Contact Us (602) 285-5500

FAQs

Frequently Asked Questions | Hallier Lawrence Law Firm

I was supposed to have a trial to finish my divorce, but it has been cancelled because of the current court restrictions due to coronavirus. What do I do now?

The courts have not yet rescheduled many trials that were cancelled, and those that have been rescheduled are delayed. The good news is that many judges have begun scheduling video conferences and trials through the GoToMeeting platform, in order for cases to move through the court system without the need for in-person appearances. Given the backlog that exists, this is a good time to work on settling your case, even if that did not seem possible before. Many people are now more motivated to settle given the current stay-at-home recommendations and economic changes. We can help you finalize agreements that you reach with your spouse for filing with the court, or act as a mediator to help you reach agreements.

Frequently Asked Questions | Hallier Lawrence Law Firm
The Covid-19 quarantine has caused my income to be reduced. Can I modify my spousal maintenance obligation?

The Covid-19 quarantine has caused my income to be reduced. Can I modify child support or spousal maintenance?

Child support can be modified based upon a change of circumstances that would change the current child support obligation by 15% or more. Spousal maintenance may be modified if it is modifiable spousal maintenance (some agreements state spousal maintenance is non-modifiable) and there is a change of circumstances that would warrant a change. Our office is operating virtually, so we can help you determine whether you qualify to have your child support or spousal maintenance modified.

Virtual Consultation Services | Hallier Law Firm

Can I start my divorce during the Covid-19 lockdown?

Yes. Although many courts are currently closed to the public, they are still accepting new filings. Our office is operating virtually, so we are here to help you through that process, and we can answer any questions you may have.

Virtual Consultation Services | Hallier Law Firm
Do I have to honor my parenting plan during the Covid-19 lockdown?

Do I have to honor my parenting plan during the Covid-19 lockdown?

In Maricopa and Pinal counties, the courts have issued guidelines that require parents to follow their current parenting plan during the lockdown unless the court makes a different order in their case. If you have concerns about your co-parent’s behavior during the Covid-19 pandemic, we are available virtually to answer your questions.

What if my case gets continued due to the Covid-19 lockdown?

I have an emergency in my case involving my children. My ex wants to continue parenting time at his house, even though his live-in girlfriend has tested positive for coronavirus and is still sick. What do I do?

The Maricopa Superior Court has issued directives for parenting time during the coronavirus pandemic. However, even though the courts are minimally staffed and operating at this time, they are still addressing emergency matters. The risk of exposing children to a known carrier of the virus who still has symptoms would likely be considered an emergency matter by the court. We can help you petition the court, if appropriate, for an emergency order to suspend parenting time until your ex’s girlfriend is virus-free.

What if my case gets continued due to the Covid-19 lockdown?
I was supposed to have a trial to finish my divorce, but it has been cancelled because of the current court restrictions due to coronavirus. What do I do now?

Can my wife and I still separate in the midst of the coronavirus?

Yes. There is no prohibition against establishing separate residences at this time. And you can still file for a divorce or legal separation. If you have children, you will want to work on agreeing to a parenting time schedule between households. You should also discuss how finances will be handled between the two households. We can help you mediate these issues by phone or Zoom, if you need assistance.

I have an emergency in my case involving my children. COVID Child Custody FAQs

The stay at home orders have made living with my spouse unbearable. My spouse is becoming more aggressive with me and the kids every day that we are quarantined. Can I get an order of protection during the COVID-19 pandemic?

The courts remain open on a limited basis to deal with emergency situations, especially domestic violence, during the Coronavirus situation. If living with your spouse is putting you or your children at risk of abuse at the hands of your spouse, you can, and should, seek an order of protection to have him or her excluded from the home. We can assist you with the process.

I have an emergency in my case involving my children. COVID Child Custody FAQs