Divorce Now or Wait until the Pandemic is Over? A Few Reasons to Consider Filing for Divorce Now

 Posted on December 30, 2020 in Family Law

With so much uncertainty in our world created by the COVID-19 health crisis, many Illinois residents have put their life plans on hold. For some people this includes filing for a divorce that they know is inevitable. Let’s take a look at some of the common reasons that people are waiting for the pandemic to end before filing for divorce and why waiting might not be necessary. We will also address some reasons why filing now might actually be to your advantage

Common Assumption #1: The Divorce Courts Are Closed

Many couples believe that they cannot obtain a divorce because the Illinois divorce courts are not open and a divorce case cannot be filed.

NOT TRUE: the counties that we where we routinely practice divorce and paternity law are open and actively hearing cases. Cook county, DuPage County, Will County, Kane, Kendall counties are all open for business. Dissolutions of Marriage, including post dissolution cases as well as paternity (parentage cases) for unmarried parents of minor children are now available.

Common Assumption #2: It Will Cost Me Too Much

The financial cost of a divorce is a legitimate concern for many couples. The financial impact of the pandemic has also led many to believe they cannot afford to make any life changes right now.

NOT TRUE: Once again, this is not true. In fact, the opposite is true, it will be less expensive to file and proceed with your case now rather than wait for the pandemic to be over.

One reason is the divorce/paternity courts, are not requiring in person court appearances by the parties but instead conduct the majority of their business using Zoom or other virtual meetings over the internet.

Here’s where the cost savings are: since there is no physical court appearance, the attorney’s fees and costs will be less since your attorney is not making in-person court appearances, and he or she does not have to travel back-and-forth to the courthouse to handle your case. Therefore you will not be charged for travel expenses. In addition, what is commonly called court status, which are dates when the court has the attorneys alone appear to make sure that the case is proceeding through the system are now remote. Lawyers are not required to appear in person for court appearances, resulting in lower lawyer fees and costs.

Common Assumption #3: My Case Will Move Too Slowly

It is common belief that divorce and parentage (paternity) cases move too slowly through the court system, leading to increased costs and long-term stress.

NOT TRUE: Because of the pandemic, Divorce and Parentage Courts are conducting business remotely so Judges have more time to spend on cases. A case is more likely to move quickly through the system than before the pandemic.

Some Advantages

In addition to the common misconceptions, there are a couple of other reasons why you might consider filing for a divorce now, including:

• Market Conditions Can Help Homeowners: With divorces in particular, certain issues are easier in the pandemic.  For example, in a divorce if one party wants to keep the marital residence and still has a job getting a mortgage is easier because the mortgage interest rates are low. For example, a 30-year fixed rate mortgage can be found for under 3% interest.
• Waiting Could Cost You More: If you are the spouse who is the primary-wage earner and you wait to divorce, you might be required to pay more to your ex-spouse. For example, if you have a pension, profit-sharing plan or another type of retirement plan the longer you wait the more your spouse will receive in the divorce.

Contact a Hinsdale Divorce Lawyer

Finally, if you want a divorce now is the time to file.  There is no excuse to delay the rest of your life. For more information, contact a DuPage County divorce attorney at Martoccio & Martoccio today. Call 630-920-8855 to schedule a free consultation and case evaluation today. We will provide the guidance you need as look to move forward.