E-Divorce 2021: San Diego Divorce, Paternity and Legal Separation Cases in Family Law Court: COVID 19: Part One

The COVID-19 pandemic has led to E Divorce for San Diego spouses who want to divorce but do not want to wait until after the medical pandemic is over. This not a technical legal term but a procedure for resolving the pending family law case with no personal interaction of either your attorney, opposing attorney or the other party. Court hearings can be scheduled, during this time, virtually as needed for both safety and convenience with Micro Soft Teams. As such, E Divorce is used only for illustration purposes for this article. While the Court in San Diego is open, hearings are by micro soft teams and this is part of E Divorce procedure and protocol per this article. Also, what used to take days for filing can now take weeks due to the effect of COVID 19 on the San Diego Family Law Courts. Doppelt and Forney, APLC has developed a procedure for spouses who don’t want to wait for social distancing restrictions to be removed before filing for divorce. This divorce service, called an E-Divorce, takes some of the pressure off spouses who are staying home in place due to California medical pandemic restrictions and are unable to attend attorney meetings in office and to proceed for resolution now. With an E-Divorce, you can use video conferencing such as zoom, pdf/scan, and other technology to work with your attorney and finalize your divorce from the comfort of your own home. A free consultation, up to 30 minutes, with a California State Bar Licensed and experienced family law attorney can be scheduled by calling 800-769-4748.

The recommended strategy for an E-Divorce is to follow the procedures for the uncontested case on page 3 #3 of FL 182 and link here. This procedure allows for preparation of all mandatory pleadings so that the judgment can be entered without a court appearance. This procedure is efficient but requires agreement on all issues such as custody, visitation, child support, spousal support, division of assets and debts. This procedure allows parties to choose their own settlement without the courts being involved in the negotiation process or making court orders. An attorney can provide you with information regarding parenting plans and how much guideline spousal and/or child support would be in addition to division of the debts and assets per California community property law.

The E-Divorce process begins with your initial call or text or e mail to our firm. Initially, we must determine whether we are legally able to represent you and no conflict of interest. When you call Doppelt and Forney, APLC, you will be asked for your spouse’s or other parent’s name for the purpose of our firm conducting a conflict check prior to setting a consultation for your case. Our firm, as well as all other California family law attorneys, are bound by the State Bar Rules of Professional Conduct and cannot represent both spouses at the same time. A conflict of interest could arise if your spouse, in the past, has had a consultation with any of our firm attorneys.

If we are able to represent you, we’ll set up an initial consultation using our video conferencing program. While the law which applies to every case is the same, the facts for each case are unique and need to be individually analyzed. In the consultation, the attorney will analyze your factual situation and determine whether an E-Divorce is applicable to your case. If you are prepared to move forward following the consultation, we will then request a signed retainer and payment to begin legal representation.

Doppelt and Forney, APLC is a full service family law firm located in San Diego with full time attorneys and staff. Divorce is always stressful and our law office can help guide you through this most difficult and complex process. We recommend, prior to the consultation, to make a list of questions you would like to ask the attorney. For many, calling a law office is a stressful procedure in itself and this will insure you remember your questions so that you can be provided answers. While no attorney can guarantee the outcome of any case, a realistic expectation can assist you with making the most informed and intelligent decisions for your case and yourself.