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It goes without saying, these past months have been a dramatic contradiction to how everyone managed their day-to-day lives. We didn’t live with the concerns we have today. Now that everyone is under the “stay-at-home” orders, schools are closed, and small businesses, restaurants, malls, and the like are either closed or minimally working, everyone is asking: how are the courts managing divorces? The simple answer is—they are doing their best under the circumstances. The Los Angeles Superior Court does issue orders indicating what essential matters will proceed and what will not.
Family law matters have limited cases going forward; everything else is being continued. As of today, the next time the court may open is May 13, 2020. What this means is that all family law cases that were scheduled prior to this date will be continued. We don’t know how far out or when exactly. It is also unknown how the courts will be hearing cases while taking into consideration social distancing and the safety of the public, including all court employees. We continuously receive updates, and as we do, we post this information to our website and provide the same to our clients.
Family law matters are unique in that, as a case proceeds, the court makes temporary orders regarding issues such as child and spousal support, visitation, managing property, and restraining orders, to name a few. These past few months have caused substantial changes to all these issues. For example, many parents have lost or had their employment reduced, thereby reducing income available for support, and parents have questioned existing court orders about visitation exchanges, exchange locations, and whether to exchange the children at all. Needless to say, the loss or reduction in income to a parent paying support creates an impact not only on the paying parent but also on the parent receiving support and the child(ren). Additionally, whether to exchange children for visitation between parents has caused concern—particularly where one parent may be a nurse, doctor, law enforcement officer, or other essential worker who is continuously in contact with people. These are questions and concerns I continue to receive daily from clients.
The best answer I can give to any client and to anyone else is the following: recognize that what we are experiencing now is unique and will change how we conduct ourselves in the future. To that end, everyone needs to act reasonably, rationally, and recognize that when your court day does come and you go before a judge, how you and your spouse conducted yourselves during this time will have an impact. Refusal to appreciate the severity of situations—such as a reduction in income or decreased ability to pay support—and failure to work with your spouse temporarily will be presented to the judge, and you will have to explain why you did not meaningfully attempt to resolve the issue. Similarly, if you are not continuing to follow visitation orders, you will have to explain why not. Absent extreme circumstances, you should continue to follow them. The concern for the safety and well-being of children is paramount to all parents, and this includes maintaining visitation.
What if you are recently separated and don’t have any orders yet? The best recommendation is to conduct yourself reasonably and rationally and recognize that your children’s relationships with both parents are of paramount importance. Similarly, if there isn’t a support order in place, provide for your spouse and children. As a family law attorney, we can provide you with direction and assist you in making decisions that are in your best interests as well as in the best interests of your children and your case.
If you cannot resolve temporarily existing issues, yes—you can file for divorce, pre- and post-judgment modifications for support, custody, and visitation, and parentage actions. Doing so will reserve retroactivity in some instances if issues cannot resolve themselves. During this time, we have successfully worked with attorneys to arrange temporary modifications to existing orders and have successfully mediated many matters. Our office hopes during this time you and yours are safe and healthy. Our office remains available to discuss your current situation and how to best move forward. We continue to remain open and available to our clients, new clients, and consultations.
For more information and to schedule your free consultation, please call The Law Offices of Steven B. Chroman, P.C., at (661) 255-1800, write us at office@chromanlaw.com, or visit us at www.chromanlaw.com.
Mr. Chroman is a Trusted Advisor Award Winner and named Top 100 California Attorney with over 23 years of experience and local service.
This article was originally published in Santa Clarita Magazine as part of our firm’s mission to make family law information more accessible to the Santa Clarita community. Read the full feature and others at santaclaritamagazine.com.