How to Move Your Divorce or Child Custody Case Forward During a Pandemic?
Transcription:
How do you move your divorce or custody case forward during these uncertain times? You don't wanna be left behind through all this, and you don't wanna have to wait forever to get a court date. So what are some things you can be doing now to move your case forward?
The Courts Are Open for Filing
First, the courts are open for filing. As attorneys, we can e-file with the court, so we can open new cases, we can file regular pleadings for custody parenting time, and we can also file emergency motions. The important thing, though, is that we can get your case moving, get your case on their calendar, or even get emergency hearings set that can happen sooner.
2. Schedule Mediation
Second, you can still mediate your case during the pandemic. Mediators are still working, and they're actually allowing a lot more remote options. So you can appear for mediation via video or telephone, so you, your attorney, your ex, and your ex's attorney can all get together and try and work out a resolution in your case. It's important to keep things moving, and at best, you can walk away with an agreement and resolve the issues. And if not, you can still get a partial agreement which is still important and can help the lot in your case. 01:00
3. Perform Discovery
Third, every case needs discovery, so you can do discovery during this time period. Why not get the financial records? Pick out what you need information-wise and come up with the plan to go out and get it during this time.
4. Pursue Settlement Negotiations
Fourth, you can conduct settlement negotiations. If you believe an agreement is possible, you can draft something up and send it to the other side. Even for new cases, you can still draft up an agreement and send it to the other side. For instance, if you're getting denied parenting time, based on everything going on, you can come up with some kind of settlement proposal and try and come up with a resolution to maybe get you back to where you need to be with parenting time or custody.
5. Emergency Hearings
Fifth, courts are still holding emergency hearings. There are unfortunately times in family law where you need to take emergency action. So, things like protective orders can still be issued during this time. And it's also important to note that if you're filing an emergency motion with regards to the virus or virus transfer, the courts wanna see more than mere speculation. You're gonna wanna see some actual potential risk of virus transfer to file this emergency motion.
So, these are five things you can be doing to move your case forward at this time. My name is Nathan Vining, I am a family law attorney here in Indianapolis. I practice throughout the state of Indiana. And if you're facing questions over these kinds of topics, give me a call. I'd be happy to talk things through with you and see if you have any options on how you can move your case forward.