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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.

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Just as with other divorcing couples, the reasons that older couples and couples in long term marriages divorce vary. Disagreements about managing finances, infidelity, factors relating to children leaving the home and even disagreements about estate planning are just some of the reasons cited by couples that divorce later in life.

Regardless of the reason why the couple is divorcing, there are often special issues that come up in Gray divorce cases.

Some of the biggest issues that a couple divorcing later in life may face is how they must work to change their financial plans to consider the need to support two households when their prior (joint) financial plan was for their joint expenses for retirement.

In some relationships, one spouse may have elected to start collecting Social Security at the earliest age possible, thereby receiving a lower monthly Social Security payment. If the parties are no longer married, then that spouse’s prior financial plan may need to be changed. In other cases, the spouse who may not have earned as high of an income (or may not have worked) during the marriage may need to be advised about options for drawing Social Security after the parties’ divorce. In some cases, a spouse may draw Social Security benefits based on his or her ex-spouse’s past earnings.

In many cases it is a good idea to work with a financial planner and/or a tax planning expert during a divorce. For older couples, it is especially important to work with such professionals as needed to make sure that advice is given regarding the financial impact that accessing retirement accounts and/or investment accounts early may have and options for planning for both individuals anticipated long term care needs after divorce. For some spouses, they may have spent much of their life having the other spouse manage the finances, and they may need to work with a financial advisor on how to make a budget each month and on how to manage their finances after the divorce.

After any divorce, it is advisable to review that person’s estate plan and prepare a new will or trust to take into consideration the changes made to that person’s finances and personal plans after the divorce. It is especially important for an older individual to revise their estate planning documents after a divorce. Care should be taken to discuss not only the planning for what will happen to that person’s assets if they were to pass away, but also to plan for how finances will be managed, and medical decisions will be made in case of illness or incapacity.

Divorce is a significant life event and it is important to consult with an attorney to discuss the specific facts and issues in your case if you are planning for a divorce or have learned that your spouse is seeking a divorce.

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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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