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.
- How can I settle my 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.
- What if I lost my job?
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.
- 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.
Alan Plevy
Alan Plevy is a recognized force in family law, mediation and litigation, with 40 years as a family lawyer in Fairfax, Virginia. As one of the most experienced divorce lawyers in Virginia, he has vast expertise in all issues requiring resolution in matrimonial actions including property settlement agreements, custody and visitation issues, and child support.
Regularly named a ‘Top Lawyer’ by Washingtonian magazine, Alan 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 member of the Bars of Virginia and the District of Columbia, and is admitted to practice before the U.S. Court of Appeals – Fourth Circuit, U.S. Bankruptcy Court – Eastern District of Virginia and the U.S. District Court – Eastern District of 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. Throughout her career, Ms. Dickerson has received numerous awards. Most recently she was named a 2019 Best Lawyer by The Best Lawyers in America© and was selected as a “Leader in the Law” by Virginia Lawyers Weekly in 2007 and SmartCEO Magazine’s Power Players Attorney of the Year for divorce, domestic relations, and child custody and adoptions in 2013. Northern Virginia Magazine has named her a Top Lawyer for family-focused law in 2016, 2015, 2013 and 2010. She was named to “Virginia Legal Elite” by Virginia Business in 2014.
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