Seattle Attorneys Blog

Petition for a Declaration of Invalidity (a.k.a. an Annulment)

June 3, 2015 | by Blair & Kim, PLLC

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

May 22, 2015 | by Blair & Kim, PLLC

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

May 13, 2015 | by Blair & Kim, PLLC

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

Is a 50/50 Parenting Plan Stressful for Children?

May 3, 2015 | by Blair & Kim, PLLC

It probably goes without saying that most family law attorneys are not psychologists, mental health counselors, or child development researchers; however, family law attorneys do work to stay up-to-date on issues related to how family law and child development intersect and how we can help our clients help their children deal with two-home families. As family law practitioners we are always excited to see new research on how custody arrangements (called residential schedules in Washington) are impacting kids. A recent Time magazine article, “This Divorce Arrangement Stresses Kids Out Most” describes a recent Swedish study looking at different types of custody arrangements and how the arrangements affect children. Continue reading

Postsecondary Child Support – A Reminder

April 26, 2015 | by Blair & Kim, PLLC

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:

Preparing for your DUI Arraignment

April 26, 2015 | by Blair & Kim, PLLC

What happens when you are pulled over for driving under the influence? what if you didn’t go to jail, and you aren’t sure if you were even arrested? How do you know if you will be charged and when? Continue reading

When a co-defendant is charged with the same offense: State v. Downs

April 21, 2015 | by Blair & Kim, PLLC

For starters, let’s say that John Doe is charged with possession of a firearm when he is pulled over by police late one night. At the time he was charged, he was in a car with a friend who is indisputably the one who possessed the gun and concealed it under the seat of the car prior to the traffic stop. All reports from the law enforcement officers indicate that the weapon was possessed by the friend of your client. The officers searched the vehicle and found the gun under the friend’s seat. The State charged the friend with and is now trying to make an example of Doe. So what do you do?

Frequently Asked Questions – Part 2

April 18, 2015 | by Blair & Kim, PLLC

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

Neighbors and No Contact Orders

April 15, 2015 | by Blair & Kim, PLLC

Washington State courts can issue an No Contact Order (NCO) as condition of sentence, but can they require a distance requirement that results in a hypothetical client being prohibited from living in his residence which is next door to the alleged victim? The statute authorizing a no contact order states that such a order must clearly be read to prohibit conduct as the principal legislative intent. See e.g. RCW 10.99.040(2)(a)(“contact” mentioned 4 times before the single mention of “distance”). Continue reading

The Fellow Officer Rule

April 10, 2015 | by Blair & Kim, PLLC

Hypothetically, you have a police officer who while driving her car past a intersection observes a individual selling crack on the street corner, he directs another patrol car following directly behind him to arrest the individual. Can he do this? how is this legal?