Welcome to Chris F. Gray, P.C.
SOME THOUGHTS ON COVID-19
AND FAMILY LAW MATTERS
This is a scary and unpredictable time, both generally (societally) and specifically (to the judicial system and legal work). Attorneys and judges alike are struggling to advise clients/parties, and move cases forward in the face of shelter-in-place and social distancing polices. What does this mean for a new divorce? What does this mean for existing cases (parenting disputes, etc.?). For case-specific advice, please contact me. However, I have the following thoughts to share:
* Most courts are currently closed to family law issues. Courts are largely shut down (with the exception of, e.g., pressing criminal matters). Counties seem to be varying the times their courts are attempting to reopen (and, of course, those dates are not guaranteed. The reality of the situation in May/June may dictact further court closures.) No new cases of this firm are being set for anything (review hearings, status conferences, or hearings) prior to at least June 1, and many later than that.
* Filing timelines for new cases: In Colorado, the minimum number of days between the commencement and conclusion of a divorce is 91 days. If you decide a divorce (or other initial filing, such as bringing an Allocation of Parental Rights issue) is appropriate for you, now is a good time to get the case filed and some of the early work (e.g. Sworn Financial Statements) completed on your case. With proper quarantining measures, hopefully things will be opening back up in the next few months, and we can have your case queued for a status conference in the near future. Delaying filing will likely see a substantial delay in the time that it takes the court to get to your case, as it will come back to work with a very significant backlog.
* If you have an existing case and are struggling with child support, parenting disputes, etc., a few points: 1) The Court will likely not be able to hear your case in the next few weeks. (It is possible that an emergency hearing would be conducted telephonically or via video, but this would depend on the discretion of the judge); 2) Despite the lack of immediate court attention, the failure to file timely may have implications both on your case (e.g. in a Motion to Modify Child Support, the court can modify back to the date that the Motion was filed), and the amount of time that it eventually takes the court to address your matter. Therefore, you should consider consulting an attorney to discuss the timing of bringing your issue; 3) In the meantime (and as always), parents are encouraged to work together to the extent possible to resolve any issues, even if such resolution is just a band-aid until courts reopen. Please continue to consider what is the best interests of your child's health and safety.
* This pandemic is unprecedented in all of our lifetimes, and reaches nearly all levels of society. I encourage you to take recommendations of state and federal governments, including the CDC, seriously: shelter-in-place if possible, practice social distancing, wear a cloth facemask if going into public areas, and adopt a "We're all in this together" attitude. The sooner that we can flatten the curve, the sooner we can get back to work, helping families, individuals, and children.
TL, DR: This is a tricky and complex time. While courts are not moving much at the moment, it is actually a good time to file a new case and complete some of the initial, required work. A delay in filing now will likely result in extensive delays as court dockets continue to grow. The timing of bringing your case can have serious legal implications and are best discussed with a knowledgeable attorney. Even in uncontested divorces, consultation with an attorney is wise. Please take care of yourselves and your families!
* Most courts are currently closed to family law issues. Courts are largely shut down (with the exception of, e.g., pressing criminal matters). Counties seem to be varying the times their courts are attempting to reopen (and, of course, those dates are not guaranteed. The reality of the situation in May/June may dictact further court closures.) No new cases of this firm are being set for anything (review hearings, status conferences, or hearings) prior to at least June 1, and many later than that.
* Filing timelines for new cases: In Colorado, the minimum number of days between the commencement and conclusion of a divorce is 91 days. If you decide a divorce (or other initial filing, such as bringing an Allocation of Parental Rights issue) is appropriate for you, now is a good time to get the case filed and some of the early work (e.g. Sworn Financial Statements) completed on your case. With proper quarantining measures, hopefully things will be opening back up in the next few months, and we can have your case queued for a status conference in the near future. Delaying filing will likely see a substantial delay in the time that it takes the court to get to your case, as it will come back to work with a very significant backlog.
* A rise in uncontested divorces: The economy has been hit hard, and I predict that a) the divorce rate will stay the same or rise, and b) many parties will try to do it themselves. Depending on your circumstances, that may be quite reasonable. However, in all cases that involve either minor children or a lengthy marriage, I would strongly encourage you to have an attorney review or help draft the final agreements (Separation Agreement, Parenting Plan). Even with shorter marriages and no children, such consultation would be prudent. This firm is available for any level of involvement requested by the client(s) or party(ies): this firm can serve as a mediator between parties, as a clerical lawyer hired by both parties (but representing neither) to prepare documents and provide general advice, as an as-needed consultation attorney, or as a traditional, full-representation attorney. The attorney hours spent on an uncontested divorce are not extravagant, and you will gain piece of mind knowing that your documents are compliant with Colorado law and avoid many of the common pitfalls found in self-drafted documents.
* If you have an existing case and are struggling with child support, parenting disputes, etc., a few points: 1) The Court will likely not be able to hear your case in the next few weeks. (It is possible that an emergency hearing would be conducted telephonically or via video, but this would depend on the discretion of the judge); 2) Despite the lack of immediate court attention, the failure to file timely may have implications both on your case (e.g. in a Motion to Modify Child Support, the court can modify back to the date that the Motion was filed), and the amount of time that it eventually takes the court to address your matter. Therefore, you should consider consulting an attorney to discuss the timing of bringing your issue; 3) In the meantime (and as always), parents are encouraged to work together to the extent possible to resolve any issues, even if such resolution is just a band-aid until courts reopen. Please continue to consider what is the best interests of your child's health and safety.
* This pandemic is unprecedented in all of our lifetimes, and reaches nearly all levels of society. I encourage you to take recommendations of state and federal governments, including the CDC, seriously: shelter-in-place if possible, practice social distancing, wear a cloth facemask if going into public areas, and adopt a "We're all in this together" attitude. The sooner that we can flatten the curve, the sooner we can get back to work, helping families, individuals, and children.
TL, DR: This is a tricky and complex time. While courts are not moving much at the moment, it is actually a good time to file a new case and complete some of the initial, required work. A delay in filing now will likely result in extensive delays as court dockets continue to grow. The timing of bringing your case can have serious legal implications and are best discussed with a knowledgeable attorney. Even in uncontested divorces, consultation with an attorney is wise. Please take care of yourselves and your families!
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