Dealing with Self-Quarantine (Mandated Quarantine) Due to the Coronavirus
Most working Americans whether they have children still living at home at one point wished they could just stay home for a week to think about nothing, live in their PJ’s and binge watch their favorite TV show. I admit I have been so busy with life that I have said “oh how I would love to just stay at home and do nothing.” Well now that the Federal Government and our State Government have mandated a stay at home to stop the spread of this deadly virus, I believe people will start to feel closed in, not connected to their extended family and friends.
This can have severe consequences on our mental health. What we need to do is realize this is short term situation and to keep our mental health intact by finding things to do that make us happy, this could be painting, gardening, reading books, playing games with our children, going for walks and calling our family who live away from us. Technology is a great way to stay in contact with friends and family.
Premier Legal is hoping all of our clients are being safe and staying at home. For those of you that are essential businesses and on the frontline, we thank you for your commitment to keep the spread of this virus down and our prayers are with you.
Coronavirus Pandemic - Update
We are practicing safe social distancing in order to keep the spread of the virus under control. During the next two weeks, we will be meeting with our clients through video conferencing or phone conferencing. Our office is fully set up to work remotely and are able to continue working through your cases.
Currently Clark County and Cowlitz County (as do other counties) have Emergency Orders which are either canceling hearings, not setting new hearings, or requiring hearings to be conducted telephonically.
We hope all our clients are being safe during this time of self quarantine. Please email us or call us if you need anything.
Tiger Woods – A Lesson in Patience and Perseverance
On April 14, 2009, Tiger Woods, at the age of 43 did something so amazing and once again making history. He won the Masters not for the first time but for the fifth time, 11 years in the making since his last major and 14 years since he won the Masters. I have to admit that I am not a huge fan of golf, but felt so compelled to write this week’s blog in a tribute to Tiger Woods and all those other amazing people who have gone through personal trials but through patience and perseverance find their way to win.
Tiger was my daughter’s childhood hero, he was one of the reasons she picked up a club at the age of 5. She admired him and wanted to be like him. Today watching his patience and perseverance to prove not only to himself that he could do this, but to show his children that with hard work, patience and perseverance you can overcome anything and achieve whatever you want. Unlike Tiger our lives are not under public scrutiny for everyone to see our wins and losses. When asked how did this win make him feel having his children there to witness it. He said "for them to see what it's like to have their dad win a major championship, I hope that's something they will never forget,"
It made me think about my clients who like Tiger have been going through personal and painful issues that can hold them back from being the person they want to be for themselves and for their children. Believing and loving yourself is one of the best ways you can teach your children that even through the roughest times in our lives, we can make decisions that make us winners in our lives and in the lives of our children. Our children want us to be happy, and when we choose to be happy, our children will thrive right alongside us. My wish for my clients is that they will be like Tiger, through hard work, patience and perseverance to fight for happiness for themselves and for their children.
Understanding the Differences of the Legal Separation vs. Dissolution
Sometimes its difficult to distinguish the differences between a legal separation vs the dissolution. Are they the same?
They are not the same, but both can provide couples with the division of asset and debt distribution; parenting plan; child support and spousal maintenance.
- The key difference between legal separation and dissolution (divorce) is that when you are legally separated, you are still legally married to your spouse even though you are living separate and apart. If you later decide to get divorced, you'll have to file for a motion and order to convert your legal separation decree into a decree of dissolution.
There are several reasons why people choose to be legally separate but remain married to one another, included but may not be limited to:
- Religious reasons – one or both parties oppose a dissolution because of religious reasons
- Benefits – one of the spouses is in need of benefits that cannot be continued if the parties are divorced, such as social security, health insurance or military benefits
- Tax benefits – sometimes there is a tax relief for married persons vs filing single
- Reconciliation - you and your spouse think there's a chance you may reconcile after you've had time apart from one another
- Property - Refinancing property into one of the parties names, where a decree is required for the property to transfer hands. A decree of legal separation can be obtained immediately, rather than waiting the 90 days from the date the petition is filed.
Washington State has statutory waiting periods before a decree can be entered.
- Dissolution
- The waiting period for decree to be obtained is 90 days after the Petition has been filed and the other party has been served or filed a joinder.
- Affidavit or joinder must be filed with the Court
- Both parties must sign all final documents
- By Default
- The other party was properly served and failed to appear
- Legal Separation
- The waiting period for decree can be obtained immediate after the Petition has been filed and the other party has signed the joinder
- There is a waiting period of six months after the decree of legal separation has been obtained from the Court
- A motion to convert to dissolution can be sought by either party, with notice to the other party
- The decree of dissolution will be granted on the same terms identified in the decree of legal separation – no changes.
Premier Legal Technician Firm can provide you with the pros and cons for your certain circumstances. Please contact us if you would like additional information.
Unbundled legal services means hiring a limited licensed legal technician (“LLLT”) or an attorney to perform limited tasks rather than full representation. Premier Legal Technician Firm, LLC offers unbundled services for pro se litigants which include both LLLT and attorney representation.
How does this work?
If you want to represent yourself, Premier Legal Technician Firm, LLC can provide you with legal advice, preparing your documents, filing them with the Court and coaching you on presenting your case to the Judge/Commissioner.
If you are uncomfortable with representing yourself in Court, then Premier Legal Technician, LLC will assist you with an attorney that will go to Court for you.
What is the Economic Impact of Unbundled Services?
In Washington State family law attorneys charge between $200 to $350 per hour. Premier Legal Technician Firm, LLC rates are a third of what an attorney charges. In addition to our hourly rate, we offer flat fees which are a significant savings from an attorney representation. If an attorney is hired, we have negotiated lower attorney rates for our clients. This means that you save money from the traditional attorney representation and can control the amount you ultimately spend on your family law case.
Contact me to see how Premier Legal Technician Firm, LLC can save you time, money and frustration by unbundling your legal issues.
LLLT's Guide to What is Joint Custody?
When the Parents end their relationship whether they are married or unmarried, decisions must be made to the custody of the child(ren). This blog is to help make sense of the legal terms often used in parenting plans.
In parenting plans there is physical and legal custody of the child(ren).
- Physical custody is where the child resides physically and where the child(ren) resides every day and the care for your child(ren).
- Legal custody is the authority to make decisions for and about your children.
- Joint physical custody, also called shared physical custody, means that your child(ren) spends substantial time living with both parents and both parents have equal responsibility to physically care for your child.
- Joint physical custody does not mean that parents have equal time with the child(ren). Rather, it means that both parents have substantial and frequent time with the child.
- Joint legal custody is a way to give both parents a say in their child(ren) upbringing. It is meant for cases in which both parents are able and available to make important decisions.
Children generally do better if both parents are significantly involved in their lives. If you and the other parent can make joint physical custody work, it will benefit your child(ren).
This is accomplished best when:
- Parents agree that it's in the best interest of their child(ren).
- Parents cooperate reasonably well and can make decisions together.
- Parents live fairly close to each other and a joint arrangement is logistically possible.
- Both parents want to be very involved in raising their child(ren).
- There is no history of child abuse, domestic violence or withholding the child(ren).
Joint physical custody can work with almost any parenting residential schedule. If your child(ren) needs to live primarily with one parent, you can give more time to the other parent with midweek visits, extended weekends, longer holiday breaks, and school break visits. The other parent can also have contact with the child through phone calls, (skyping) facetime, email, texting, attending the child(ren) events and activities, etc.
If you have questions about parenting plans either agreed upon or contested, please contact Premier Legal Technician Firm for a free consultation to discuss your options and assist with the process and preparation of your parenting plan.
LLLT Guideline to Creating a Parenting Plan
This Blog is to guide parties into understanding the criteria required for parenting plans in Washington State. Parenting Plans in Washington are governed under RCW 26.09 – The following is to assist parties with creating a parenting plan for their child.
In creating a parenting plan, please note that Washington does not use the term “custody” or “visitation schedule,” instead the parties or parents must create “residential time” for the child that will provide where the child will reside every hour of every day of the year.
Things to Consider when Developing the Parenting Plan
Courts in Washington encourage parents to work together to make a schedule they both agree upon. When parents submit a schedule together to the court, the court will most likely approve it and make it part of the court order. The clearer the parties are on the intent for the parenting plan the easier it will be for the court to approve the plan. For example, the child will reside with Parent A beginning at 8:00 a.m. on Monday until Wednesday when the child is dropped off at school or the home of Parent B, then the child will reside with Parent B beginning at 8:00 on Wednesday until Friday when the child is dropped off at school or the home of Parent A, and the parties will alternate every other weekend beginning on Friday and ending on Monday morning, when the child is dropped off at Parent A or school. The court does not approve schedules that are not in the best interest of the child.
If you and the other parent cannot agree on a schedule, the court will decide on a schedule that they believe best reflects the past parenting, current parenting and future parenting. This is done by each parent submitting their proposed parenting plan and supporting documentation, a motion for a temporary family law order and a hearing notice. The court may decide to approve either parent’s schedule or create a new schedule.
Criteria to Include in a Parenting Plan:
- How the parties will address the needs of the child and to allow the child to have a stable and loving relationship with both parents.
- The schedule should show
- where the child is to reside during the school year on weekdays and weekends.
- where the child is to reside on holidays, (Christmas, Christmas Eve, Thanksgiving, New Years Eve/Day, winter school break, spring break and special days such as birthdays, Mother’s Day, Father’s Day).
- where the child is to reside during the summer break.
- How the parties will make the transfer exchange of the child (at each other home, school or day care)
- How the parties will transport the child.
- How the parties will vacation with the child.
Additional factors to consider when making your parenting plan schedule.
Thinking about the following factors will help you make a schedule that works for your family. The court also considers these factors when looking to approve a schedule that parents have made or the court is making a schedule for parents who don't agree.
- The Best Interest of the Child
- The relative strength, nature and stability of the child's relationship with each parent
- The agreements parents have made about the schedule
- How parents have shared parenting functions
- If one parent has taken greater responsibility taking care of the daily needs of the child
- The emotional needs and developmental level of the child
- The child's relationship with siblings and other significant adults
- The child's involvement with school, community, and other significant activities
- The wishes of the parents
- The wishes of the child who is able to mature enough to make decisions
- Each parent's employment schedule
- The geographic proximity of the parents' homes
If you have questions about parenting plans either agreed upon or contested, please contact Premier Legal Technician Firm for a free consultation to discuss your options and assist with the process and preparation of your parenting plan.
Divorce is never easy, but it does not always have to be litigated or contentious. When couples agree on the terms of their divorce, this is often referred to as an amicable divorce or uncontested divorce.
If you are going through a divorces or a legal separation, it is likely to be one of the most stressful times of your life. When you separate from your spouse you will be faced with lots of changes happening all at once, such as what will happen with your finances, housing, retirement accounts, parenting plan issues and child support or spousal support issues.
The key to a less stressful and more amicable divorce, which is easier on everyone, and much less expensive, is to approach it in the right way. Keeping the process non-confrontational is likely to lead to longer lasting solutions for all parties, including the children.
I often receive phone calls from a prospective client that they don’t want to fight with their spouse, that they have come to an agreement on the terms of dividing their assets and liabilities. There biggest concern is how can they do this without an attorney and without spending thousands of dollars. I will respond, “well this is the best scenario for everyone involved.” The more that the parties can agree upon, the better it will be for them and for their children. Children will adjust to their parents living apart, when their parents show them that they can work together and co-parent without being married for the sake of the children. My role is to listen to what the client wants and to help them navigate the legal system in preparing the dissolution documents, filing and presenting the final decree.
While an amicable approach may not always be possible and certainly there can be a lot of anger and anxiety involved in separation, if you are able to identify the issues and work towards an amicable solution this is more likely to result in a less painful separation and dissolution.
If you have any questions about an amicable divorce or legal separation and would like to learn how you can represent yourself with the assistance of a licensed legal technician to navigate the legal system and save thousands of dollars, then give me a call and I will explain how simple I can make the process of getting divorced for you.