Top 5 Rumors about Divorcing during the Pandemic

The global COVID-19 pandemic has affected every aspect of our daily lives, including the already difficult decision about whether or not to get a divorce. But just as we must learn to adapt to an ever-changing world, so too must the legal system. Here are the top 5 rumors we have heard about divorcing during the pandemic, along with an explanation of why each of them is wrong or misleading.

1.) You can’t get a divorce right now because the courts are either closed or really backlogged.

This rumor is both wrong and misleading, but is difficult to dispel because it holds a grain of truth. When Michigan initially shut down in March 2020, everything came to a screeching halt because nobody knew what to do. Was it safe to go out? Safe to touch surfaces? Safe to breathe the same air as a stranger? Nobody knew. As a result, courts across the state of Michigan temporarily ceased all in-person functions and sent all employees home until further notice. This was a huge problem, however, because the justice system is an essential service on which our democracy relies, and the temporary halt in services did create a backlog of cases during 2020.

But the miraculous thing about the shutdown is that it forced Michigan courts to adapt relatively quickly – and in many ways for the better – by allowing individuals and their attorneys to file online rather than by mail and to appear in court virtually rather than in person. What’s more, technological upgrades have made the legal process more efficient, allowing courts to tackle their backlogged cases like never before.

In summary, you can get a divorce right now, and the courts are neither closed nor backlogged to a degree where it will substantially affect your case.

2.) It’s better for the kids to just stay together until the pandemic is over.

This rumor may be right or wrong depending on your situation and the dynamics of your family. In general, the ongoing pandemic should not hold you back from separating because elements of the pandemic may be here to stay, such as virtual learning and mask wearing in certain settings, and you need to keep living your life. It sounds cliché, but children can usually tell when their parents are unhappy. Don’t prolong the inevitable just because the pandemic makes it less convenient. The sooner you establish a new, healthier, setting for your children, the sooner they can adapt to their new normal.

3.) Being out of work will make you look bad in court.

This rumor is misleading. You will not be discredited in your divorce action for being temporarily out of work, especially if your unemployment is due to job insecurity caused by the pandemic. In fact, some legal professionals would say the unemployed spouse is at an advantage in divorce because it shows they do not have as many resources and either can’t pay support or may be in need of support post judgment. That said, the argument doesn’t hold up if the unemployed spouse has the necessary skills, experience, and ability to be financially self-reliant after the divorce is over. This determination depends on many factors and is made on a case-by-case basis.

An order for child support is mandatory in the state of Michigan for divorcing parties with minor children, even if the support amount ends up being $0. The primary factors in calculating child support are:

• The incomes of the parents;

• The number of overnights each parent has with the child;

• The tax filing status of each parent (married, single, head of household, etc.);

• The contributions of the parents toward childcare;

• The contributions of the parents toward medical care for the children; and

• Which party was the child’s primary caretaker, if applicable.

An order for spousal support is not mandatory in the state of Michigan, as it is not appropriate in every case. The court will consider the following factors in determining whether spousal support is appropriate:

• The length of the marriage (usually 10+ years);

• The ability of the parties to work;

• The source and amount of property awarded to the parties;

• The ages of the parties;

• The ability of the parties to pay spousal support;

• The present situation of the parties;

• The needs of the parties;

• The health of the parties;

• The prior standard of living of the parties;

• Whether either party is responsible for the support of others;

• Contributions to the joint estate by the parties;

• General principles of equity;

• How cohabitation affects a party’s financial status;

• Past relations and conduct of the parties; and

• A party’s fault in causing the divorce.

4.) I can suspend my ex’s parenting time because of COVID-19.

This rumor is wrong. The Michigan family courts, along with Governor Whitmer, have made it very clear that parties must continue to follow all parenting time orders during the COVID-19 pandemic unless there is a true emergency. In most cases, the risk of potential COVID-19 exposure is not enough to rise to the level of an emergency, no matter how strongly you feel about the issue. That said, there is room for argument when parenting time exposes extremely high-risk individuals who are not yet vaccinated. But be warned: If you deny parenting time, you will have to answer for it.

Talking with your co-parent is always the best first step. Consider a compromise that awards make-up days during the summer and/or other school breaks. If the high-risk individual is in your home (i.e., a grandparent going through cancer treatment), then consider being the one to volunteer less time now in exchange for make-up time later. Either way, it is important to execute a temporary order that memorializes the agreement and makes clear that the arrangement is only temporary.

5.) Because of the virus, no attorney worth their salt will meet you in person.

This rumor is wrong. Here at the Bloomfield Family Law Firm, we are willing and able to accommodate people at all comfort levels, whether that means meeting in person, over the phone, or through video chat. We invest ourselves fully in each and every case and recognize the importance of having a personal connection with your attorney from the very first meeting. This distinguishes us from our competition.

If you are in need of legal assistance, know that you do not have to navigate the process alone – call the Bloomfield Family Law Firm to schedule your consultation with one of our experienced attorneys today.