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Articles Posted in Family Law

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Washington Court Finds House Purchased a Month Before Marriage Remained Separate Property

Characterization of property as separate or community in a Washington divorce case is determined at the date the property was acquired.  An increase in separate property’s value is presumed to also be separate property.  Separate property remains separate unless there is clear and convincing evidence showing it was converted to…

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Washington Appeals Court Upholds Community Property Characterization of House Purchased Before Marriage

In many Washington divorce cases, characterization of property as separate or community can be a contentious issue.  A property’s character is determined when it is acquired.  Property that is established to be separate is presumed to remain separate unless there is sufficient evidence to show the intent to convert it…

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Limitations in Washington Parenting Plan upon Finding of History of Domestic Violence

When a court makes a finding there was a history of domestic violence in a Washington custody case, it must impose limitations on the decision-making authority and in most cases the residential time of the parent who committed the domestic violence.  A mother recently challenged a parenting plan based on…

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Washington Court Awards Unpaid Wages in Committed Intimate Relationship Case

Income acquired while people are in a Washington Committed Intimate Relationship (“CIR”) is treated as community property.  At the end of a CIR, a court may only distribute property that would be characterized as community property if the parties were married. A party recently challenged a monetary award for unpaid…

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Washington Appeals Court Affirms Dismissal of Custody Modification Petition for Lack of Adequate Cause

A trial court generally can only modify a Washington parenting plan if it finds, based on new facts since the prior plan, that there has been a substantial change in circumstances of the nonmoving party or the child. The court must also find the modification is in the child’s best…

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Washington Court Did Not Have Authority to Review Parenting Plan Arbitration Decision

Arbitration and alternative dispute resolution can save parties to a Washington divorce some of the expense and stress of litigation.  The ability to challenge a decision resulting from a voluntary arbitration may be limited, however.  In a recent case, a father sought court review of an arbitration decision relating to…

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Former Husband Cannot Be Required to Name Ex-Wife Sole Beneficiary of Retirement Accounts in Washington Divorce

A trial court in a Washington divorce case has broad discretion to justly and equitably distribute the property.  The court must analysis the relevant factors as set forth in RCW 26.09.080. The court may distribute both community and separate property and does not need to find exceptional circumstance to support…

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Collateral Estoppel Precludes Child from Seeking DVPO after Washington Court Denied Custody Modification

Allegations of domestic violence can affect a Washington custody case.  A Washington appeals court recently considered whether a child could pursue a Domestic Violence Protection Order (“DVPO”) against his mother after another court denied his father’s petition to modify custody based on the same domestic violence allegations. Walla Walla County…

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Washington Appeals Court Affirms Parenting Plan Awarding Residential Placement to Father

Pursuant to RCW 26.09.191(5), a court in a Washington custody case may not draw presumptions from the provisions of the temporary parenting plan when it enters a permanent parenting plan.  The court must instead base the permanent residential custody on the child’s best interest as determined at trial.  The court…

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Washington Mother Required to Undergo Specific Type of Therapy to Have Equal Residential Time

In a recent Washington custody case, a mother challenged a parenting plan that required her to undergo a particular form of therapy to receive equal residential time with the child.  An appeals court reviews the provisions of a parenting plan under a manifest abuse of discretion standard, meaning the trial’s…

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