Category Archives: COVID-19

Some Good Things Coming Out of Covid-19 & Update on Divorce Court Proceedings

While most of what we are seeing in the news is about the negative impact of Covid-19 on our daily lives, there are areas that are also improving.  This is fortunate for us because it provides us a safe harbor to bring a certain normalcy back into our lives, however each of us defines that. It also shows us there is a lot we can still control.

Strengthen/Maintain Family & Friendship Ties

Many of us understand at a deep level the importance of maintaining our family ties.  But we also know that demands on our time from work, children’s extracurricular activities, and an assortment of interesting activities or opportunities can sometimes make it difficult to deepen those ties.  One thing is to absentmindedly interact with our families as we rush in from work, hurrying to make the family dinner or help a child with their schoolwork. Quite another is to be already home, if you are fortunate to work from home; or to have the children already home, if you don’t.  Both situations afford us the opportunity to slow down, as there are no other activities available to rush to next at the end of your day..

Personally, I’m enjoying more time with my brother and his family who live further away from me.  Because my elderly parents and I fall into an at-risk category, we have been able to have regular family events, which include my brother and his family.  We all limit where we go and with whom we come into contact outside this group, and always wear masks.

Finding new ways to spend this family time together or rediscovering old ones can also lead us to getting even closer to our family, beyond the routine things we used to do together.  We can resurrect old games like doing puzzles together, sharing simple cooking tasks with our children; and (at least in Florida, every day), the old past time of I Spy in the Sky (cloud gazing).  None of these activities involves fancy gadgets or spending money, but they go a long way in sharing time together in a different way.  My favorite pastime at the moment is puzzles, the more pieces the better.

Maintaining friendships may be a little harder while maintaining social distance.  But here too there are opportunities: longer phone calls or video calls (Zoom, Facetime, WhatsApp, etc); maybe a socially-distanced walk at a park or backyard picnic if you know your friends are also taking care to be safe on their own.

Opportunities to Slow Down

According to this USA Today article, FOMO, or the fear of missing out, is still out there, but in a quarantine version and easily triggered by social media.  An expert quoted in the article talks about FOMO for what 2020 could have meant for us if there had been no virus.  I’m not a fan of crying over spilled milk so I’m not likely to entertain FOMO as to all the traveling I will not be doing next year—there’s always the possibility of taking road trips here at home.

We obviously can control how much digital media we consume that doesn’t help us have an IRL (in real life) experience that is not particularly  meaningful to us.  And IRL is all that counts.  

Now we can get a new hobby or re-discover an old one, dedicate time to things we may have been interested in before, like cooking, gardening, birdwatching, reading more books (digital or real books).  I’m currently into small DIY home improvements, but running out of opportunities—there’s only so much painting and what-not that I can do without it just being busywork.

We can pick an activity and incorporate it into our new routine, especially if you can do it outside.  Research shows that spending time outside is good for us in terms of our health and psychological well-being.  According to the study, as little as 120 minutes spread out over a week provides benefit, so there is no need to become a weekend warrior when you can spread it over a week.

There’s always more sleep!  We certainly can sneak in some naps or late rising in there.

These two areas provide us a lot of room to feel safe and gain a measure of control of our daily lives, while at the same time giving us the opportunity to bring enjoyment as we go along.

Update on Divorce Court Proceedings

Those of us who practice family and attend some judicial panels are learning that we will probably not be back in person in court for the remainder of the year.  The court buildings will remain closed.

Even after that, there are some new procedures that will remain electronic.  It doesn’t see  as if uncontested divorces will be going back to in-person hearings.  Instead they will continue to be purely electronic documents, with no hearing on the web.

Motion calendars, which are events for 5-minute legal arguments in cases, will probably continue as zoom hearings for judges who elect to do it this way.

I’m finding out that clients who want an uncontested divorce without having to go to court are enjoying how fast the process is without having to drive to court, or deal with technology with which they are not familiar.


For free, downloadable resources about divorce, paternity and domestic violence, visit the free family download page (no email required, just click and get a pdf)

Covid-19 divorce

How Covid-19 is Changing How Family Court Works

Since the pandemic shutdown in early March, the Florida Judicial System has been able to transition in such a way that cases continue to progress through the system in (mostly) an orderly manner. As part of the Florida Judicial System, the Miami Family Court is closed for most civil hearings, like divorce, paternity and non-criminal domestic violence cases. 

Instead, hearings on cases take place using video over the internet.  The most important benefit of using this electronic system is, of course, safety for you, judges, attorneys, court staff and clerks, and all those you would encounter on your way to a hearing in court.  Secondary but huge benefits include saving time in traveling to court as well as not having to take off from work to attend hearings.

Getting a Divorce

If you are considering getting a divorce, you still have the option of doing so in either a contested or an uncontested divorce.  You benefit the most from the new technology if you and your spouse are able to agree to get an uncontested divorce.  In this instance, you will not need to attend hearings either in person or electronically because you essentially are getting your divorce online, from beginning to end.

If you and your spouse are unable to agree so that your divorce is uncontested, then your divorce will still take place as a contested divorce using video hearings.  You will still have to face the longer time frame of contested divorces, and the same expenses such a court reporters, translators (if necessary), etc.

Establishing Paternity

Just like a divorce, paternity cases can be done in an uncontested or contested manner.  Uncontested paternity cases in Miami are done in the same manner as the uncontested divorces.  Similarly, if your paternity case is contested, you face the same issues as if you were getting a contested divorce.

Family Court Services

Our Family Division has a great unit that provide support in family and paternity cases, Family Court Services.  Judges refer divorce cases with children and paternity cases to Family Court Services when the parties and their children need additional services that will support the wellbeing of the family and the resolution of the case. 

Services provided through Family Court Services include crisis assistance, co-parenting, parenting coordination, resolution of time-sharing issues or schedules, referrals for family counseling, individual counseling for children or for children with their parents, supervised visitation and many more.  Many if not all of these services are already being provided through video or telephonic conferences.

Mediation in Family Cases

The In-House Mediation Unit in Miami-Dade County has a designated section for mediating Family Cases.  If your case is going to trial, whether a divorce trial or a paternity trial, you will be required to mediate before the trial.

Perhaps mediation was one of the first proceedings to transition to video. My first video mediation was on March 20, 2020; it was effective and efficient.

In Miami-Dade, mediation in the In-House Unit have been taking place since almost the start of court closure, back on March 16, 2020.  Private mediators seamlessly transitioned into video mediation.

Keeping Up On Covid-19 Measures for Court

You can keep track of Covid-19 related orders and announcements for the Eleventh Judicial Circuit on their Court Covid-19 page.

For questions about divorce, paternity or any other family issue, feel free to contact me at 305-710-9419 or via email.

You can also visit Getting Your Divorce Done Completely Online if your divorce is uncontested.  If your divorce or paternity case seems to be contested or if you have any questions, you can request a case assessment session.

Timesharing and parental responsibility during COVID-19

As you try to keep your children safe during the pandemic emergency, courts are mindful that you may need guidance in terms of your current timesharing arrangement in Florida.

State and county governments have issued orders for residents to remain at home.  Some may call these orders stay-at-home orders; other have shelter-in-place orders.  The Miami family court has issued an amended Order with information that you, as a parent, should carefully review if you have a final judgment, temporary order, settlement timesharing agreement or any other order of the Court awarding parental responsibility or timesharing.

The Order has provisions that can help parents in complying with current orders in their cases as well as to ensure that children continue to have contact with both parents.  While most parents are mindful that their children benefit from contact with both parents, especially during these scary times, some parents regrettably try interfering with parenting time using this COVID-19 emergency as an excuse for the interference.

Download a copy of the order directly from the Miami Family Court website if you have any questions regarding what to do.

As a parent, you face many challenges as you try to keep your children safe during these times.  Keeping a child safe right now also involves their mental health as well as their physical health; and this can be made easier on you by encouraging the child in contact with the other parent.  The bonds between a child and each parent is unique, and contact can go a long way to provide children with a sense of safety and well-being.

Related:

Florida Child Custody