemic, settling without court involvement makes the process quicker and smoother.

Communication with Your Spouse

Direct communication with your spouse can help you reach an agreement faster. While attorneys help formalize the deal, you and your spouse are often the best people to decide on the terms. Start talking and find common ground where possible.

Role of Mediators and Attorneys

If you can’t reach an agreement on your own, a mediator can step in to guide negotiations. Attorneys then finalize the terms, ensuring everything is legally binding and ready for court approval.

Can I Get Divorced During the COVID-19 Pandemic?

Handling Divorce Hearings Amid Restrictions

Court availability remains limited, and you may experience delays for your hearing. Courts prioritize emergencies, but routine hearings could take longer to schedule.

Virtual Hearings and Written Requests

For less urgent matters, many courts offer virtual hearings. You may also submit written requests for judges to review, reducing the need for an in-person appearance. This keeps cases moving without waiting for full court reopening.

Emergency Hearings Still Available

If your case involves an emergency, the courts continue to handle those matters quickly. You won’t need to wait for the pandemic to end if you need an immediate resolution to a pressing issue.

Child Custody and Visitation During COVID-19

Stay-at-home orders have changed the way parents manage custody and visitation. These restrictions made it harder for noncustodial parents to see their children, especially when travel was limited. However, as restrictions lift, it’s important to get back on track with court-ordered visitation schedules.

Following Court Orders for Summer Visitation

Summer visitation remains a key part of custody arrangements. Make sure you follow the current orders in place. If your children spend more time with the other parent during the school year, now may be your time for extended summer visitation. Ensure that you understand the specific terms of your orders to avoid misunderstandings.

Co-Parenting During Disruptions

The pandemic has added challenges to co-parenting, especially when health concerns are involved. Both parents should prioritize open communication and flexibility. If one parent feels uncomfortable about travel or other risks, discussing options together will help reduce tension. The goal is to find a balance that works for the children’s best interests.

Can I Get Divorced During the COVID-19 Pandemic?

What to Expect Moving Forward

Divorce procedures may continue to look different in the near future. Courts and legal professionals are adjusting to new methods, and these changes could last. You might see a mix of in-person and virtual processes depending on how the situation evolves.

Changes to Divorce Processes Post-Pandemic

Expect more courts to embrace digital systems, from filing to virtual hearings. These changes improve convenience and efficiency, but they also require patience when new systems get tested. Flexibility is essential as courts work through backlogs and adjust to ongoing restrictions.

Easing the Process with an Experienced Attorney

An experienced attorney can guide you through these changes. They can help you navigate virtual hearings and ensure your case stays on track despite the uncertainties. Choosing a lawyer who understands the evolving landscape will make the divorce process less stressful.

Conclusion

Getting a divorce during the pandemic is possible, though the process has changed in some ways. With the right resources and planning, you can still move forward. The key is to stay informed and work with an attorney who knows how to handle the current situation. If you have questions about your specific case, reach out to a family law attorney for personalized advice.

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Contact Law Office of Bryan Fagan, PLLC Today!

At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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