Custody disputes are emotionally charged and legally complex, and even small missteps can have lasting consequences – but with the right approach, you can protect your parental rights and focus on what matters most: your child’s well-being. This article explains: Why communication and record-keeping are vital. How unsupported accusations can damage your credibility. The importance of adhering to court orders and seeking professional legal guidance. Mistake #1: Failing To Communicate With The Other Parent Failing to communicate with the other parent can seriously harm your custody case. Courts often emphasize the importance of co-parenting and effective communication, even when the relationship between parents is contentious. If you don’t respond to communication from the other parent, you risk being brought to court for abusive use of conflict or lack of communication.…Read More
Handling Your Divorce On Your Own If you can agree to the terms of your divorce with your to-be ex-spouse, it’s completely reasonable to conclude that you won’t necessarily need a divorce attorney to navigate the process alongside you. Legally, divorce attorneys are not mandatory. The court will accept paperwork you or your to-be ex-spouse have drafted that includes an agreement and the underlying terms. A Word Of Advice Given how emotionally charged divorces are, it’s easy to be clouded by emotions and unreasonable expectations. A general piece of advice I’ll leave you with is this: step outside of yourself. Think of your case from a third party's perspective. Would someone else who looks at your case see it as fair and reasonable? If not, then it isn’t fair and…Read More
Distinguishing Between Marital And Non-Marital Property In Washington, property is categorized into community property, separate property, and quasi-community property. Community property includes assets acquired during the marriage, such as income earned, purchases made, or debts incurred. Property titled in both spouses’ names is typically considered community property. Separate property refers to assets owned by either spouse before the marriage or acquired through inheritance or gifts during the marriage. Separate property generally remains with the individual owner unless it becomes commingled with community property. Quasi-community property is property acquired by either spouse in a non-community property state that would have been community property if acquired in Washington. It typically applies to property acquired before moving to Washington. If, for example, you own separate properties before getting married and use community funds…Read More
The Basics In Washington, spousal maintenance, also known as alimony in other jurisdictions, is not automatically awarded in divorce cases. Instead, the court considers 11 different factors outlined in the statute to determine whether spousal maintenance is appropriate, how long it will be in effect, and the amount. Some of the factors taken into account include: The income and expenditures of each spouse. Their respective needs and abilities. The standard of living during the marriage. The duration of the marriage. These factors help the court assess the financial situation and needs of both parties to make a fair determination. While there isn't a precise formula the court uses when calculating spousal maintenance, a general rule of thumb used by attorneys is that for every four years of marriage, one year…Read More
Determining Child Support Determining child support by and large ties back into the parenting plan. Typically what happens is once the court has identified the primary parent, that is, the parent who spends the majority of the time with the children — typically around 80% or more of the residential time — the other parent will be deemed as being responsible for providing child support. Since child support is seen as a right of children in Washington, it's not a decision left to the discretion of the parents to waive or neglect. Even if one parent chooses not to pursue or collect child support, the court will typically order it based on the child's entitlement to support, regardless of the parents' wishes. The goal in doing so is to ensure…Read More
One thing so many overlook in divorce litigation is the mental toll the process takes on any children that are caught in the middle. Many people focus solely on the spouses and the division of assets and liabilities, neglecting the long-term impact on their kids. It's important to remember that children very often carry the emotional effects of a divorce well into their adult lives. Children simply must receive any and all support they need. This could include therapy, counseling at school, or talking to a mental health professional. As an attorney, I do my utmost to inform my clients about the potential impact their actions may have on their children. I also recommend ways they can support their children's emotional well-being as their divorce unfolds. They don’t always listen,…Read More
As is the case with everything else in the legal world, there is a set process for divorce cases. We’ll explore this process of a standard divorce in Washington here – but before we get into the details of it all, let’s tackle some misconceptions. Common Misconceptions About Divorce Over my decade-plus of time in family law handling divorce cases, I can’t tell you how many times I’ve come across people who wrongly believe that since they didn’t work over the course of their marriage, they aren’t entitled to any of the community property, be it a house or other high-value piece of property. This assumption is entirely baseless. In reality, Washington State operates under community property laws. This typically entitles both spouses to a fair share of marital assets acquired during the marriage,…Read More
Divorce is, more often than not, an incredibly difficult ordeal to experience. It’s easy for lawyers to focus only on the legal aspects of the process, but as much as this makes sense, I prefer to adopt a high-level view and discuss the front end of divorce with my clients, along with many other facets. Doing so means I can provide them with more comprehensive support as they themselves begin contemplating divorce in Washington – or perhaps are blindsided and find themselves in the midst of their spouse or significant other as already having started the process. Preparing For Divorce Washington State is a community property state, which means anything that was acquired during the marriage is presumptively community property. So, even if your name was not titled on an asset or…Read More
In this article, you will discover: Washington Courts’ approach to custodial rights for stay at home parents in a divorce. How the court evaluates whether or not to award spousal support to stay at home parents. What stay at home parents can do to prepare for divorce proceedings in Washington state. Does The Stay At Home Parent Automatically Get More Custodial Rights When Parents Are Divorcing In Washington? When determining custody arrangements, the court often considers the status quo, especially if the stay-at-home parent has been the more frequent caregiver. However, it’s crucial to note that the other parent should not be penalized for working. To address this, the court will usually look at what happens after work as well. Factors such as helping with homework, making dinner, spending time…Read More
In this article, you will discover: The alternative dispute resolution methods in contested divorce cases. How you can find the funds you need to start (or to properly respond to) divorce proceedings. How to deal with financial restraints as you move through the divorce process. Are There Alternatives To Litigation In Divorce Or Family Law Matters That Individuals Should Explore Outside Of The Traditional Court Process? Indeed, many individuals prefer to avoid the court process in divorce due to the associated costs and emotional toll. Litigation often becomes entangled with personal pride and heightened emotions rather than a focus on what is legally fair and equitable. As an alternative, parties may opt for mediation or negotiate a settlement before filing a case. If both parties are relatively aligned, they can…Read More
