Seattle Attorneys BlogIn 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
Articles Posted in Divorce
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.
Valuing Property as Part of Your Divorce Case
Most divorces include the division of property. In some cases, especially those with limited assets, this can be a very simple, straightforward process. However, in cases involving complex assets, especially those of high-value, the process can be much more complicated. In these more complicated cases, it may be necessary to hire experts and obtain formal appraisals. Continue reading
Alternative Dispute Resolution in Family Law Cases
In many family law cases, the parties choose to use a dispute resolution method other than going to court. In some family law cases, parties are actually required to participate in the alternative dispute resolution process before they will be permitted access to the courts. No matter what the reason for participating in this process, there are many benefits to using the alternative dispute resolution process in family law cases.
By way of definition, alternative dispute resolution includes informal negotiations between the parties all the way to days of arbitrating before a professional arbitrator with both parties represented by counsel. Court orders sometimes require some level of alternative dispute resolution as a way of minimizing costs and resolving disputes without the use of the court system. Continue reading
Temporary Child Support
If children are involved in a family law case, there is sometimes a need for temporary child support. Fortunately, Washington State has a procedure for obtaining temporary child support. Temporary child support is child support that the court orders to be paid by one parent to the other for the benefit of the child(ren) during the pendency of the case. The request for temporary child support can be made at the same time as other initial pleadings in a case, or can be brought later as the need arises or as the party is ready to make such a request. Continue reading
3 Circumstances When You Should Speak with a Family Law Attorney
Sometimes people wait to consult with a family law attorney until after their case has progressed too far and there are less options for an attorney to use to help them. Obviously it is best that you speak with a family law attorney whenever you have questions about how the law might impact your family structure or family finances, but we recognize that this is not always possible. That said, there are circumstances under which you should make an extra effort to consult with a family law attorney. Here are a few circumstances under which we strongly recommend that you speak with a family law attorney if at all possible: Continue reading
How to Divide Retirement Assets
Retirement assets can be a substantial part of a couple’s financial portfolio. This is especially true for couple’s that have worked a long time in their careers and those nearing retirement age. In many cases, the division of these assets is necessary to effectuate a just and equitable division of the marital assets (as required by RCW 26.09.080). When we address retirement assets with our clients, many are concerned about the tax consequences of such a division. They worry that the division of the retirement asset may be treated as a withdrawal and taxed and/or penalized accordingly. The division of retirement assets may be a bit more complicated than the division of other types of assets (like bank accounts, real property, and personal property), but with an experienced family law attorney there to help you, it need not be overwhelmingly difficult.
Discovery in Family Law Cases
The discovery process is one of the most important parts of many Washington family law cases. The discovery process is the process by which both parties in a family law case obtain information and/or documentation from the other party or third parties. During the process many different types of information may be obtained using several different discovery methods. A family law attorney can help a client develop a discovery plan that properly fits the needs of their case.
One method of discovery is interrogatories directed to the other party. “Interrogatories” is the word we use for questions asked of one party of a dispute. The questions may be simple and the answers may provide only specific facts, or they can be more complicated and include multiple parts. In some counties there are limits on how many Interrogatories may be sent to the other party.
How to Save Money in Your Family Law Case
Most people that hire attorneys to represent them are concerned about how much they will be spending on their attorney and other court fees. While good representation is invaluable when so much is at stake, there are ways that you can reduce your legal costs without sacrificing having the best representation possible. Here are some ideas we have for our family law clients: Continue reading
3 Links that are Important for a Person Dealing With a Family Law Case
Sometimes people want information about the dissolution process prior to speaking with an attorney. There are links available that can give these people a general idea about the process and the laws that will affect their case.
- The Superior Court Civil Rules link is here. These rules dictate how court procedure will take place in Washington Superior Courts. It is also important to know the local rules for your county. The link to a list of local court rules is here. These rules will also be important to your case. Many counties have rules that relate specifically to family law cases.
- Some of the forms used in the dissolution process are located here. Many people find it useful to review the forms that will be used in the case they are planning to file (or respond to). The forms can also give them an idea of what types of information they need to prepare to provide their attorney.