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At the Elizabeth Christy Law Firm, we are taking steps to keep our offices sanitized and we advise staff members who do not feel well to stay home. We are implementing recommendations from public health officials regarding maintaining a safe and clean environment for our staff, clients and colleagues.

This is an extraordinary situation that is continuing to change. None of us have ever experienced something like this before and no one has fully planned for this situation. We do not know how everyone will respond. We understand that our clients’ needs do not end just because the world around is changing. We assure you that we will work with you to be there for you as much as we can.

In Oregon, we have been informed that significant restrictions have been put on court operations statewide through at least March 27, 2020. During this time, the court will only have in-person appearances in family law cases for urgent matters such as protective order applications and hearing and immediate danger hearings relating to protecting children from abuse and neglect. All other scheduled hearings and in-person court appearances will be rescheduled. Additionally, each county in Oregon can put additional guidelines in place.

The limited information available from Washington County and Clackamas County indicates they will follow the statewide restrictions outlined above. However, Multnomah County is rescheduling all hearings in family law cases (except for the exceptions discussed above) through April 30, 2020. Those cases will be rescheduled for dates beginning in May 2020.

In Clark County, Washington, we have been informed that starting March 18, 2020 and continuing at least through April 24, 2020 that family law hearings will be cancelled and dockets will be closed. All Settlement Conferences through April 27, 2020 have been administratively cancelled. There will still be options to litigate emergency issues, such as child safety, and agreed orders can still be entered at Ex Parte. The courts in both Washington and Oregon have advised us that this is a fluid situation and guidelines are subject to change.

If you have a hearing scheduled from now through the end of April in either Oregon or Washington, your attorney will be in touch with you regarding how the hearing will be handled. We will continue to work to provide you with timely updates of any additional information that we receive regarding court operations and scheduling.

Our concern for our clients, staff and colleagues remains at the forefront of how we will handle cases and interact with each other during this time. For now, our law firm has decided to suspend all “face to face” meetings with clients, lawyers and other professionals from March 17 through March 27, 2020 unless such a meeting is required due to an emergency or court proceeding. These dates may change based on recommendations from public health officials as well as other local and federal guidelines that may be issued. We will work to accommodate requests for phone consultations or phone meetings in lieu of meeting in person.

Our attorneys and staff will be personally affected by statewide school and daycare closures in Oregon and Washington. We have implemented strategies and planning for employees to work remotely. As we navigate these evolving circumstances, we anticipate that there may be unanticipated or unavoidable delays in our service to clients. Please be assured that we are making every effort to predict and address any significant challenges to our client service posed by the current public health concerns and recommendations. We appreciate your patience and flexibility in this dynamic time. Please be sure to utilize e-mail as the primary means of contacting your lawyer or paralegal team. Phone access may be limited due to remote work arrangements, but e-mails will be checked routinely by attorneys and staff. 

If you have any questions or concerns, please contact us by e-mail. If you have an active case, please contact the lawyer and paralegal assigned to your case. If you are looking to be a new client, please direct your initial e-mail to info@elizabethchristy.com.

You can also leave a voicemail via telephone at (360) 695-2005 (for Washington cases) or 503-847-2900 (for Oregon cases). Please just do note that there may be delays returning phone calls for a period of time. We appreciate your patience as we work to respond to all inquiries.

From all of us at the Elizabeth Christy Law Firm, we wish you and your family health, safety and security over the upcoming days and weeks. Although we may not have in person contact with you, we look forward to assisting you the best that we can while keeping your health and safety as our first priority.

If you have any questions that are specific to your case, please do not hesitate to contact our office immediately.

The post A Message to our Present Clients, Future Clients and Colleagues appeared first on Elizabeth Christy Law Firm.

In some cases, the court may determine that the couple was living together in a marriage like
relationship well before they were able to legally marry each other. Factors that the court may consider
include:

1. Whether the couple had a commitment ceremony or held themselves out as a married couple
   before they got married;
2. Whether the couple took steps prior to marriage to prepare estate plans that provided for
   financial bequests to each other;
3. Whether the couple had legal documents prepared prior to marriage to allow them to make
   medical and/or financial decisions for the other person in case of incapacity or illness;
4. Steps the couple may have taken (especially prior to marriage) to have or to adopt children
   together; and
5. How and when the couple co-mingled finances and/or purchased major assets (such as a house)
   together.

In a same sex couple’s divorce, it is important that there be a discussion of any significant period of time
that the parties were in a committed relationship prior to marriage. If that relationship went on for
several years prior to marriage (especially where there was an intent to marry if and when they could)
the couple’s pre-marital relationship could have a significant impact on the outcome of the case. How
long a couple has been married or in a committed marriage like relationship may be relevant to how
long one spouse might have to pay spousal support to the other spouse and to what assets are
ultimately divided between the spouses at the end of the marriage.

No two cases are the same, and the rights of both spouses may be dramatically impacted by the facts of
their relationship history and the length of their relationship. When dissolving a same sex marriage or
domestic partnership it is important to consult with an attorney to discuss the history of the relationship
and to receive advice on how the history of the couple’s relationship may impact the outcome of the
case.

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The first step considered by the court in determining whether a spouse is entitled to support is assessing whether the spouse requesting support has the need for that support, and whether the other party has the ability to pay support. In general, the court will order one year of support for every three to five years of marriage, however it is important to note that there is no hard rule when it comes to spousal support. The court will do a balancing test and consider several factors to determine what is fair based on the parties’ ages, health, duration of marriage, current standard of living, current education levels, the ability to seek employment, and/or the amount of training or education the receiving spouse would need to obtain employment.

For marriages over 23-25 years, spousal support may be “permanent,” which effectively means to the age of retirement. However, in general, spousal support ends automatically once the receiving party remarries. Spousal support may also be permanent if the court finds there is a serious medical condition that prevents the receiving party from obtaining employment, or finds there are other reasons preventing future employment (e.g. age). Generally spousal support is unlikely in a short term marriage of less than five years.

Spousal support is not typically meant to be of indefinite duration, as parties are expected to provide for themselves, and a court will likely only order support for the duration of time reasonably necessary for the receiving spouse to transition out of the marriage and achieve financial independence and self-sufficiency. This may include the duration of time needed to complete a degree or training. Once spousal support is awarded, it can only be adjusted if there is a substantial change in circumstances, such as a loss of employment, illness, or long term injury for the paying spouse, or decrease of the receiving spouse’s need for support. 

There is no specific formula in Washington to determine the amount of spousal support that should be awarded. The court will look at the overall financial resources of the parties and consider what the monthly expenses are of each spouse, including child support and other financial obligations. The court will also consider the community or separate property acquired by both parties.

Spousal support in the State of Washington can be complex and specific to the facts of each case, so it is important to consult with an attorney if you anticipate support may be an issue in your divorce.

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1. Develop a list of questions. Take the time to write down any concerns you have regarding your separation or your children. You may have specific questions about what to expect or what your rights are with regard to particular items and writing them down will ensure you have the chance to discuss them. You may also want to ask about your attorney’s experience, the length of the process, or the costs. If there are certain incidents you want to discuss with your attorney, take the time to note important dates and key points to keep yourself organized.
2. Prepare a schedule of your assets and debts. In order to give the attorney an idea of what will be involved in your case, it would be helpful to have a list or schedule of your major assets (e.g., properties, vehicles, and retirement accounts) and debts (e.g., student loans, mortgage statements, credit card debts, and medical bills) ready to discuss. If the ownership of one or more of these items is disputed, you may also want to prepare to explain your reasoning with supporting documents.
3. Gather your tax returns and pay stubs. In order to address spousal support, child support, and other financial aspects of your case, the attorney will need to have a picture of your and your spouse’s incomes. Income records for you (and potentially your spouse) will assist the attorney in answering your questions more accurately.
4. Bring copies of any existing pleadings or relevant legal documents. If you or your spouse has already filed documents with the court, the attorney can better answer questions about your next steps if he or she has those documents available. Similarly, if you and your spouse signed a separation contract or prenuptial agreement, the attorney will need to see the content of those documents before he or she can give you specific answers. If paternity or parentage is a factor in your case, bring birth certificates or other supporting records.
5. Gather any relevant information or evidence. Depending on the issues in your case, it may be helpful to bring certain evidence to your meeting. If you know your spouse is alleging (or intends to allege) inaccurate information and you have documentation or evidence to the contrary, bring that information with you so the attorney can better assist you in preparing your response or strategy.
6. Arrange for childcare. If you have young children, make arrangements for care so you can come to your consultation without them. It is important to shield the children in your family from your court case as much as possible and the attorney may decline to meet with you in the presence of your children.

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With that in mind, here are a few tips for co-parenting during the holiday season following a divorce or separation:

1. Prioritize the Kids and Model Civility and Courtesy Wherever Possible: There is a grieving period that comes with the first holiday following a divorce or separation, with the realization that things are no longer going to be the same. The first holiday season in particular tends to be a very difficult time for everyone in the family, but can be particularly acute for children because of the heightened focus on celebrating the traditional “intact” family. The holidays become a time when it’s more important than ever for parents to demonstrate civility and courtesy to the other parent – to prioritize the needs of the children over their own emotional needs.Using the kids’ historical experience as your starting point can help guide your decisions for the holidays in a child-centered way. It’s important to focus on building new and positive traditions with our children while acknowledging the importance that the other parent and their extended families play in a child’s life.Make sure not to over-extend you or your children, and to build in meaningful bonding and down-time for you and for them. For example, if you are looking to squeeze in four different family celebrations in one day to give everyone time with the kids, take a minute to imagine the experience from your child’s point of view. How many transitions does this create for them? When does your child get time to relax and connect with family? At some point, you aren’t making new memories or developing new traditions, you are creating the potential for chaos and exhaustion.
2. Plan Ahead and Try to be Flexible. Hopefully, you have a parenting plan that spells out how holidays will be spent. If not, you and your co-parent need to sit down and determine how you will spend the time off from school and during special events and celebrations – and you should do this well in advance so that any disagreements can be completely ironed out in advance. If possible, discuss the traditions you value and want to see carried on with the kids. At the same time, it is important that we be willing to let go of activities that cause more stress than enjoyment or that are more meaningful to us as parents emotionally than to our children. Even if you have a detailed parenting plan, remember that that plan needs to adapt to meeting the changing needs of your children. For instance, your two-year-old needs a nap and more consistency, and those considerations need to be built into plans for parenting exchanges and how the holidays will be divided between the parents. Your 16-year-old will want and need time with friends during school breaks. Make sure you are allowing for growth in your plan as your children grow. Also, remain flexible and practice understanding wherever possible. Holiday gatherings pop up and relatives come to visit – these things aren’t always planned months in advance, and will require us to be generous and flexible with our time and personal plans for the benefit of our kids.
3. Use Your Support System and Take Time for Yourself: As painful as it can be for many parents to accept, there will be times where you will be alone without your children for the holidays. Instead of getting lost in your own grief or loneliness, use the time away from the kids to re-kindle relationships. Reach out to your support system – such as friends or relatives – before the holiday season gets into full swing. Spend meaningful time with friends and family that perhaps you have previously been unable to spend. Lean on those you love for support and community during these times – you may be surprised by the richness of those relationships and the wealth of love and support that awaits you.

Do not forget to stay in tune with yourself and your own needs during this time. Take time by yourself to do all the things that you used to do, but haven’t had time for in the past. Read, relax, reconnect, indulge – your mental and physical health is imperative to the health and success of the children you parent.

We wish you and your family a wonderful holiday season.

– Erin K. Morris, Attorney

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Congratulations to M. Erica Aquadro!

The post M. Erica Aquadro Appointed President of the Clark County Bar Association Family Law Section for 2018-2019. appeared first on Elizabeth Christy Law Firm.

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