With the Connecticut courts cutting back on scheduling hearings and jury trials due to the coronavirus you may think of putting your legal battles off. That is definitely the wrong decision. We need to get ahead of the coronavirus with social distancing. You also need to get ahead of the lineup for the courts when they return to full service.
As a result of the coronavirus pandemic, and in recognition of the public health emergency declaration Governor Lamont issued, Connecticut’s Judicial branch has rightfully made some changes to how it is handling court matters. Pursuant to the court’s Covid-19 Notice, https://www.jud.ct.gov/COVID19.htm, as posted on March 13. 2020, the court will schedule and hear only those matters that the court defines as “Priority 1 Business Functions”. These functions are defined as criminal arraignments, juvenile detention hearings, and mostly matters of an emergency nature, like applications for relief from abuse and similar. Click on the link to see the complete Notice.
The notice clearly states though “that the courts of the State of Connecticut are open and will remain open”. That means that the court is continuing to accept filings on court matters and court waiting periods are still in effect. If you want to be divorced in the State of Connecticut there is a 90-day waiting period before the court can grant a judgment of divorce in the majority of divorce matters.
Guess what happens to that 90-day waiting period if you wait to file for your divorce now. It does not start. That 90-day waiting period can turn into a 120-day, 150-day or more, depending on when you first file your divorce with the court. Filing now lets you use the court’s emergency measures to your advantage. You’ll be ahead of those that wait.
With the help of experienced attorneys many of the issues that exist between you and your spouse can be worked out as well during that waiting period. Family law practitioners have plenty of experience and can talk with the parties, get the facts, and solve many of the issues that exist between the parties. These attorneys know what the courts will look at in deciding Child Support, Custody, Visitation, and Alimony. The attorneys can write up any agreement you come to on temporary orders and submit it to the court for the judge to make that agreement an order of the court. If the parties can’t agree many attorneys, including Jerome N. Goldstein, Attorney at Law, can offer 4-way meetings of the parties using skype. Getting the parties together, with all the necessary social distancing protections, can resolve many differences of opinions of the spouses.
And guess what! If the parties did agree on these issues your on your way to the needed parts of an agreement for the final divorce. When that 90-day waiting period and the courts emergency measures run their course you should be able to set a quick date for the court to grant that final divorce.
Exceptions of the 90-day waiting rule do exist. First, if both spouses filed an Appearance and, thirty days after the Return Date, have a complete agreement on all issues, the parties can ask the court to waive the 90-day waiting period. The second exception, known as the non-adversarial or simplified divorce, comes with a laundry list of requirements you must meet that basically say the two spouses have no kids, minimum assets, and were married nine years or less. Simplified Divorces do not even need to see a judge to get divorced. For everyone else that 90-day waiting period exists.
What also exists is that all non-priority cases will have to wait for the emergency measures, keeping the courts from fully operating. Being ahead of those that wait to file when the emergency measures are lifted is important. Of course the coronavirus pandemic comes with an ever changing world. The rules we discuss here can all change as days go by and new measures have to be taken to keep everyone safe.
The rules of our courts are difficult enough without these emergency measures. An experienced family law attorney can make sure you meet both the emergency measures and all ongoing court rules, orders, and statutes.
If you are ready to start your divorce don’t wait. Call Jerome N. Goldstein, Attorney at Law for your initial consultation at 203-929-7773 or ask for your consultation through the form at www.GoldsteinLawCT.com.
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