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COVID-19 Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: Can I expedite my filed simplified divorce?

I am filed already awaiting final hearing date (amongst COVID) but I am up against a military deployment and would like it finalized before I go circa 2 months.

Jean Richardson
Jean Richardson
answered on May 22, 2020

If there are no attorneys involved, call the other party and let him/her know that you would like to request an expedited final hearing from the court. If he/she agrees, call the JA and let her know that you have conferred with the other party and he/she agrees to an expedited hearing due to... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: can my spouse cut me off of my accounts for money? Amidst travel during covid, he left me with no means to survive

We have been separated for years but been very cordial unless/until he dates this women years younger then him, then he starts spending everything he makes. I’m a stay at home mother to 16 year old triplets. I never spent any money on myself from accounts, only for bills and kids. I was traveling... View More

Kent Wood II
Kent Wood II
answered on May 14, 2020

If you are a named account holder, no one can take your name off the account without your permission. BUT, any account holder can empty the account and then take their name off the account or just stop making deposits to the account.

It is difficult when it is "from out of...
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1 Answer | Asked in Divorce for Ohio on
Q: I want an abatement of my divorce court proceedings until covid19 pandemic is over. Is this possible in Ohio?
Cathy Cook
Cathy Cook
answered on May 12, 2020

Since COVID-19 is not going to be “over” for a year or more, and the courts will find ways to move cases forward, that is unlikely. The only way to stop a divorce generally is for both parties to agree to dismiss the case.

If your property values have been affected, you may have to...
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2 Answers | Asked in Divorce for Massachusetts on
Q: I filed for a divorce in February 2020. The other party couldn't be located. Is there something else i should do ?

The party was due in court on 4/3/20. However, due to the virus the court held a phone conference. The party did not phone in. He is due back in court on the 15th of May, providing the courts are in session. Should I attempt to have him served again and do I just have to pay the Sheriff's... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 4, 2020

From your comment I am understanding that the Deputy Sheriff or Constable was unable to make in hand service of he Complaint and Summons and returned such on the Summons. The next step is to seek a Motion for Alternate Service by publication based on that fact. This would result in an Order that... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Married for 13 years in Florida. Husband left the home 18 months ago. Still pays rent. Nothing more. He just filed for

divorce end of Match 2020. Our son called up his dad and asked to live with him as he was unhappy with his chores. He lives in Orlando. We live in St. Augustine(over 2 hours away). His dad came and picked him up 2 days ago. I didn't want to fight with them(abuse in relationship, scared).... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2020

If you cannot reach a resolution with the father then your only remedy is to go to court. It is unlikely in the divorce that the court would split up three children. However, you will both have a timesharing schedule defining when the children are with each of you. If he filed for divorce and then... View More

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3 Answers | Asked in Child Support and Divorce for New York on
Q: Uncontested divorce lacks sufficient child support amount, action will be dismissed in 30 days, what is the action

We used a well know service provider, neither party was given copies of paper work. They are not open due to covid-19. The support amount is of by 2 dollars. Will the application for divorce be thrown out over this issue? The court has given me or us 30 days to provide the documentation or the... View More

George E. Patsis
George E. Patsis
answered on Apr 22, 2020

Child support for one child is calculated as 17% of the combined income of the parties, up to $154,000.00. If there is an error in the child support calculations, the Court might not accept your uncontested divorce paperwork. The Domestic Relations Law requires very specific language in all... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: (Shared Custody) My ex-wife just informed me she wants to move my son from O.C. county to LA county

We have shared custody of my son (7) and she told me she is going to move from O.C. county to LA county to stay near her job ( she is with this job since 3 years already and she was driving everyday). I am staying in O.C. and my son goes to school to O.C. doctors in O.C. etc. Can she move my son to... View More

Mike Darlington
Mike Darlington
answered on Apr 19, 2020

Depending on what your orders say about "shared" custody, she probably does not have the right to unilaterally move the child and change the school, doctors etc. for him; nor can she unilaterally adopt a different time share for the child.

However, you need to take some immediate...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: My ex wife is attempting to keep my children from me I had a positive covid test- no symptoms & 14 days since can she?

It has been 14 days since symptoms already and the Ones I had were mild. She has still been working this while time. We have a 4/3 week split every week. I haven’t seen my kids since the 5th. They are supposed to come home in the 22nd she messaged me today saying she thinks it would be best to... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 17, 2020

The courts have said that people should honor their parenting time arrangements. If you feel your children are safe with you, you should still have your parenting time. You can file a motion to enforce the parenting time. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Florida on
Q: How is coronvirus effecting speed of hearings, and time for a "still to be negotiated" divorce start to finish?

Broward website says 'nonessential' services are suspended, whatever that means.

Jean Richardson
Jean Richardson
answered on Apr 13, 2020

It depends if your case is contested or uncontested. You can still file, serve and submit the required documents. Some judges are holding zoom hearings. If uncontested, you can potentially have a zoom final hearing. I would give it 3 to 6 months if uncontested. If contested, you may have to mediate... View More

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: I am currently going through a divorce, and have a restraining order filed on me since November for false accusations.

We also have two children that I have not seen since November. We agreed on a parenting plan in court, and than I found out dhs and liberty house were investigating, I was told if there was no fault, visitation would begin in January. DHS finally called me last month and said there was no fault,... View More

Joanne Reisman
Joanne Reisman
answered on Apr 6, 2020

You will need to contact an Attorney directly and ask for assistance. Justia only offers you the chance to ask questions and meet Attorneys who have profiles on Justia. Sadly the courts have very limited services and are not setting trials until the emergency pandemic orders have lifted. Most... View More

1 Answer | Asked in Divorce, Family Law and Child Custody on
Q: Can a separated spouse refuse to let a father see his child during corona?

All parties have been in quarantine and while the separated wife has their child starting tomorrow for her week on she has said the child won’t be allowed to return if he sees his girlfriend of over two years while the child is with her.

They currently have shared 50/50 custody. One week... View More

Darren M. Shapiro
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Darren M. Shapiro
answered on Mar 22, 2020

Since I am a New York lawyer, and your question did not specify where you are located, this answer pertains only to child custody and parenting time (visitation) matters for which New York has jurisdiction. A child custody and parenting time order remains in effect unless and until it is modified.... View More

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