30 Mar I told my wife I wanted a divorce before coronavirus. What now?

Q. I told my wife I wanted a divorce right before the coronavirus thing got big. We are still living in the same house but I want to get out and I want to get this started. Can I still make a divorce happen now? What’s happening with courts and everything?
— Husband, for now

A. We’re sorry to hear about the troubles with your marriage.

Coronavirus does make it more complicated.

The courts remain open and available to residents in this time of crisis and need, said Jeralyn Lawrence, a family law attorney with Lawrence Law in Watchung.

She said while most operations of the court are occurring either telephonically or virtually, access to the court remains a constant.

If you want to start a divorce now, you certainly can move forward immediately and start the process.

“The first step would be to consult a lawyer and learn about the process and your rights and potential obligations,” Lawrence said. “Your lawyer will then likely send a letter to your spouse asking that they, too, hire a lawyer and for the lawyers to connect to address next steps.”

The lawyers can agree to exchange discovery and documents necessary to identify all issues in the divorce and value of assets or debts, as well as exchange income information, she said.

The lawyers and the clients can agree to work with a mediator, who is a neutral third party that facilitates the discussions between both parties to work toward resolution or the lawyers and clients can “meet” and discuss settlement amongst themselves, she said.

“With this current crisis, meetings and mediations are being done either telephonically or through a remote video conferencing service such as Zoom or Skype to maintain proper social distancing and safety,” Lawrence said. “The technology today is terrific and mediations can occur easily and seamlessly.”

Lawrence said once the case is resolved and an agreement signed, the divorce can occur, in some counties, on the papers where written submissions are sent to the court with the final judgment of divorce. The judge signs the judgment and mails it back, she said.

Other counties may conduct the final hearing telephonically, she said. Some may hold off and wait to schedule an in-person appearance, but if this crisis is prolonged, the court would not want a large backlog and would likely then entertain a telephonic final hearing, she said.

“While we are in unprecedented times, it is important that we rely upon our ingenuity and technological advances to be able to meet the needs of our clients, children and families to address their needs,” Lawrence said.

Also be aware of what’s happening to stimulus checks for divorced or divorcing couples.

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This story was originally published on March 30, 2020.

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