COVID-19 and Pending Divorce and Family Law Cases – What You Need to Know



There is no doubt COVID-19 is impacting every facet of our day-to-day lives. For those pending Divorce and Family Law matters during the coronavirus pandemic and mandated social distancing does not mean that your case will stop. The Courts in Cook County and the other surrounding counties of Chicago have been working very hard to make accommodations for all litigants so that their family law cases can move forward in the best possible way during the COVID-19 crisis. It means that there are certain parameters now in place to address both the Illinois governor’s Shelter-in-Place Order as well as the important family law and divorce matters pending before the Court.

COVID-19 Impact on Pending Divorce and Family Law Cases

Divorce and Family Law Cases Ready for “Prove-Up”

If your case is ready to finalize, or prove-up as we call it, there is now a provision in place for parties to finalize their divorce case remotely as long as the Chief Judge’s General Order (2020 D 10) if followed.

Temporary or Permanent Parenting Time Orders

If you are under a parenting time order, either temporary or permanent, the Chief Judge’s General Order (2020 D 8) has clarified in that the order in place shall control in all instances and not be affected by the school’s closure that is in place due to COVID-19. You can modify the orders via agreement as it is presumed that all parents will act in the best interest of their children.

Protection Orders

If you have previously obtained a Plenary Order of Protection, the Chief Judge’s General Order (2020 D 7) provides that if your order is going to expires during this time of COVID-19, you can submit a motion to the court requesting an extension of the order if you feel that the order needs to remain in place for your safety.

Non-emergency Motions

Motions that are not emergent can continue to be filed and once filed and served upon the other side along with a copy of the Chief Judge’s General Order (2020 D 13) a briefing schedule granting 21 days to Respond and 7 days to reply is automatic. This allows for the case to move forward without the necessity of appearing in Court and presenting the motion and the Court then granting time to respond.

Emergency Family Law Matters

If you have an emergency family law matter, the courts will deal with that pursuant to the Chief Judge’s General Order (2020 D 3) so that emergency matters are resolved quickly and efficiently with the process put into place. If you believe you have an emergency situation, please talk to your attorney about getting your emergency matter resolved remotely with an enforceable court order.

Attorneys Hard at Work During the Coronavirus Pandemic

Most, if not all, attorneys continue to work during the COVID-19 crisis. Many are working remotely from their home offices due to Governor Pritzker’s Shelter in Place Order. You can still access your attorney via telephone, email, video chat or other electronic methods. At Anderson & Boback, our divorce and family law attorneys are ready and willing to take your call to assist you.

How Your Attorney Can Help You During the COVID-19 Shelter-in-Place

You can expect your attorney to be very helpful during this time in explaining the current orders that are in place, how this affects your specific situation and how the orders that are in place to deal with access to justice during this difficult time can be resolved in a way that keeps people on track with their pending divorce and family law cases or matters that need to be addressed by the court.

Helpful Resources from Anderson & Boback

There are many helpful resources available to the public. Please review our website and Facebook page for helpful information contained in our blog posts. We are also available by telephone if you have questions about your divorce or family law matter. This is unchartered territory for all of us. Things are changing by the day and even by the hour. Now is the time to support each other and we at Anderson & Boback intend to do just that. We stand resilient and available to assist you and your family through this most difficult time. Contact us today to get the help you need.

THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/illinois-family-law/covid-19-pending-divorce-and-family-law-cases/

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