In Washington, instead of filing for dissolution of marriage, a spouse may request what is called a legal separation. People, are often confused about what this means. This is probably partially because the term “legal separation” or “separated” is used in different ways in family law. First, the term is…
Articles Posted in Family Law
Parenting Plans in Practice
Recently, in the family law community a discussion was had regarding how strictly parenting plans are followed by our clients. While the question was batted around for a while with anecdotal stories of perfect compliance and/or utter disregard of the plans, the answer was less than conclusive. That is: it…
More on Real Estate and Divorce
In most divorces, property has to be divided. Oftentimes, a divorcing couple’s most valuable asset (or greatest liability) is their real property (i.e. their house). As such, special attention must be paid to this property both during and after dissolution of a marriage. The New York Times recently ran an…
RCW 26.19.071: The Standards for Determination of Income for Child Support Purposes
When deciding the appropriate level of child support, the court has to determine the income of both parties involved (i.e. the parents). The determination of income (what’s included and what isn’t) is often the most important financial finding a court makes during an action involving child support. It has a…
No Fault Divorce
Washington is a no-fault-divorce state. This means that assigning blame, and/or proving that one spouse or the other is at fault for the marriage failing, is not necessary. This comes as a surprise to some people who come into our office to consult regarding the end of their marriage. Some…
Name Change at Time of Divorce
As part of a petition for dissolution of marriage, a petitioner may ask that the court order that his or her name be changed. In many cases, this request is made by a woman asking that her name be restored to her pre-marriage name. For some, especially those without children…
Three Alternatives to Court
Often, when a person comes into our office they assume that every family law dispute ends up with a judge handing down a verdict, after a public hearing. In family law, most of our cases involve some of our clients’ most intimate personal and financial concerns. As such, in most…
Extending the Waiting Period
The current RCW 26.09.030 requires that parties wait until ninety days after the filing of a petition before a decree of dissolution can be entered. There is a bill currently under consideration in the state Senate, seeking to change the waiting period from ninety days to one year. According to…
Discover the Possibilities: The Basics of the Discovery Process
Once a family law action is filed with the court, some clients are surprised to learn that they have the ability to obtain information from the other party, and even third parties, which is otherwise difficult or impossible to obtain. Other clients are surprised when they receive a hefty document…
Real Estate and Divorce – Knowledge is Power
As part of most divorce property distributions, at least one piece of real property has to be distributed. For many people, dissolving their marriage is the first time, in a long time, that they have had to think about their real estate holdings as more than a place they call…