Seattle Attorneys BlogIn family law cases, people are often confused and worried about whether or not they have to have a trial. Many are nervous about testifying, the judge being mean, and/or having to sit across from the opposing party. Trials can be stressful, intimidating, and not conducive to a harmonious co-parenting relationship. Fortunately, there are other options for concluding a family law case that do not involve a trial. Here are a few ways that family law cases can be settled without the need for a trial: Continue reading
Articles Posted in Divorce
Legal Costs and Family Law Cases
We have covered the issue of legal costs during family law cases on this blog before, but we think it is an important enough issue to merit further discussion. Each person has their own priorities and it is important that your family law attorney be willing to adjust their usual procedure to help you reach your objectives without ruining your financial future (or be honest about their inability to change their procedures enough to fit your budget and let you seek help elsewhere). Sometimes, keeping costs low during a family law proceeding is pretty high on a client’s list of priorities. Here are a few (more) ways to save on legal costs during your family law case: Continue reading
Property Divided Upon Dissolution
As part of the dissolution of marriage process in Washington, according to RCW 26.09.080 “the court shall, without regard to misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors…” Prior to dividing property and liabilities, the court must identify what property exists. For the most part, it is the job of the parties and their lawyers to show the court what property needs to be divided. At times, the identification of property can be difficult. (It should be noted, while the courts will divide property if asked to do so, it is also an option for most couples to divide their own assets and liabilities without court intervention.) Below, we provide a few examples of property that is sometimes overlooked during the dissolution of marriage process. Continue reading
Three Issues to Consider When Choosing an Attorney
When confronted with a legal issue, many people have to go through the process of choosing an attorney for the first time. Choosing the right attorney for the legal issue you face is an important decision. As attorneys, we understand the importance of choosing the right attorney for you and your case, and with that we provide these issues to consider when choosing an attorney: Continue reading
Divorce and the Discovery Process: Five Areas of Focus
During a Washington State Divorce a divorcing spouse will have the ability to ask questions (through interrogatories or depositions), request documents, and ask for admissions from the other party (and third parties); this process is called the discovery process. Here are five areas that divorcing people should focus their attention on during the discovery process. Continue reading
Preparing For Divorce: Your Relationship With Your Kids
After last week’s blog post about preparing yourself for divorce (called dissolution of marriage in Washington State) we had more to say on how to prepare your relationship with your children for your divorce and subsequent two-house family. (Please note, this article is also relevant for non-married couples with children when the parents are planning to separate.) The end of a marriage can be very difficult for children. In this article we write only about the issues related to your legal case (though oftentimes what is in the best interest of your legal case is also in the best interest of your child’s emotional health). We recommend that if you have any questions about how to guide your child emotionally, you speak to a person trained to assist with children’s emotional well-being (for example, a counselor or psychologist).
Four Ways to Prepare for a Potential Divorce
People often spend months or years considering whether to get divorced (called dissolution of marriage in Washington State). This time should not be wasted. There are things that should be done in case your marriage does come to an end. Here are a few things to consider doing in the time leading up to the filing of a petition for the dissolution of marriage: Continue reading
How to Protect Yourself if Your Former Spouse Refuses to Pay Debts
After a divorce (called dissolution of marriage in Washington State), most people feel relieved and ready to move on with their lives. Unfortunately, in some instances the divorce decree is not the end of their dealings with their former spouse. Of course this is true for people who have children together – as we’ve all witnessed these former spouses are bound for eighteen years (or in most cases life), but even former spouses that do not share children may be bound through their shared debts. While a property division as part of the divorce decree may assign community debts to one party or the other, this assignment does not impact the agreement the spouses already made with the credit card company, mortgage company, or other financing institution to be jointly and severally liable for any remaining debt. This means the creditor could still come after the party that was not assigned a debt if the assigned party does not pay. There are a few ways to help reduce the chance that these liabilities will continue to wreak havoc on your life (and your credit). This article discusses some of the most commonly used protections.
Parenting Plans: Vacations
Parents are sometimes surprised about how vacation provisions are drafted into Washington State parenting plans. The term “vacation” within the parenting plan can be a bit misleading. In reality, instead of drafting vacation time to be used exclusively for traveling (meaning reserved for use when one parent will actually be leaving town with the kids), many family law attorneys draft the parenting plan section titled “Vacation” to be for providing each (or if circumstances require, only one parent) uninterrupted time with the children. In essence, this uninterrupted time is a break from the usual rotation of the parenting plan. A parent’s uninterrupted time with the parent’s children can be a time to travel with children, plan uninterrupted activities spanning a week or more, or just spend lots of extra time together. The vacation schedule is an important part of the Washington State parenting plan, and it should be carefully considered.
The way most parenting plans are drafted, parents are free to decide what to do with their vacation time. They do not actually have to leave town to exercise their vacation time. Some parents choose to use the time to stay home with their kids. Other parents use it to travel out of the state or out of the country. Continue reading
How the Improving Economy Might Impact Your Family Law Case
With the economy improving and unemployment going down, things are changing in the lives of many families in Washington. People are changing jobs, changing careers, relocating for new opportunities, and (happily) earning more money. For families with unmarried or divorced parents of minor children, these changes can mean more than a new job, higher salary, or a move, it can mean that it is time to bring a family law action, or respond to a family law action that has been brought against them. Continue reading