In this article, you will discover: The stages of a spousal maintenance dispute in Washington state. What happens at a spousal maintenance hearing. Financial documents that are needed in a spousal maintenance hearing. What Are The Typical Stages Of A Spousal Maintenance Dispute? The stages of a spousal maintenance dispute are the same as for a divorce proceeding. Two people are not getting along, and they want to file a petition for the dissolution of their marriage. When you file a petition for dissolution, the form will ask whether you're requesting spousal maintenance. That would be the first time you would declare your request for spousal maintenance. At that juncture, you don't necessarily have to mention the amount or the length of time you’re seeking for spousal maintenance. You can…Read More
In this article, you will discover: What rights a father has prior to establishing paternity through court in Washington. Whether an unmarried father can have his name added to a child’s birth certificate if the court hasn’t established paternity. How a father establishes paternity and files for custody in Washington. What Are A Father’s Legal Rights In Washington Before Paternity Is Established? While a father theoretically has the exact same rights to his child as a mother, Washington looks at the determination of historical parenting plans to determine parental access. For that reason, a presumed father’s legal rights to his children depend on the scenario. If parents were together, the father's parental rights are equal to that of the mother before establishing parentage. If the mother and father are separated,…Read More
Legal disputes involving your family can be emotionally taxing and challenging to navigate. However, with the right strategies, you can protect your children’s well-being, safeguard your finances, and keep conflicts from escalating. This article provides insights into: How to talk to your children about legal disputes in an age-appropriate way. Managing financial strain and avoiding unnecessary legal costs. Tips for de-escalating tensions while protecting your parental rights. What Steps Should I Take To Safeguard My Children During A Legal Dispute? Safeguarding your children during a legal dispute can be one of the most difficult challenges in family law. While your attorney and the court can address legal violations through remedies like contempt or enforcement, they cannot control the other parent’s behavior or words. The best way to protect your children…Read More
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
