We hope you and your family and loved ones are safe and well. We all have been navigating unprecedented changes to the way we work and live, but we want to reassure you that Davis Friedman remains open for business. Nothing has changed for us in terms of continuing to advocate for our clients.
Staying Connected
We remain accessible, we have the technology in place to support virtual working, and we are keeping up to date and are well-versed in the new court procedures. Despite the physical closure of courthouses, courts remain accessible and your case can and will continue to progress. The procedures vary between Cook County, Lake County, DuPage County, McHenry County, Kane County, and all other counties in Illinois, and the information below is applicable to cases in many counties.
New Matters
We are available for new client consultations via telephone, Zoom, and FaceTime and you can file a new domestic relations case including divorce, parentage, custody, child support, parenting time, and any new domestic relations matter.
Emergency Matters
Judges remain available to address emergency motions in all counties and hearings have been conducted remotely or in person if absolutely necessary for issues such as Emergency Orders of Protection.
Motions
Motions can be filed regarding all matters including but not limited to child support, parenting time, parental decision making, and all financial issues. Temporary restraining orders and preliminary injunctions can be filed and entered to protect assets. Courts have the authority to rule on matters during this time period. Parties can also file a motion seeking a pre-trial conference, case management conference, or a hearing.
Agreed Orders
Agreed orders regarding temporary issues can be submitted electronically and entered by the court, ensuring agreements regarding child custody and financial issues are enforceable. Final Agreed Orders and Qualified Domestic Relations Orders can be submitted electronically and entered by the court.
Judgments
Prove up hearings are proceeding remotely in some counties so that divorces can be finalized and judgments can be entered.
Discovery
While working remotely, we are continuing to prepare Financial Affidavits and discovery. Even prior to the shelter-in-place order, we utilized an online platform to safely and securely receive and transmit discovery documents. If necessary, depositions can proceed remotely via Zoom and other video conferencing services.
Mediation
We are utilizing mediation via Zoom and other video conferencing services to assist with temporary issues in dispute and also to bring cases to final resolution. Cook County continues to offer mediation services remotely via telephone, and the requirement to take an in-person parenting education class can be satisfied by a certificate of completion for an online parenting class.
Parenting Time
Many clients have contacted us with questions about parenting time in light of COVID-19. One of Governor Pritzker’s Executive Orders included this specific provision in the definition of Essential Travel: “Paragraph 14(e): Travel required by law enforcement or court order, including to transport children pursuant to a custody agreement.” In Cook County, General Order 2020 D 8 makes clear that “parties shall continue to follow their respective parenting time schedules” and that COVID-19 school closures “shall not be considered a ‘day off from school’” and that parties are “strongly encouraged to act in the best interest of their children and are strongly admonished from taking acts that would imperil the physical health of any child, including unnecessary or discretionary travel.” Please do not hesitate to contact us if you have questions regarding parenting time as it relates to COVID-19 issues.
Take care of yourself and your loved ones. We can get through this together.