Due to response methods from the COVID-19 pandemic, proceedings in family law litigation have adapted accordingly. In suffering the delays of occupancy restrictions and scheduling, people across the globe have resorted to private solutions for their divorce affairs.
Divorce is rarely a smooth process. Parents or spouses struggling to maintain civil relationships rely on courts to settle disputes and decide on asset division fairly. Lengthy and exhausting, the process is not an easy one for anyone involved.
Court closures, uprooted schedules, and social distancing requirements have put additional stress on couples seeking court support to finalize their divorce. In some cases, court delays extended over a year past their initial dates due to closures and restrictions. Waiting for court appointments has left many parents unhappy and separated from their kids for just as long.
Extending Incivility
Incivility is an age-old associate of divorce. Spouses battle over their assets, including property and, most significantly, children. In an effort to advocate for oneself, spousal sabotage is not uncommon. Acts against the opposing parent include, but are not limited to, accusations of harmful actions, affairs, or setups for negligent situations for use as evidence in court.
Since judges are meant to act as unbiased, third-party decision-makers, delaying the divorce case for an extended period of time allows more opportunity for parents to dispute and act against the other. The longer the dispute takes place, the more significant threat for damage and unrest.
Avoiding these situations at all costs, especially during a societal crisis, was a growing theme during the pandemic. Parents began to seek mediation alternatives and private judges in an effort to expedite the lengthy court process and settle their disputes in a timely manner. Choosing a private judge or mediator can also limit displeasure or biased accusations, since both parties will agree when selecting the right person to facilitate the decision.
Involving Private Judges
Unlike traditional court systems, parties may hire private judges to settle decisions without the court’s overhead and schedule. Personally, selecting a judge to oversee Financial Dispute Resolutions (FDRs) and Early Neutral Evaluations (ENAs) has many benefits. Hiring one, especially during the pandemic, helps parents get their problems solved quickly, whether pertaining to custody or financial assets.
Choosing someone who can be flexible and understanding each family’s individual situation is a significant drawback to this alternative. Amid the work from home, private judges have also utilized video chat platforms, streamlining the process by limiting commute and travel logistics.
According to Nicole C. Bikakis, divorce attorney at New Haven firm Dolan Divorce Lawyers PLLC,, “the pandemic may have reshaped the way divorce decisions are made for good.” These perks are much more attractive to spouses than waiting for courts to process their cases and deal with state authorities. While still providing mediation, private resources have proven the most efficient option during the pandemic.
Removing Friction in Divorce
People across the country and abroad have already identified positive reports. Improving the experience for both the parents and the children and making quicker decisions could save kids or spouses from harmful situations. Choosing to handle divorce this way moving forward could reduce stress on the court system and create personalized options for the most personal of affairs.
After the pandemic, this trend will likely continue to improve family law litigation processes moving forward. Although courts expect to return to normalcy, private solutions will remain a feasible option for families.