Divorce in the Time of COVID-19

While the media excitedly predicted a spike in divorce rates due to the pandemic, the impact of the pandemic on the BDBF family law practice has been much more nuanced.

For example, clients who are already divorced re-evaluated alimony and child support obligations due to the loss of one or both parents’ incomes. Custody time-sharing schedules were re-negotiated to accommodate virtual schooling where one or both parents are unable to work from home. And, as discussed in a recent blog post, newlyweds are entering into marriages more cautiously, increasing the demand for prenuptial agreements.

New divorce filings, however, seem to be at or below the rate we observed before the pandemic.  Many new divorce filings have been delayed as courts were closed for several months. By now, however, most courts have adapted to virtual hearings to resolve the backlog of cases. And mediation is occurring over Zoom, which can help keep folks out of Court. Some have theorized that divorce rates may actually remain constant in spite of the predicted spike because many marriages have been strengthened by the circumstances the pandemic has posed.

If there will be an uptick in divorce rates resulting from the pandemic, it may be that the peak will simply be further out in time.  We expect that increasing vaccination rates, coupled with a seller-friendly real estate market in the DMV, will prompt those who have delayed their separation for practical reasons to move forward. Businesses reopening and more folks going back to work makes the increased expenses of maintaining two households, rather than one, more doable. As children return to the classroom, it is more manageable for working parents to navigate custody time-sharing schedules.

If you are considering divorce, please know that the backlog in the courts is real and significant.  Absent domestic violence or other extraordinary circumstances justifying emergency action, we predict our new clients could wait several months longer than usual for trial dates.  Mediation has proven an effective and more efficient tool where appropriate.

If you have a need for advice on a family law matter, please contact Bulman Dunie.

To reach our family law attorneys directly, please contact Meg Rosan at mrosan@bulmandunie.com or Jane Rodgers at jrodgers@bulmandunie.com.