By now you have seen several articles in the news about the backlog that Courts are facing due to the delays from COVID-19 Stay at Home Orders. Many articles stress that the pandemic has slowed the divorce process due to limited access to the Courts.
However, that is not entirely true. Welcome to the Collaborative Divorce Process. While this Process has been around since the 1990s and utilized by many Collaborative Divorce Practitioners worldwide prior to the pandemic, it has never been more relevant, helpful, and beneficial to families going through a major life transition.
The Collaborative Divorce Process allows spouses to resolve all issues related to their divorce while staying out-of-court. Each spouse will have their own Collaborative family law attorney with the option of involving additional team members such as a divorce coach (licensed mental health professional); financial neutral; child specialist; business valuator, and/or any other professionals who would be helpful for the family’s circumstances. The team holds as many meetings as necessary to work through the various aspects of a divorce settlement agreement (e..g custody, parenting time, child support, spousal support, property division). These meetings are now taking place via Zoom, which not only allows families to continue meeting safely during this pandemic, but it also provides more convenience by eliminating travel time to and from various offices.
Once the couple reaches a final resolution, the attorneys will guide the clients through the Court process and the Judge will sign off on all final paperwork. Even during the pandemic, when a couple has already settled prior to filing their court case, Judges tend to schedule a court date as soon as possible (within the time frames required by Michigan law). In addition, in certain counties, Judges have been more willing to proceed with Zoom or telephone hearings when couples have already settled because the hard work has already been completed. The Judge will only need to hear a few sworn statements from the couple and all final documents can be electronically filed, keeping the team safe and out-of-court during this pandemic. Not to mention, the Judges will appreciate the fact that the family has utilized an out-of-court option, helping them slowly eliminate their current backlog, so they are more likely to accommodate.
Important takeaway: You have options. The divorce process can continue out-of-court and families can do so with the support of a team. convenient meeting times, and moving at a pace that is most comfortable for the family with no court deadlines or backlog issues lingering over their heads.
If you’d like to find out more about your options and the Collaborative Divorce Process, please do not hesitate to reach out. (734) 531-8554; jessica@mifamilylawfirm.com