Attorney’s Fees
Community Property
Washington is a community property state. The term “community property” is a family law term which makes all of the personal and real property
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Confidentiality
Payroll records, tax records, medical records, financial information, e-mails, texts, and sensitive information are accessible online in today’s world of computers and the internet.
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Contempt
Contempt is a violation of a court order. An order of child support, parenting plan, temporary order, final decree of legal separation or divorce
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Debts
The division of debts is like the division of property in that the court is charged with making a fair and equitable of debts. Often times, debts follow the award of property. For example, if a car is awarded to a party and the car is not owned free and clear, the car payments will […]
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Default Motions
Court procedures are all about time deadlines. If a petition is served on the responding party within the state of Washington, the party served has 20 days to respond to a petition. If the party is served out-of-state the party has 60 days to respond to a petition. If the petitioning party does not receive […]
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Financial Declaration
: A financial declaration is a mandatory state form, 131, which is typically required in family cases. It provides the court with a snapshot of your expenses and the payments you anticipate paying during your separation.
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Maintenance
RCW 26.09.090 is the basis for determining if maintenance should be awarded in Washington. Spousal support or alimony is based on the need of one spouse and the ability to pay by the other spouse. The standard of living during the marriage, the assets, and debts are critical. The maintenance order shall be in such […]
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Motions
Motions parallel petitions for divorce, legal separation, paternity, modifications of parenting plans for child support, etc. Petitions are the big picture and ultimately result in final orders. Motions are what is needed in the temporary term. For example, a petition for divorce may well take a year to be resolved. In the interim, support, debts, […]
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Name Change in Divorce or Legal Separation
Name changes are a simple matter. One simply has to request it in the petition or response to petition.
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Property
In dealing with property both separate and community, including chattel, retirement accounts, and real property the court is charged with making a division that is fair and equitable in light of the facts of the case, which does not mean 50-50. Typically, retirement accounts which have been identified as community are divided equally. If a […]
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Washington Is A Forms Driven State
The mandatory forms are located at Washington State Courts – State Forms. The State of Washington, in an effort to make the law accessible to all, went to mandatory forms for family law and many other areas of law, such as domestic violence, behavioral health, etc. It is extremely difficult to fly by the seat […]
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When Can a Child Decide Who to Live With
Many parents believe children can decide which parent they want to live with primarily at age 12. They are mistaken. Children can decide which parent to live with primarily at age 18. But as a practical matter, if there is a problem, the court may make a decision in view of the particular facts of […]
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