November 2020 | Bridges Collaborative Divorce Solutions | Collaborative Divorce Professionals in Portland

Is it possible to start and complete a divorce during social distancing and “shelter in place?” orders?

Short answer is, yes. 100% of a mediated, collaborative, or uncontested “kitchen table” divorce can be done remotely through phone, email, and video conferencing. Our office has been utilizing Zoom video conference as a resource for almost a decade for families where one or both participants are in a remote location (Costa Rica jungle coffee shop divorce for example!). Several years ago, I participated (along with several other BridgesDivorce.com practitioners) in an intensive six week training held by a company called Wevorce where the platform was designed to have multiple neutral professionals (financial, legal, and mental health/ parenting) working with the families remotely via video conference throughout the entire case. Through these trainings and subsequent successful virtual co-mediations, we’ve been able to help families who could not participate in person. Virtual co-mediation or collaboration will be especially helpful with our current social distancing requirements.

Fortunately, the court is still “open” for processing and approving legal documents including divorce and family related. This is all done through electronic filing straight to a judge’s computer for signing after initial clerk’s approval. Document signings by clients, court filing, and parenting classes can also be done remotely, but it will likely be difficult for families to navigate the technical hurdles and obtain court approval without help of a mediator or collaborative attorney. For remote signings by clients, it is helpful to have a printer and scanner, or we can use regular USPS mail if needed.

Families in higher conflict situations, however, needing the court’s assistance with hearings, temporary orders, or trial, will unfortunately face delays or logistical challenges until the courts are able to be functional remotely. As of this writing, the courts are closed for all but emergency or restraining order hearings. In the near future for litigation, all participants (attorneys, experts, judges, clients) will likely need to appear by video or phone conference until it’s deemed safe to physically appear in court for a hearing or trial. There are many questions remaining on evidence procedure, exhibits, testimony, and custody evaluations (in person contact usually required). My recommendation for higher conflict families is for clients to obtain legal advice and encourage your attorney to utilize virtual “attorney assisted” mediation or arbitration if needed. There are built in features to web conferencing software for “private meeting rooms” for attorney and client during a collaborative session so it can be productive and still have capability for caucusing or 1:1 discussion during mediation.

What is required for virtual mediation or collaboration to take place?

The only requirements are for each participant to have a smart phone OR computer with internet service and audio (built in speaker or external speakers) and web cam. Most newer computers have built in web cams, or use your smart phone if your computer is not equipped with a web cam. A quiet, private space is also helpful whether it’s a room in your home or vehicle safely parked. Having a pen and paper nearby is also helpful to take notes, but not required as meetings can be recorded for later playback.

Should we hold off on pursuing a separation or divorce because of COVID-19?

This is a very tough question and deserves much thought and consideration for each family and the multitude of potential impacts on moving forward versus maintaining the family “status quo.” Sometimes, prolonging separation can be even more difficult for families if there isn’t a roadmap or plan in place to move forward toward goals, disentanglement, and healing. However, it’s even more important in these uncertain times that all are mindful of health and safety for the whole family. I recommend families consider talking to a marriage counselor, parenting coach, trusted pastor, or therapist to help navigate the difficult emotional dynamics as well as timing and logistics of any possible changes or decisions impacting the family unit. It can also be helpful to talk through the potential legal topics with a mediator or collaborative attorney in a “planning session” for peace of mind as well as helping to get organized for future decision making.

One option during this stressful, difficult time is to come up with temporary agreements and a family plan to address each person’s needs with ability to modify as changes take place. We can help prepare mediated settlement agreements to track agreements and add accountability if this is a concern. A mediated settlement agreement is a private contract between parties and not filed with the court, except for enforcement or issue of attorney fees if litigation is necessary. We can also “pause” the process at any point and track progress with partial mediated settlement agreements.

One substantial impact of COVID-19 is the recent stock market volatility, and many clients are concerned with proceeding with a divorce with division of retirement or investment assets. One clarification to ease concerns is that divorce related retirement divisions and transfers (if done properly – please consult an attorney) do not liquidate or sell underlying investments or stock. Instead, an agreed upon percentage (50% for example) of the account is separated into the other spouse’s account via Qualified Domestic Relations Order (QDRO) or IRA transfer after divorce judgment is signed by the court. Often this segregated portion is rolled into a new or existing IRA, or there are exceptions allowing penalty free withdrawal under certain circumstances. This is a complex area with tax ramifications and requiring specific legal documents, please use caution and consult a divorce professional to learn more about options. There are ways to have early cash disbursements without penalty after divorce, and it’s likely more of these distributions will be needed as COVID-19’s financial impacts worsen for some families.

Do we still have to take required parenting classes in person to get court approval?

Answers to this question vary by county and information is changing daily. Washington County, for example, has canceled their April classes, but is reaching out to currently enrolled families for possible in person May classes. Some counties already offer an online option post-Covid-19, such as Multnomah County, and we may be able to obtain approval on a case by case basis from judges based on individual circumstances for online parenting classes to satisfy court requirements.

What should I do if I need to modify my divorce or separation judgment that’s already signed by the court?

In Oregon, most spousal support orders are modifiable by statute unless specifically stated in your judgment as “non-modifiable.” Child support is also modifiable if it’s a current order (not past due arrears). It is imperative to seek legal advice if you believe substantial changes have occurred such as a job loss, health status change, income change, parenting plan change, childcare cost change, health insurance availability, etc. As orders cannot be changed retroactively (unless mutually agreed in writing and signed by the court), it’s crucial that anyone impacted by a change requests modification as soon as information is received. Most courts require an attempt at mediation first before having a court hearing, and sometimes this provision is built into a divorce judgment requiring mediation. It is also important to preserve your rights on timing of the changed support obligation in the event mediation is not successful, so please consult an attorney for legal advice as soon as feasible.

Tonya Alexander, Collaborative Attorney & Mediator

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Tonya Alexander
Collaborative Attorney & Mediator
Alexander Law, PC
1925 NE Stucki Ave Ste 410
Hillsboro, OR 97006
503-531-9109

Tonya’s Website
Email Tonya

We are in this together and here to help.

As a Mediator and Collaborative attorney, I only work with clients who want to avoid court and resolve their issues themselves, on a mutually fair basis. This gives me a window from which to see and hear many interesting, touching stories of couples who are determined to be their best selves, while at the same time struggling with broken hearts, stretched finances and the many practical challenges of separating. Divorcing parents have the added task of managing their kids’ emotional adjustment to the family’s restructuring.

Here’s one impressive example I’d like to share:

In a Collaborative Divorce, each spouse has an attorney but agrees that neither lawyer will under any circumstances take the matter to court; if the process breaks down (which is rare), the attorneys are disqualified, and new litigation counsel must be retained. The Collaborative process looks and feels much like a co-mediated case, with the clients and both lawyers working together in group meetings as a “settlement team” to find the best possible win-win-win solutions for the family.

A while back, I was representing a wife in a Collaborative case with a very close colleague representing the husband. Before we began, each spouse had developed some very beautiful goals to guide their work together. One of wife’s goals was that there would be no “sides” in the case, since she felt that everyone should be on the same side – that of caring for the whole family (especially their kids).

Our first meeting was at the other lawyer’s office, which has a rectangular table. Husband was already seated on one side when we arrived. I sat across the table from him and wife sat down next to me. After settling in, she then looked up, and realized that she was now on one side of the table, while husband was on the other. Without a word, she got up and moved across so that she could sit next to husband before we began our work. From that point on, the couple sat together for all of our team meetings. Wife had literally walked the walk to stick to her important family goal of avoiding taking sides.

This couple promised each other that they and their kids would always remain a family, now and in the years to come, despite their choice to divorce. That commitment required that, in addition to resolving their finances, these partners had to keep in mind this important relational piece of their work together. This sweet couple continued to hug, fist-bump, and occasionally bicker as they successfully worked through the issues of their separation and divorce in a series of team meetings. At the end, they laughed and cried in appreciation at what they’d accomplished together.

They taught me something very important: In a family-centered divorce, there really, truly is only one side. I’ll continue to share their important insight with all those I have the honor of helping divorce peacefully.

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