As a product of the COVID-19 pandemic, Washington courts, like many others, were forced to adopt a virtual format with respect to live hearings and trials. This meant opting to conduct proceedings using Zoom, Microsoft Teams, WebEx, and other similar video platforms.
What started out as an emergency response based on public health necessity seems to have now become an established part of our legal process for several counties and courthouses. Of course, there are many benefits to virtual hearings, especially in the area of family law. Despite a partial return to in-person proceedings across Washington state, at least for some counties, virtual family law hearings and trials to address issues of divorce, child custody, and domestic violence appear to be here to stay.
Remote hearings come with their fair share of challenges, the most prevalent being technology issues. Now five years into this new model, most of these issues have been mitigated and addressed, and the benefits have been shown to outweigh the drawbacks. The most significant benefit remains the increased accessibility to the courthouse for all parties involved.
Increased Accessibility
Prior to the onset of Zoom hearings, a family law hearing often required parties to take a full or half day off from work, find childcare, pay for parking, and usually a ride stuck in morning or midday traffic. In addition to common logistical issues, if a party were out of state, they would have to travel to the courthouse to participate in the hearing, all resulting in increased time and costs for all parties involved. Remote and virtual family law hearings have no borders and require no travel, allowing for increased accessibility for the witnesses, parties, and for their attorneys.
What Types of Hearings are being held Virtually?
In courts across Washington, including King, Snohomish, and Pierce County, remote hearings are still being used for: case scheduling and status conferences, temporary order hearings, domestic violence protection orders, restraining orders, finalizing uncontested divorces, and pro se dockets for self-represented parties.
When it comes to trials in family law cases (at least here in King County), it will be up to your assigned trial judge whether all, some, or none of your case trial occurs virtually.
Tips for an Upcoming Virtual Hearing
If you have an upcoming virtual hearing, the best way to prepare for success is to practice. For example, King County uses the Zoom platform, and prior to hearing, you will receive a link and a time for logging on. Beforehand, practice logging on to the Zoom platform, ensure that your camera and audio are both functional, and that your internet connection is strong enough to support the video call.
Even though you may be attending the hearing from home, you should still dress professionally and try to find a quiet setting where distractions can be limited. Make sure you log in before the hearing begins to check-in and allow time for troubleshooting any last-minute issues. If you are represented by an attorney, they may have you come into their office to attend the Zoom hearing together.
Conclusion
Virtual family law proceedings are likely here to stay, and whether you are experiencing a divorce, child custody, child support, or spousal support issue, having a basic understanding of virtual hearings can help you to feel prepared.
