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Articles Posted in Family Law

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Wife Denied Modification of Washington Spousal Maintenance

A former spouse seeking modification of Washington spousal maintenance must generally show a substantial change in circumstances.  A former wife recently challenged the denial of her request for modification. According to the appeals court’s unpublished opinion, the parties married in 1991 and divorced in 2014.  The wife was a stay-at-home…

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Washington Court Denies Grandmother Visitation

Parents have a fundamental right to make certain decisions regarding their children, including decisions regarding visitation with grandparents.  A nonparent relative may petition for visitation if they have an ongoing and substantial relationship with the child and harm or the substantial risk of harm to the child is likely if…

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Modification of Washington Spousal Maintenance after Remarriage

Washington spousal maintenance generally ends if the spouse receiving then maintenance remarries.  In some cases, however, the parties may agree or the divorce decree may provide that maintenance continue beyond remarriage.  In a recent unpublished case, a former husband challenged a court order that maintenance continue even after his wife’s…

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Joint Title Gift Presumption Not Applicable to Washington Property Characterization

Inherited property is generally characterized as separate property in a Washington divorce, but what if the spouse signs a quitclaim deed adding the other spouse to the title? The Washington Supreme Court has clarified that the joint title gift presumption does not apply when a court divides property in a…

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Washington Appeals Court Upholds Mother’s Felony Harassment Conviction

Some custody cases can become so acrimonious they result in Washington civil protection orders and even criminal court.  In a recent unpublished case, a mother challenged her convictions of felony harassment and felony violation of a protection order. When the parents divorced, the mother was awarded sole custody of the…

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Washington Annulment and Fraud Involving the Essentials of Marriage

Washington public policy favors a presumption that a marriage is valid.  Case law has held that a party seeking a Washington annulment must show the marriage is invalid by “clear, satisfactory, and convincing evidence.” A marriage is invalid if one party was induced to enter into it by “fraud involving…

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Washington Committed Intimate Relationship Doctrine Not Applicable to Married Parties

Washington family law recognizes committed intimate relationships, which are stable relationships where the parties cohabit knowing that they are not lawfully married.  It is an equitable doctrine, intended to protect unmarried partners who acquire property during the relationship. Before distributing property under the doctrine, the court must first determine whether…

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