Coronavirus Updates: Massachusetts Probate & Family Court News and Update

On May 14th, Hon. Ralph D. Gants, Chief Justice, Supreme Judicial Court, Hon. Mark V. Green, Chief Justice, Appeals Court, and Hon. Paula M. Carey, Chief Justice Trial Court published an open letter offering guidance of future court operations.

"Today, the Supreme Judicial Court, the Appeals Court, and every Trial Court department are hearing and deciding cases virtually, relying on written submissions and telephonic or videoconference hearings. Before May 4, the Trial Court was focused mostly on emergency matters. Now every department, guided by new standing orders, is also hearing an increasing number of nonemergency matters where it is practicable to do so without an in-court hearing. We anticipate that our courthouses will likely remain physically closed in June, but that the number and range of nonemergency matters adjudicated virtually in the Trial Court will continue to grow, such that the Trial Court will endeavor to handle most matters that do not require an in-person court appearance.

"We expect that courthouses will physically reopen this summer, but only in stages and only for certain matters that require in-person appearances. Even as courthouses reopen, we will still need to conduct most court business virtually to reduce the number of lawyers, litigants, and court personnel that come to the courthouse, so that those who must come can do so safely with the necessary social distancing.

"We have no reasonable alternative except to pursue this course for the immediate future. But necessity is the mother of invention, and we shall seize the opportunities arising from such invention. Long before the pandemic, we recognized that the civil courts of the future would need to resolve an increasing number and range of matters without burdening attorneys, litigants, and witnesses with the need to come to a courthouse. By doing so, we would enable attorneys to reduce the time (and therefore the cost) devoted to litigation, spare self-represented litigants from the need to miss work or find child or elder care, and allow civil disputes to be resolved equally thoughtfully but more efficiently. Before the pandemic, we expected that it would take years to make substantial progress in this regard; with the pandemic, we have made substantial progress in just a few months. Therefore, even when this pandemic is behind us, we do not believe we will or should go back to doing things as we did in February. We are, more quickly than many thought we could and with some stumbles along the way, creating amore modern and efficient court system that will survive after the pandemic has passed."

The effective lock-down of the courts in the face of the COVID-19 pandemic does not need to deter couples who have been planning to resolve their divorce through divorce mediation. I offer teleconference and on-line video mediation to quickly and effectively start or continue the divorce process and resolve urgent financial and child-related issues resulting from the coronavirus crisis while the courts are closed.

For more information or to schedule a free, no-obligation, private, confidential consultation visit FalmouthMediation.com or call 508-566-4159.

Mediation While Courts are Closed Due to Coronavirus

With the courthouses closed and judicial resources earmarked for emergencies, parties engaged in litigation are faced with fewer options, especially if they are seeking the speedy resolution of their claims. A mediator can break the litigation log jam that Covid-19 has caused.

Parties who are involved in a contested divorce or family law case do not give up their litigation case simply because they participate in mediation. If an agreement cannot be reached – or if one or both parties decide the mediation process is not for them – they can always return to litigation. Because mediation is completely confidential, no offer or statements made during the mediation process is admissible in the court case.

Mediation during “paused” litigation can also be helpful for parties seeking to resolve a narrow, temporary issue along the path to a final resolution. For example, parents with a contested child custody case might turn to a mediator to establish a temporary parenting plan, which the parties can follow as they await the re-opening of the courts. In other words, parties in litigation can use mediation to resolve short-term issues within the litigation itself.

Even after Probate Courts re-open their doors, the backlog of cases that have piled up during the shutdown, coupled with the rush of filings that will come as soon as the state’s lock-down relaxes, will prevent litigants from receiving speedy hearings for months. The “new normal” for the remainder of 2020 is likely to include lengthy delays for non-emergency hearings.

Post-pandemic, courts will need to carefully ration the length and frequency of hearings as they dig out of the hole created by Covid-19 with limited resources. Alternative dispute resolution will be a crucial tool for parties to move their matters forward in a timely manner.  Whether you are seeking a final resolution of your case, or find yourself dealing with challenging short-term issue, mediation can help now and in the future.

The effective lock-down of the courts in the face of the COVID-19 pandemic does not need to deter couples who have been planning to resolve their divorce through divorce mediation. I offer teleconference and on-line video mediation to quickly and effectively start or continue the divorce process and resolve urgent financial and child-related issues resulting from the coronavirus crisis while the courts are closed.

For more information or to schedule a free, no-obligation, private, confidential consultation visit FalmouthMediation.com or call 508-566-4159.

5 Tips For A Healthy Divorce Mindset During These Challenging Times

Divorce can stop us in our tracks and overwhelm anyone with anxiety, sadness and depression. This is especially true for parents who have the added responsibility of caring for innocent children. Now we are confronted by an additional challenge: coping with divorce during a pandemic health crisis. And it’s up to us to create a positive mindset not only for ourselves, but for our children as well.

In this excellent blog posting, Rosalind Sedacca offers 5 important keys to keeping a positive perspective during these tough times.

For more information or to schedule a free, no-obligation, private, confidential consultation visit FalmouthMediation.com or call 508-566-4159.

Co-Parenting and COVID-19: Choosing not to Go to War With Your Ex

When it comes to co-parenting, settling into a consistent routine is usually in every family member's best interest. However, because of the novel Coronavirus, many co-parenting schedules are getting turned on their heads.

In this excellent blog posting, Jenny Amanna shares a very personal account of her decision not to fight her husband's insistence that their two sons remain with him, at his house, and she not be allowed to visit during the COVID-19 outbreak.

As Jenny writes, "Divorce sucks and co-parenting is hard. Co-parenting after a brutal divorce is even harder. And co-parenting after a brutal divorce and through the middle of a worldwide pandemic is enough to make even the best parents go insane. I want to keep laughing, keep loving, keep learning and keep growing - and above all else, I just want to keep going - life’s different right now, it’s stressful and scary and overwhelming, and the winds are shifting and instead of fighting, I am choosing to adjust the sails."

For more information or to schedule a free, no-obligation, private, confidential consultation visit FalmouthMediation.com or call 508-566-4159.