Family Law Update

COVID19 has affected every American in different levels.  It has interrupted all businesses, including court schedules and procedures.  Since Governor Lamont’s Executive Order 7G on March 10, 2020 and until now, the Judicial Branch of Connecticut has only been able to hear Priority 1 Business matters.  You may click here to find an extensive list of these matters: https://jud.ct.gov/COVID19.htm

The questions that I get from my clients since the pandemic started are: “What happens to my case now?” “When will I get my divorce finalized?” “My ex will not let me see our kid.  He/she is in contempt and I want to take him/her to court.”

          Up until recently, the truth is that Connecticut attorneys did not have an answer to any of these questions, as no direction was given to us to be able to answer them.  The only thing we could do and did was to file the appropriate motions, file new cases electronically and work on our cases as best as we could.  Unlike popular belief, a lot of an attorney’s work is done behind scenes, sort of speak, and not in the courtroom.

          The Family Law section of the Connecticut Bar Association created a Taskforce to get answers to our clients’ questions as well as some direction for us family law practitioners.  The Taskforce has worked and is still working enthusiastically and diligently to convey our concerns and questions to the Judicial Branch.  As a result, I am happy to report that things are moving forward, however so slowly.  The following information applies strictly to family law matters throughout the State of Connecticut.  Please be aware that some judicial districts are more actively dealing with these matters than others, as a result of certain court closures and skeleton staff at the open courts.

          Effective May 11, 2020, family pretrials and status conferences are being be held remotely.  Electronic notices have already started going out to attorneys and the turnaround time is usually less than 48 hours.  Clients are not required to be present for the pretrials or status conferences, but they should make themselves available during the scheduled time, so that their attorneys can get in touch with them, should the need arise.  At this time, notices are issued for family matters that both sides have counsel.  We hope to have some guidance for cases where there is a pro-se party on one side as to how they proceed with a pretrial or status conference.

          Pretrials and status conferences are very important as they can move a case along and address any discovery issues still pending before the case is set for trial, or a settlement can be reached.

          At this time, no Show Cause/Modification matters are being assigned a hearing date.  If you have already filed your motion, do not refile.  If you need to file a Motion for Modification, the right time is now.  Do not wait until the Courts are open for normal business, as you may get relief retroactively to the date of the filing of your motion.

          Also, Short Calendar hearings are not been rescheduled at this time and neither are matters that were set for trial, or that were at trial at the time of the “stay-at-home” order was issued.  At this time, we do not know what happens after the 90 day reclaim deadline for short calendar motions has passed, meaning we do not know if we will be able to reclaim said motions, or refile them.

          If you and your spouse have an agreement on all issues regarding your divorce, you can get all the necessary documents ready to send in to court for review and approval.  Be aware that the courts are reviewing all the agreements and supporting documentation. If something raises a concern or the court has a question, the court may request a status conference or ask for more documentation.  The way to minimize the risk of having your settlement agreement being rejected by the court is to hire a family law attorney to make sure that the appropriate language is included in the settlement agreement and all necessary documents are provided to the court.  Here is the link with more information including forms: https://www.jud.ct.gov/family/FArequest.htm

          Furthermore, before any final judgment is entered in a divorce or custody matter, the parties must complete a parenting education class.  The hope is that the classes will be offered virtually, or parties can use a comparable online class to satisfy the requirement.  We are waiting to get more direction on this issue.  In the alternative, provisions can be put in place in the final judgment to address the issue.  With regards to Qualified Domestic Relations Orders (“QDROs”), we are still waiting on direction and guidelines from the Judicial Branch. 

          I hope you find this information helpful.  We will continue to inform our community as new information regarding family law matters becomes available.