Seattle Attorneys BlogMost people facing a divorce (called dissolution of marriage in Washington) have heard the horror stories about the cost of divorce proceedings. We have heard and witnessed these stories too. However, in many cases there is one major way to combat this problem: compromise on issues of lesser importance during the proceedings, and be as kind as possible under the circumstances. In our experience, couples who go through the divorce process amicably spend less money than acrimonious couples. Continue reading
Articles Posted in Family Law
Divorce After a Long-Term Marriage
Divorce (called dissolution of marriage in Washington) after a long-term marriage can be especially difficult. Families, finances, housing, and emotions have likely become well enmeshed after twenty or more years of marriage. The procedure to end a long-term marriage is the same as the procedure to end a short or medium-term marriage, but there are certain issues that become especially important in long-term marriages.
Retirement is among the greatest concerns for couples that have spent twenty plus years together. If both spouses worked earning roughly the same amount of retirement benefits each year of marriage, the process can be as simple as dividing the retirement assets equally. But in situations where one party has earned less retirement benefits than the other party or has earned no retirement benefits at all, this can be a more difficult process. It is important to consider the future retirement benefit earning potential of each party. One of the main considerations in this issue is how much time and ability each spouse has to earn additional retirement benefits prior to reaching retirement age. The division of retirement assets is an important part of most divorces at the end of a long-term marriage. Continue reading
Petition for a Declaration of Invalidity (a.k.a. an Annulment)
Annulment is a term in family law that many are familiar with. This is probably partially because of the dramatic circumstances that can lead to annulments (ex. Britney Spears in 2004). Most people understand the term to mean that there was something wrong at the time of marriage that makes the marriage invalid, and so the parties (or party) may annul the marriage and go back to life like the marriage never happened. While Washington State does not have a legal action called an “annulment,” it does have a process whereby a person can obtain a declaration of invalidity. The result of the declaration of invalidity is the same as the annulment process: the marriage is over without the need for a divorce.
Many people are excited about the idea of ending their marriage without the need for the divorce process (called the “dissolution process” in Washington), however only specific (and rare) circumstances satisfy the requirements for obtaining a declaration of invalidity. Petitioning the court for a declaration of invalidity is not a common occurrence, even for experienced family law attorneys. The court may grant a declaration of invalidity in the following circumstances: Continue reading
Time is of the Essence in Family Law Cases
We all have certain things we procrastinate about. It seems that we are most likely to procrastinate on the tasks that we least like to do. Maybe a person hates doing the dishes, and so she lets them pile up in the sink. Some people hate exercising and always think they will get to it tomorrow (which becomes tomorrow’s tomorrow and so on and so forth). Needless to say, there are many people that don’t want to deal with their family law issues and thus they procrastinate. Unfortunately, waiting to take action in family law cases can have dire impacts on your case. Here are three examples of consequences that can occur by delaying taking action in a family law case.
- Default Order. In family law cases one party usually brings an action. This can be by motion or petition. Then, the other party (often referred to as the responding party) provides their response. After the responding party’s response, the party bringing the petition or motion usually gets to file a reply. In some cases the party that is supposed to respond fails to do so. This can occur because that party fails to file anything at all, or fails to file the documents on time and the court refuses (or is unable to review them). Needless to say, the court having only one party’s material prior to making a decision can cause them to be persuaded that the party who
- Loss of Child Support.
How Washington State Pattern Forms can Help you Prepare for your Family Law Case
Most (if not all) family law cases in Washington will involve a pattern form. Pattern forms are forms provided by the state of Washington for use in proceedings in Washington cases. Family law is an area of law with a number of forms designed for all different types of family law cases. If you are considering filing a family law action in Washington, it is worthwhile to review the Washington State pattern forms to give you an idea of what types of issues the court can and will address during your proceedings. Continue reading
Postsecondary Child Support – A Reminder
Spring in Western Washington is a time for rain, tulips, planting gardens, and planning for summer vacation. It is also a time for unmarried parents of high-school aged children (especially seniors in high school) to consider whether they will be looking to their child’s other parent for help paying for college or technical school. Some parents are surprised to discover that they can’t wait until fall, when their kids will actually start school, to deal with how their child’s postsecondary education will be paid for. Waiting for fall may be too late!
In most cases postsecondary child support is not included in the original order of child support, and it is instead reserved (or not addressed at all) for parties to deal with at a later date. Importantly, the later date must be prior to the end of the current order of child support. Most orders of child support terminate when the child turns eighteen or graduates from high school whichever is later. Parents should check their orders of child support to see when their order terminates.
It is important to note that postsecondary child support is not mandatory. Courts may refuse to order post-secondary support based on the circumstances of the child or the parents. When deciding whether to order postsecondary support courts look to RCW 26.19.090. This statute sets forth the standards for postsecondary educational support awards. The court in these cases must determine whether the child is still dependent on the parents. If the child is still dependent on the parents, the court is to determine whether to award postsecondary support, how much to award, and for how long support should be provided based upon the following factors:
Frequently Asked Questions – Part 2
To continue from last week’s post, here are more questions frequently asked by Washington clients involved in family law cases:
- Am I allowed to move?
When an unmarried parent wants to move they have to consider how their move may impact their relationship with their child. With that in mind, many unmarried parents come into our office wondering whether they are permitted to move. The short answer is usually yes. The longer (and more helpful answer) is that it depends. When we say that people can move, we mean that they do have the right to move. What they may not have the right to do is move their children. In general, if an unmarried parent wants to move within the child’s current school district, it will not be a problem and they are free to do so. However, if the move is outside the child’s school district boundaries, the move should be discussed with a family law attorney. In these cases some parents may be required to provide more formal notice, and may end up needing to go to court to ask the court to permit them to move with their children. Continue reading
Frequently Asked Questions – Part 1
In family law, we see a wide variety of cases; family law cases can vary as much as the families involved in the cases do. That said, there are some similar issues and questions that come up in our cases. This is a FAQ list for Washington State family law cases. Continue reading
An Overview of Legal Separation in Washington State
Many people that come into our office hoping to “legally separate” from their spouse are unsure what being legally separated actually means. In many cases, when we explain what a legal separation is, people decide that a legal separation is not what they are looking for. In many cases, they opt instead to file for dissolution of marriage and file temporary orders during the pendency of the proceedings. This article attempts to provide some basic information on the legal separation process, and why some people choose it over divorce.
Modifying or Terminating a Protection Order in your Family Law Case
Protection orders may be granted in a number of circumstances. They can be agreed upon by the parties. They can also be ordered by the court after a hearing of the parties. In some cases the need for a protection order decreases, or the protection order unnecessarily impacts the restrained party from employment or other opportunities. If one or both parties believe that the protection order should be modified, they can seek that modification or termination by motion.
Termination or modification of an order of protection is governed by RCW 26.50.130. This statute provides the process for how to request that a court modify or terminate a protection order. What follows is a summary of that process. Continue reading