Archives for August 2020

The novel coronavirus has put a strain on families from emotional to financially, but no place has the impact been felt more powerfully than in homes and families across the nation.  If too much time together is making you feel like it’s time to end your marriage, you are not alone.  If you have already split up, then Covid may be putting pressure on how you interact with your ex and manage sharing children in the new normal.  This article will discuss some of the trends that may be impacting how you feel and talk about coping strategies for thriving emotionally during this time. 

 

• Divorce Rates May Spike in the Wake of Covid

 

Divorce rates are likely to spike in the wake of Covid.  An article on Bloomberg.com reported that cities in China reported record highs in divorce filings in March when China started to open up.  See https://www.bloomberg.com/news/articles/2020-03-31/divorces-spike-in-china-after-coronavirus-quarantines   A study in Washington demonstrated that couples often divorce when they are together for a long period of time. See https://www.psychologytoday.com/us/blog/the-new-resilience/201609/back-vacation-and-now-more-likely-divorce.  Relationship experts and attorneys have speculated that divorce rates will in the aftermath of couples being forced to interact with each other and engage in different ways. 

How to cope:  If you are considering divorce, one powerful coping mechanism is to get more information.  Talk to a divorce attorney and find out what the financial and familial ramifications would be.  Knowledge is power and will help you handle the Covid stresses on marriage, whether you ultimately decide to stay together or to separate. 

 

 

• Birthrates are Down 

 

You’d think that with a lot of time at home and not much to do that babies would be the business of the day, but not so, according to a recent article on Bloomberg.com.    https://www.bloomberg.com/news/articles/2020-07-29/coronavirus-pandemic-americans-aren-t-making-babies-in-crisis  Apparently, the financial stresses with Covid unemployment and economic strains and concerns about the future are forcing many couples to put family plans on hold.  For couples who need help conceiving, many fertility clinics were closed for several months during Covid lockdowns, which created a delay in treatments for infertile couples, and the economic impact may prevent some infertile couples from being able to afford treatments soon.

How to cope:  If Covid is impacting your family planning, you may want to confide in a friend or therapist.  For some, just voicing concerns about what is often a private matter between couples, can help alleviate some of the stress. 

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•  Covid May Impact Custody Arrangements 

 

Since Covid resulted in changes in work schedules and school schedules, you may be finding yourself at odds with your ex-spouse as these changes disrupt your custody patterns.  

How to cope:  The first step is to evaluate what the current situation is and how it can be better objectively.  Try to look at the situation as if you were a judge evaluating a request from one of the parties to modify the order relating to custody.  For some, you may be able to find a compromise position that will work in the new normal.  For others, the way to cope may be to seek legal counsel to advocate for you to change what was set in place before the world was disrupted.   

 

Conclusion:  If you are feeling stressed, you are not alone

If you are feeling anxiety or stress from the Covid world, you are not alone.  A study of people in Hong Kong in the wake of the 2002-03 SARS epidemic found that a year after the outbreak, SARS survivors still had elevated stress levels and worrying levels of psychological distress including depression and anxiety.  See https://www.bbc.com/future/article/20200601-how-is-covid-19-is-affecting-relationships.  There are a myriad of mechanisms for finding peace in these difficult times:  reach out to a friend, get more connected with nature, find an outlet that you enjoy that can be done while distancing such as journaling, painting, cooking, etc.  If you feel like you need legal advice on divorce or custodial challenges, don’t hesitate to contact David Knecht, an experienced family law attorney who can advise you on your options and help you take action if that is the course that is right for you. 

 

In March 2020, the Governor issued an executive order giving authority to adopt emergency rules of court.  See https://www.bbc.com/future/article/20200601-how-is-covid-19-is-affecting-relationships.  This article will discuss some of the changes that were adopted to allow California courts to respond to the Covid pandemic and provide information on the current :

 

• In March 2020, time periods on hearings and trials were extended. 

 

The Judicial Council took action to extend the time periods on hearings and trials and to encourage the use of technology in the court. 

 

• In April 2020, Temporary Emergency rules were adopted,

On April 6, 2020, the council voted remotely to approve 11 temporary emergency rules, including adoption of a COVID-bail schedule, staying eviction and foreclosure proceedings, extending statutes of limitations in civil actions, and extending timeframes for restraining orders. Two additional rules were added relating to electronic service and requests to modify child, spousal, partner, or family support. 

 

•  In June 2020, Authority for bail schedules returned to local trial courts. 

On June 10, 2020, the council voted remotely to repeal emergency rule 4 relating to the COVID-bail schedule, returning the authority to set county bail schedules to local trial courts.

 

• What were the limitations on evictions and foreclosures from the April 2020 Emergency Rule making.

Emergency rule 1 deals with unlawful detainer actions or “eviction actions,” and does not allow issuance of summons or entering of defaults in such actions unless the case involves public health and safety issues.  The trials have to be set 60 days after a request for trial. 

The second rule addresses judicial foreclosure actions, staying all pending actions other than those involving issues of public health and safety, tolling the statute of limitations on filing such actions, and extending the deadlines for election or exercise of rights relating to such actions.

 

•  How have the April 2020 rules changed and where are we now?  

As of August 13, 2020 the Judicial Council repealed emergency orders suspending foreclosure and unlawful detainer actions in California’s courts, effective September 1, 2020.  See  https://www.courthousenews.com/california-court-administrator-repeals-emergency-bans-on-foreclosures-and-evictions/.  According to David Chiu, this is good news as it gives enough time for lawmakers to pass  a bill that provides protection from eviction.  Two bills are currently being debated in the Assembly and Senate.  One, Assembly Bill 1436, https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1436, would give tenants a period of time to earn money and pay it back, but would remove eviction as a remedy, but that measure is receiving some opposition from landlords who doesn’t feel that it gives them enough tools to avoid foreclosure since landlords would not be able to evict non-paying tenants until 2020.  Another bill, http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB1410, provides landlords will sellable tax credits to cover rent losses, but small landlords wouldn’t be unable to redeem the credits until 2024, which may mean too much stress on small landlords.  

Whether you are a landlord or a tenant, the law is evolving, so seek legal advice.

With so much evolution in the law regarding landlords and tenants, many landlords or tenants facing eviction may need competent advice on what their rights are during the pandemic.  Contact an attorney for guidance on how to best proceed in the ever evolving landlord-tenant legal structure.