Getting Divorced During COVID In Chicago – What You Need To Know

If couples are considering a divorce during COVID-19, how do they move forward with the divorce process?

When COVID-19 first appeared, it affected what we were doing and how we were doing it because it was a brand-new frontier – nobody had protocols early in the pandemic. The first few months into the pandemic, courts closed. There were a series of court orders, lasting about 30-day orders, depending on which court system you were at, that shut-down the system temporarily. We continually thought we’d be physically back in court after those 30 days.

Currently, the vast majority of court cases are proceeding forward via Zoom. In Lake and Cook County, where most of my cases are. Those courts have done a really good job at coming up with processes and protocols, and the court is moving seamlessly. There is absolutely no impediment preventing somebody from filing for divorce and moving it along. COVID-19 is not a reason to delay filing your divorce case.

There’s no doubt things look different than they did. Previously, attorneys would go into court to get a court order. Now, you’re dependent on Zoom, and there could be some complications. For example, sometimes court orders come back quickly, or sometimes they come back slowly. Before COVID, we’d be in courtrooms all the time, but not so much now. However, for the most part, when it comes to the court system being able to keep things going, I give the court systems a high mark.

Contested divorce hearings are also moving forward. Even though there’s a learning curve to it, we’ve all learned and adapted to using Zoom and to screen share evidence and exhibits.

I think both lawyers and judges have come to realize certain tasks are much more efficient conducted through Zoom or another remote platform. Before COVID, you may wait in court for an hour to get before a judge for a 5 or 10-minute court appearance. Now, often there is little wait time. A high percentage of court appearances are for status or presenting a motion, meaning you’re before the judge for only a short time. . As a result, we’re able to charge our clients less.

Another benefit of a remote court appearance is that it’s also easier for clients to be present in court when they live out-of-state or a far distance from court. Zoom allows clients to save time and money on travel, lodging, as well as limiting the need to take time off from work.

What are the more important things couples need to know about divorcing during COVID?

It’s important for divorcing couples with children to consider and discuss where children will live, how they will travel, and what activities they will do during COVID. Can a parent take their child out-of-state to a visit to their grandparents during COVID? There’s no set answer to what is right. The court and parents must make these calls based on their own view of the world, and the constantly changing facts. People have different opinions on how they feel about COVID.

Separating during COVID can also be a challenge, especially when it comes to finding apartments or homes. Not everyone is comfortable being indoors and interacting with people they don’t know during an apartment or house tour. As a result, I see couples remaining together during their divorce only because of COVID.

Divorcing parents also must consider if their children are going to do remote learning or a hybrid approach to school – and parents may have different views on this. Before COVID, we never saw disagreements on this issue. Due to e-learning at home or hybrid approaches, parents can craft new arguments to support requests to have their child stay with them for longer periods of time because they don’t have to return to their home base to attend school in person.

Do couples still have to appear in court to finalize their divorce?

The end of a divorce case requires a “prove up hearing” where lawyers and both parties – or sometimes just one party, go in front of the judge. At the hearing, the judge looks over the divorce agreement and parenting agreement. If there is a minor child the judge also hears the parties testify about the terms of the agreements and their understanding of them. The judge then determines whether the agreement(s) will be approved.

These hearings were always held in person, in front of a judge. However, due to COVID, they are remote – couples do not have to physically walk into court. The hearings are typically five to 15 minutes. The advantages I previously talked about are truly present here. Remote hearings are very convenient and a big advantage for a client that lives far away or out-of-state.

These types of hearings, along with pretrial conferences and routine motions could continue to be conducted remotely, even after COVID-19 passes.

If a couple is considering divorce and have children reaching college age, what kind of issues should they begin to consider?

In Illinois, if you are married, a court cannot compel you t to pay for your child’s college education. However, if in a divorce or you are divorced, and you have college-age children, a court can order a parent to contribute to their child’s college expenses. These expenses include room and board, books, lab fees, and more. The court has the authority to order one or both parents to contribute in whole or in part, subject to certain limits. The courts look at each parent’s respective financial resources and abilities to contribute to those expenses, as well as the child’s financial resources and ability to contribute to his/her own college expenses.

The courts will address college contribution issues when the issue is ripe, meaning, if a divorcing couple has a child two years away from attending college, the court isn’t going to decide. At that time, the court doesn’t know where a child is going to attend school, whether it’s a community college, or an expensive private college, or something in between. The court also doesn’t know what each party’s financial resources are going to be in a year, or two, or three. The court will wait until there is data available before it orders a party to contribute or not contribute.

As far as planning goes, if a couple is thinking about divorcing in the upcoming years, they can discuss where their child will attend college and what that may look like when they get to the point of their child going to school.

Illinois law has changed so that the aggregate responsibility parents can be saddled with is maxed out at the cost of attending the University of Illinois, Champaign Urbana. If parents are planning to send their child to an expensive private school, with hefty tuition costs that exceed the U of I limits, they should take into consideration that the court does not have the authority to require the parents to pay the entire cost, absent an agreement.

Parents might also want to start planning for college savings. For example, if a couple’s assets will be split equally, putting money into their child’s 529 college savings plan before a divorce may result in each parent contributing equally to college. However, this could be good for one parent and bad for another, so parents should consider divorce planning with an attorney.

Also, keep in mind, parents may not be ordered to pay the full cost of a school, and those extra costs may fall on the child. A child may need to take out loans or have some type of employment. Typically, parents end up agreeing to do what’s best for their children.

Call Chicago divorce lawyer Michael Craven at 312-621-5234 for answers to your questions about getting divorced in Chicago and the surrounding area.