SPONSORED CONTENT PANDEMIC DIVORCE FAMILY LAW IN THE TIME OF COVID As the pandemic continues, divorce rates are reportedly rising as couples deal with fallout from health crises, lockdowns, job losses, e-learning, financial stress and more. “ . . . THERE’S A LACK OF TOLERANCE IN THE COURT SYSTEM FOR PARENTS USING THE PANDEMIC TO TRY TO DENY ACCESS BETWEEN A CHILD AND THE OTHER PARENT.” — TIMOTHY M. DAW, SCHILLER DUCANTO & FLECK LLP Daw: There’s been a significant are motivated to reach conclusions. tolerance in the court system for approach—generally, the lowest form increase in people consulting with These remote proceedings require parents using the pandemic to try of value. While certain businesses are us to gather information about the additional preparation and planning. to deny access between a child and doing very well despite or because of process and the issues they might Unfortunately, some individuals the other parent. At the same time, the pandemic, even in these instances, TIMOTHY M. DAW face. There’s also been an increase take these proceedings less seriously. the court system is also having issues value can be negatively affected Senior Partner in filings. The unprecedented Having a witness sworn in person with parents who lack the proper because the current successes of the Schiller DuCanto & Fleck LLP combination of health and financial before a judge is a better option appreciation for the seriousness of the business may not be replicated going tdaw@sdflaw.com uncertainty is taking a toll on family when it’s possible to do so. As to current crisis by placing their families forward. 630-784-7412 dynamics and relationships. This attorney-client privilege, the rules at additional risk. uncertainty, anxiety and fear are have not changed whether a matter What advice do you have driving some people to question is heard electronically or in person. If an individual with a for someone considering a TIMOTHY M. DAW is a senior where they are and who they’re with Communication, with certain support obligation—child or divorce at this time? partner at Schiller DuCanto & in their lives. This, in turn, fuels exceptions, between an attorney and spousal—has experienced Fleck LLP, a family law firm with the increase in consultations and client remains absolutely privileged a drop in their income as Daw: For those who chose to file for offices in Chicago, Lake Forest eventually, in many instances, the and can only be waived by the client. a result of COVID-19, what dissolution of marriage at this time, and Wheaton. He has more than filings. steps can that person take avoid litigation if possible. Many cases 35 years of experience litigating Are there other ways the to modify their support can be settled with good attorneys on and negotiating complex What’s the biggest change pandemic has impacted how obligation? each side, the sharing of the necessary family law cases, and has been in how the court system is you operate your practice? information and the willingness of recognized by his peers and currently handling divorces Daw: If there’s been a substantial the parties to compromise and reach the community for his trial and and related matters? Daw: We have an obligation to not change in circumstances and a agreements. For issues that can’t litigation skills. He has been only safeguard our clients’ interests, motion is not filed, the person be settled this way, I advise clients listed among the Best Lawyers Daw: Early in the pandemic, the but also the interests of the people obligated to pay the support will need to consider an alternative dispute in America by Neifeh and Smith, court system was largely paralyzed. who work with us, as well as our to continue regardless of the change. resolution process. It requires a is an Illinois Super Lawyer and a As a result, the remote/virtual families and ourselves. We’ve had No one, especially the judge, knows high degree of information sharing, member of the Leading Lawyers court system took hold. The virtual the ability to work remotely for some how long the economic uncertainty a level of trust between the parties, Network. system works well with routine time, but not on the scale experienced will last or what the economy will and attorneys willing and able to court appearances and well-defined earlier this year. An even greater look like down the road. It’s essential facilitate the process. The emphasis non-complex issues. It doesn’t work level of communication has evolved to have documentation of the change in these scenarios is to try to avoid well for the more complicated family in multiple formats with clients that as well as any support for how long the uncertainty, time and expenses law cases that require litigation and we currently don’t regularly see in the change may persist. If the change inherent in litigation, especially in the substantial evidentiary hearings. It’s person. Video communications— is believed to be only temporary, in current environment. anticipated that at some point in the instead of phone, emails and/or text addition to filing something, it may not-so-distant future a combination communications—has been very make sense to work with the other What options are available to What’s the most common of in-person and virtual proceedings helpful for some clients who respond person to arrive at a short-term those who want to proceed question or concern you’re dictated by the issues in the case will better to a more personal visual and solution and revisit the support issue with a divorce, but prefer not hearing from clients who are be the new norm. Many of us believe auditory communication format. in the future. However, any agreed- to litigate, and have those currently contemplating a the virtual system will continue to Overall, the pandemic has made our upon modification needs be in a court options changed since the divorce? increase, even post-pandemic, to lawyers work differently, and in many order—or incorporated by reference pandemic began? take pressure off of the court system, instances, harder to achieve results for into an order—and approved by the Timothy M. Daw: People are which was overwhelmed even before our clients. court. Daw: The options have not changed trying to deal with great financial COVID. We hope this will allow dramatically. A starting place is to and emotional uncertainty, much more time for those cases that need How has COVID affected How has the pandemic hire attorneys who will work with like what we saw in 2008 and 2009. the system’s help for resolution. parenting issues such as impacted business their respective clients and with Costs of a divorce are of concern, visitation, childcare, holidays valuations, as they relate to each other to define and wherever as is the time the matter will be What impact has video and travel? divorce settlements? possible resolve as many issues as pending; in other words, how long conferencing had on the possible. If issues remain, some form their lives will remain in upheaval. process, including the issue Daw: Judges want to make sure Daw: Greater economic uncertainty of alternative dispute resolution People contemplating divorce are of attorney-client privilege? the parent-child relationship is for a business or business such as mediation or collaboration searching for a sense of control over protected and the safety of the environment tends to result in may make sense. In these situations, the process during this period of great Daw: While simple technology child preserved, especially in these more conservative, lower values. especially for more complicated uncertainty. Ultimately the clients are issues can derail virtual court uncertain times. Having a parent Uncertainty as to whether prior cases, attorneys should participate asking about and seeking alternatives appearances, had the court system drive instead of fly to see their child, earnings will continue or what the and provide guidance to the client. to limit the emotional and financial not adopted these technologies, expanding visitation times but with prospects are for future earnings Attorneys bring value based on their costs to the family. the process would have ground to less frequency combined with more creates greater risk. Greater risk experience with complex issues and a halt and stayed grounded. Given face time, video conferences and calls negatively effects value. Because the ability to spot issues that aren’t Has the pandemic affected health considerations, the current have been used by parents separated of income and performance being addressed. The decisions to be the number of divorce filings virtual system is a necessary—but not by great distances from their children. uncertainties, some valuation made are some of the most important you’re seeing? ideal—tool to move cases forward, My experience with these issues has professionals are being more in people’s lives—they need as much provided the clients and attorneys demonstrated that there’s a lack of conservative or opting to use an asset support and guidance as possible.