Divorce in times of pandemic

Covid-19 and the pandemic are also playing a leading role in the legal field. And not only in relation to labor disputes (ERTES, layoffs, teleworking …) but also in Family Law. In IURIS Lawyers Bilbao We have been managing divorces, separations, and common-law breakups for more than twelve years. But, the truth is that, since the confinement of March 2020, consultations related to divorces have increased. Nor can it be ignored that economic uncertainty is causing many people not to make a final decision on the matter; but this does not prevent the need for information.

And what are the most common doubts? Basically, those related to the custody of children and the use of the family home. Regarding custody, the ‘star question’ is the one related to the possibility of a parent to opt for a shared custody.

Following the Judgment of the Supreme Court of April 29, 2013, joint custody is postulated as the ideal system for the full psychological and emotional development of minors, who, thanks to it, can enjoy both parents on equal terms and enrich themselves of what each one of them can contribute exclusively.

In our office of Bilbao lawyers We always insist to all parents that the essential thing to qualify for joint custody is to have a good “co-parenting plan.” That is to say, of a project that reflects how said custody is going to be developed: in which home is the person going to reside, what family support network is available, what possibilities are there for adjusting working hours …

On the other hand, about the future of the family home, the concern usually lies in who will continue to reside in it after the divorce. On this point, our lawyers in Bilbao always offer a personalized response to each case, but the three usual scenarios are usually: that one of the two parents continues to reside in the house, that the minors remain in the house and that it is the parents who alternate their use (this solution being known as nest-house), or that one of the parents acquires full ownership of the home, taking over, from that moment, the mortgage and compensating the other in a certain amount.

Each break is different and requires individualized solutions. And above all, it is essential that whoever is going to face such a process (by mutual agreement or judicial) know in advance their rights and obligations.

For our part, as family lawyers, our essential function is to find the solution that best safeguards the interests of minors. Since, as much as a divorce is an adult decision, children are the ones who can suffer the most from a poorly managed breakup.

So, if you are thinking of separating or divorcing, ask your questions, analyze legal alternatives and let yourself be guided by experienced professionals.

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