Divorce

Alternative Dispute Resolution in Family Law Cases

March 9, 2015 | by Blair & Kim, PLLC

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

February 24, 2015 | by Blair & Kim, PLLC

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

February 16, 2015 | by Blair & Kim, PLLC

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

February 9, 2015 | by Blair & Kim, PLLC

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

February 3, 2015 | by Blair & Kim, PLLC

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

January 26, 2015 | by Blair & Kim, PLLC

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

January 17, 2015 | by Blair & Kim, PLLC

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.

What is Venue, and How Could it Affect My Family Law Case?

January 17, 2015 | by Blair & Kim, PLLC

If Washington State has jurisdiction over a dissolution case and the involved parties, the next question is usually which county to file the dissolution petition in. While Washington State law applies to all cases, regardless of the county of filing, there are times that people want to choose one venue over another. Sometimes a choice of which county to file in has an easy answer.

For example, if both parties to a family law case live in Island County, the case should be filed in Island County. But what happens when one party lives in Pierce County, and the other is in King County? In these cases the rules of venue become especially important. RCW 26.09.010(2) permits that proceedings may be filed in the superior court of the county where the petitioner (the party filing the petition) resides. However, if the petitioner does not reside in the county where he or she files the case, the respondent may have an absolute right to have the venue changed to the county in which the respondent resides. Continue reading

Motions for Contempt in Family Law Cases

January 5, 2015 | by Blair & Kim, PLLC

What happens when after orders are entered in your family law case, the other party violates the order? In some cases, you can file a motion for contempt and ask the court to enforce the order. A motion for contempt can be appropriate in the following circumstances: one parent fails to allow visitation as required by the parenting plan, one parent will not return the child to the other at the end of the visitation, one parent fails to encourage the child to comply with the parenting plan. A motion for contempt may also be appropriate if child support or spousal maintenance are not being paid as ordered. Furthermore, contempt motions may be used to require the other party to give you property awarded to you by a court order. Motions for contempt may also be necessary to enforce temporary orders or other permanent orders.

If you are considering filing a motion for contempt, you should be sure you have adequate grounds to do so. In most cases, this means speaking with a family law attorney about the orders that have been violated and your best method of redress. In many cases, an attorney will recommend that you remind the other party of the order (in writing) and ask that the other party comply. The attorney will also probably advise that you keep records of these requests and any other documentation necessary to prove that the orders were violated.

If the court finds that the other party is in contempt, it can order a number of remedies depending on what type of order was violated. That said, in addition to whatever remedy is obtained, if the other party repeatedly fails to comply with court orders, an order of contempt can create a record of these actions. In some cases, if there are multiple findings of contempt (or even only one finding), the court may provide additional remedies to ensure that the order is not violated again.

Winter Break, Holidays, and Parenting Plans

December 19, 2014 | by Blair & Kim, PLLC

Parenting plans should be drafted to fit the needs of the particular children whose lives (or residential schedules at least) will be governed by them. This includes spending extra time thinking about how the child will be best served during their winter break from school and during the winter holidays. There are many different ways the winter breaks and holidays can be scheduled within a parenting plan. Below please find a few examples:

Break Split Down the Middle. For some families, the importance of the number of days of the break spent with either parent supersedes the importance of any winter holidays the family might celebrate. This is also the choice of families who choose not to celebrate holidays.
Break Split Down the Middle but Include Holidays. This plan is similar to the plan described above, but also provides that the child will reside with one parent or the other for the holidays the family celebrates. This plan can work well as it ensures nearly equal time spent with both parents, and also allows for alternating holiday schedules so both parents get an opportunity to celebrate with the children. However, it can also mean more transitions for the children, and may be difficult in cases where the parents live far apart.