A married couple have felt like their marriage is on the brink for over a decade, but they have stayed together for their kids, who are now teenagers. They have both been required to work from home during the coronavirus pandemic. The husband’s work hours have been cut as his company struggles to stay open. They finally decided to file for divorce. They have both hired lawyers and they have come to an agreement on all of the significant issues regarding the divorce. They need to schedule a prove-up hearing, but will they be able to do so? But what happens if they need to file a motion after their divorce has been finalized?
Filing for Post-Decree Motions
The COVID-19 pandemic has impacted nearly every aspect of our lives. People who have a pending divorce case or need to file a post-divorce decree motion have also been negatively affected. In this case, the couple has already agreed on property division and custodial arrangements. One party needs to petition the court for a prove-up hearing to finalize the divorce. Courts are still holding divorce hearings over Zoom, as long as the parties abide by the Chief Judge’s General Order. What happens if you need to change your custody or spousal support arrangement by filing a post-decree motion?
Suppose you are the subject of a temporary or permanent parenting time order. In that case, the order will still control your parenting plane in all instances, even if the school closures affect your schedule. You can still modify your orders by agreeing with your co-parent to the change. In this case, the court will presume that you will both act in your children’s best interests.
Non-Emergency Post-Decree Motions
You can still file and serve a non-emergency motion on the other party, along with a copy of the Chief Judge’s General Order (2020 D-13). The other part will have 21 days to respond, allowing your motion to move forward without the need to appear before the court so the court can request the motion.
Emergency Family Law Issues
Some family law issues are emergencies. For example, suppose one parent has become physically abusive with the children. In that case, you will be able to file an Emergency order of protection, and the courts will review your matter quickly and efficiently. Courts are still giving precedence to emergency no-contact orders, civil orders of protection, and stalking no-contact orders. In true emergencies, your lawyer will be able to help you resolve your matter remotely with an enforceable court order.
At Glasgow & Olsson, We are Working Hard During the Coronavirus Pandemic
If you are unsure how the courts will handle your need for a post-decree motion, we understand. The skilled lawyers at Glasgow & Olsson continue to work hard during this unprecedented time. When you need a lawyer, experience matters. Contact Glasgow & Olsson today to schedule your consultation. We will represent your interests and help you navigate through the Cook County court system.