Spousal maintenance can be a contentious issue in some Washington divorces. In Washington, a court may order spousal maintenance in a divorce case in the amount and for the amount of time “as the court deems just,” after it considers the relevant factors. RCW 26.09.090 sets forth a non-exhaustive list…
In some Washington divorce cases, one party may have advantages over the other. In a recent case, a former husband sought to vacate the divorce order, arguing the wife had misrepresented the documents he signed. According to the appeals court’s opinion, the husband’s father was American and his mother was…
When a court orders Washington child support, it must follow the statutes and make the required findings. In a recent unpublished case, a father challenged a child support modification order that imputed income to him and required him to share in expenses related to the child’s gymnastics activities. The mother…
Often, after a divorce or break-up, one parent may wish to relocate. Relocation of a child under a Washington custody order is governed by the child relocation act (“CRA”). A parent with shared custody must notify the other parent when they wish to relocate. If the other parent objects, the…
Characterization of property as separate or community in a Washington divorce case is determined at the date the property was acquired. An increase in separate property’s value is presumed to also be separate property. Separate property remains separate unless there is clear and convincing evidence showing it was converted to…
In many Washington divorce cases, characterization of property as separate or community can be a contentious issue. A property’s character is determined when it is acquired. Property that is established to be separate is presumed to remain separate unless there is sufficient evidence to show the intent to convert it…
When a court makes a finding there was a history of domestic violence in a Washington custody case, it must impose limitations on the decision-making authority and in most cases the residential time of the parent who committed the domestic violence. A mother recently challenged a parenting plan based on…
Income acquired while people are in a Washington Committed Intimate Relationship (“CIR”) is treated as community property. At the end of a CIR, a court may only distribute property that would be characterized as community property if the parties were married. A party recently challenged a monetary award for unpaid…
A trial court generally can only modify a Washington parenting plan if it finds, based on new facts since the prior plan, that there has been a substantial change in circumstances of the nonmoving party or the child. The court must also find the modification is in the child’s best…
Arbitration and alternative dispute resolution can save parties to a Washington divorce some of the expense and stress of litigation. The ability to challenge a decision resulting from a voluntary arbitration may be limited, however. In a recent case, a father sought court review of an arbitration decision relating to…