COVID-19: Finalizing a Divorce or Custody Matter Remotely - Jonathan M. Stanley

TLDR: You can handle your domestic relations case without having to appear in-person at Court.

The current COVID-19/Coronavirus pandemic has had a severe effect on many Courts’ ability to process cases.  Most Courts have postponed all non-emergency hearings until further notice, and we do not yet have a timeline for when Courts may open back up.  Even once Courts begin to allow in-person hearings again, the number of cases heard per day may be drastically reduced in the interest of hygiene and social distancing.  These delays are having the effect of preventing Parties from moving forward with their domestic relations matters AND it is going to inevitably cause a bottleneck of cases in the Court system which may cause further delays once the Courts open back up. 

However, Courts are also increasingly embracing technology in order to help them process cases and make sure that Parties are able to get relief in a timely manner.  This means that Parties do not have to wait for the Courts to reopen in order to begin (and in many cases finalize) their domestic relations cases. So, how can you move forward with your case?

Consultations –

If you have legal issues, our office is still conducting free consultations.  In the interest of safety, we have suspended office visits.  However, we are still conducting telephone consultations daily.  We can go over the specific facts of your case and give you our input about how you can best proceed.  In the event that you choose to retain our office, all of the necessary documents can either be mailed and/or emailed to you and returned to our office in the same way.

Drafting –

Once our office has been retained, we can begin drafting all the documents necessary for your specific case.  Drafts of the documents can be emailed, and we can schedule telephone conferences to discuss any changes that need to be made.

Signing/Notarization –

Many of the necessary documents need to be signed and/or notarized prior to being filed with the Court.  Documents that only require a signature are simple.  Scans of the document can be emailed or mailed to us or dropped off at the drop-box for our office.  There are also resources available so that documents can be notarized.  First, we are still able to schedule appointments and meet clients outside of our building in order to review and notarize documents.  Second, shipping stores such as Fed-Ex and UPS usually have notary services available and have remained open during the lock-down.  However, we always recommend that you contact the store prior to your visit to make sure that a notary will be available when you come in.  Finally, Ohio recently approved the use of online notary services.  There are numerous online sources available and we can also provide referrals to colleagues that can provide notary services for a reasonable fee.

Filing –

Courts are still accepting new filings during the shutdown.  Many larger counties (i.e. Franklin, Delaware, Cuyahoga, etc.) have modern electronic filing systems that allow documents to be quickly and easily filed over the internet.  In the event that your county does not allow for electronic filing, the Clerk of Courts typically allow for filing via fax.   

Contested Matters –

Generally speaking, most Courts have suspended in-person hearings for non-emergency matters.  The types of hearings that are still ongoing are preliminary hearings, emergency custody hearings, civil protection orders, bond hearings, and shelter care hearings.  However, just because your situation does not qualify for one of these limited exceptions does not mean that your situation is not important and does not require the immediate intervention of the Court.  Many Courts are expanding their use of video and tele-conferencing technologies to allow non-emergency hearings to move forward.  Many pre-scheduled in-person hearings can also be converted to video conferences by permission of the Judge or Magistrate.  This allows Parties to move their cases along while we wait for Courts to begin resuming normal operations.

Uncontested Matters –

In situations where you have already reached an agreement with the other Party, a final hearing can likely be held remotely without the requirement of having to appear in-person at Court.  Once agreed documents have been signed and filed with the Court, many Judges are allowing uncontested final hearings to be held via video conference.  However, there is no overarching policy regarding video hearings and these requests are being granted on a case-by-case basis.  In uncontested divorce, dissolution, or legal separation matters you also have the option of utilizing the services of a private Judge to complete the hearing.  Once the private Judge has been appointed to the case, we can schedule a final hearing to be held via video conference.

The expansion of technology means that you do not need to have your case delayed by the current shutdown.  Parties can have their cases handled without the added risk of having to violate social distancing guidelines.  Please contact our office if you have questions about your specific case.  To set up a free consultation give us a call at 614-670-8103 or visit our website at DSFlawfirm.com.

Jonathan M. Stanley, Esq.