These days, it’s hard to think of anything but the movie “La
La Land” with Ryan Gosling and Emma Stone when someone uses that term, but the
slang term “La La Land first appeared in the 1960s in this country to describe
someone who was out of touch with reality. Around the 1970s and 80s, La La Land
became a label for Los Angeles, playing on the abbreviation LA. The term
insinuated that everyone in Los Angeles is as crazy as the Hollywood stars and
starlets who make movies, wear bikinis, and are on a good day self-absorbed.
These days, almost everyone feels like they themselves are in
“La La Land”. Struggling in the midst of
the Covid-19 pandemic, to stay sane, to pay bills, and to stay married. But,
despite the best intentions and the most rigorous efforts, sometimes it’s too
late to save the marriage.
Two for the road
“Familiarity breeds contempt” as an adage is coming true
with the Covid-19 quarantines. Too much togetherness has resulted in some family-law
experts reporting a 50% rise in divorce inquiries; and others predicting a
further surge in new filings as the year winds on. Those considering divorce must
prepare for extra hurdles to jump as many segments of the family-law system have
themselves had to shelter in place.
California courts have been in a general shutdown, but day to day
operations have varied somewhat depending on which of the 58 counties one
resides in.
If divorce is the “La La Land” you’re living in, you may be
in one of these two categories.
I. You had already
filed.
II. You had not filed, but you are ready now.
Either way, the process may be
slower, but the process associated with the dissolution of marriage can still
be done while the legal system is on temporary hiatus.
I. If you had already
filed or had started
Your Attorney
During the COVID-19 distancing ordinances, you will
find that meeting with your attorney face-to-face will present problems. You can
talk on the phone, do teleconferencing, “Zoom” meetings, mail documents, or
digitize and DocuSign or the equivalent. It may be slower but it moves the proceedings forward. Depending on where you were in the process at
the time of the shutdown, you may face the following.
Paperwork
· Declarations – Statements under oath about you,
your marriage, your children, used mostly to request the court take action to
resolve disputes
· Financials – Disclosures about your investment
holdings, real estate deeds, titles, tax returns, pay stubs, etc.
· E-Statements – Be prepared to use the internet to find reports
you need. Most organizations are working remotely. Hard copies would be an
exception.
Insider’s Tip: Open a separate email
account from your spouse’s if you’re still living together. You may want to
send some of the documents privately if the attorney recommends it. Password
protect your new email account.
II. You had not filed, but you are ready now.
Interviewing prospective attorneys
In this case, you might try calling friends for
recommendations of two or three family law attorneys or firms that handle
family law issues. It’s a good idea to interview (virtual or phone) a few firms
to see if there is a good fit. Divorce is messy, and having an attorney you
respect and like is terribly important. Once you have decided on
representation, be sure to read over the retainer agreement carefully. All of this can be done by email.
The attorney will advise you of forms a he or she
will need to prepare the petition to file with the court. If everything is in
order, the court’s process server will serve the Petition on your spouse. While
you are waiting for your spouse’s response, you can start gathering paperwork.
All of this will take a lot more time than before. [Note:
In the case of
certain child-related issues, there may be more urgency, which we have covered here.]
Finding Paperwork
Having time away from work may act in your favor. As
above, the declarations, financials, and e-statements you need to collect will
take time. It all has to be done. If you’ve been married a while or moved a lot,
you will find that some documents have ‘disappeared.’ Mandatory disclosure
means you cannot hide any relevant documentation. Keep looking.
The Courts
The courts will re-open but may have reduced hours,
longer wait times, and higher caseloads. It’s hard to tell, as the Covid-19
response unfolds. Your attorney can help
you find ways to keep your divorce proceedings moving forward. Meanwhile, for
information about other potential impacts to the divorce process due to
Covid-19 you may want to stop by this recent post.
Bottom line
If the marriage is indeed “over”, your stress is at
a peak; your finances and the children are in disarray, then Covid-19 or not,
it is best to keep moving forward with your plans. When the world exits from
lockdown, the tidal wave of people waiting for court dates, meetings, and
documentation may sweep away your chances for a timely start to a new life.
Scary? Yes, but it might be the right thing to do, and it’s better to have it
behind you.
Please Contact Us if You Need Help in This Regard
Call: 949-756-0685.
Email: dgold@tldlaw.com
Disclaimer
This information
outlines a few of the concepts that surround child custody issues in the State of
California. It is not intended to be, nor should it be construed as legal
advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state
or jurisdiction.
