Expect More Delays from the Pandemic

I just heard that the State Fair of Texas has been cancelled this year. That's the first time since WWII. The cancellation is a pretty big deal.

This cancellation is a clear indication that there is no expectation of the pandemic ending anytime soon. The State Fair run ends near the end of October. Obviously, the expectation is that the pandemic will still be strong then.

The reason I mention all that is to remind people that the courts will be mostly operating remotely through the Fall, and probably into next Spring or even Summer. Remote hearings are an awkward way of resolving legal disputes.

If you want a faster and more personalized way to settle divorce or other family law issues, you should seriously consider trying Collaborative Law. You will need two trained Collaborative attorneys, one for each party; not all attorneys are trained or interested in doing Collaborative cases. It is a different skill set and some people don't want to change or try something new.

Caution: If you interview an attorney and the attorney tries to talk you out of using Collaborative, please do yourself a favor and get a second opinion from a trained and experienced Collaborative attorney. The first attorney probably doesn't really handle Collaborative cases.

Good luck and stay safe!

Expect Delays at Court -- What Can You Do?

Courts Shut Down
For at least the next four months, and likely longer, the Family Law courts are going to be backed up everywhere. In Texas, our courts statewide have been shut down since about the middle of March. They may re-open June 1, 2020, but it could be later.

Backlog of Cases
When the courts finally re-open, there will be a rush to the courthouse. By then, there will have been about 2 1/2 months of no court. Most of the issues don't go away. At best, a bandaid is devised with the idea that the issue will be resolved later.

Greater Number of Cases
You should expect a big log jam of cases on June 1. We will have the 2 1/2 months worth of cases, plus new cases starting up. On top of that, we may have a larger volume of cases being filed as the Covid-19 quarantine may have been too much closeness and stress for some marriages to continue.

What Can You Do?
1. You can wait in line to be heard. That could take weeks or a month or two instead of the usual days. If your issue isn't too urgent, waiting won't hurt. If there is urgency, you could have a hard time.

2. You and your attorney can negotiate. In the old days, that's the way a lot of cases were resolved. It may be an attractive choice so you can get some decisions made, but you don't get your day in court to be heard by a judge (if that matters to you).

3. You can try mediation. Although mediation most often occurs closer to the final trial date, there's nothing wrong with using mediation to work out temporary orders, final orders and even other disputes. In Tarrant County, we have a strong group of mediators, including some former judges, who would be available to mediate.

A Final Thought:
Maybe you should consider the Collaborative process. It's not for just the easy or agreeable cases. It's an excellent approach for resolving all divorce issues, including temporary matters.
You can always switch to Collaborative, if you have a trained Collaborative lawyer.  Better yet, start the case in the Collaborative mode.