Seattle Attorneys BlogDuring 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
Articles Posted in Family Law
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.
Three Areas of Law That Frequently Intersect with Family Law Cases
In addition to traditional family law issues, family law attorneys must be prepared to work with clients dealing with issues outside of the family law arena. Family law attorneys often encounter clients dealing with tax law, criminal law, and immigration law issues. It is important that a family law attorney is able to spot potential issues in other areas of law and either advise their clients of the potential problem areas, or be prepared, as necessary, to refer them to attorneys that practice in the other areas. Continue reading
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
One Way to Save Money on Your Divorce Proceedings: Get Along
Most people facing a divorce (called dissolution of marriage in Washington) have heard the horror stories about the cost of divorce proceedings. We have heard and witnessed these stories too. However, in many cases there is one major way to combat this problem: compromise on issues of lesser importance during the proceedings, and be as kind as possible under the circumstances. In our experience, couples who go through the divorce process amicably spend less money than acrimonious couples. Continue reading
Divorce After a Long-Term Marriage
Divorce (called dissolution of marriage in Washington) after a long-term marriage can be especially difficult. Families, finances, housing, and emotions have likely become well enmeshed after twenty or more years of marriage. The procedure to end a long-term marriage is the same as the procedure to end a short or medium-term marriage, but there are certain issues that become especially important in long-term marriages.
Retirement is among the greatest concerns for couples that have spent twenty plus years together. If both spouses worked earning roughly the same amount of retirement benefits each year of marriage, the process can be as simple as dividing the retirement assets equally. But in situations where one party has earned less retirement benefits than the other party or has earned no retirement benefits at all, this can be a more difficult process. It is important to consider the future retirement benefit earning potential of each party. One of the main considerations in this issue is how much time and ability each spouse has to earn additional retirement benefits prior to reaching retirement age. The division of retirement assets is an important part of most divorces at the end of a long-term marriage. Continue reading
Petition for a Declaration of Invalidity (a.k.a. an Annulment)
Annulment is a term in family law that many are familiar with. This is probably partially because of the dramatic circumstances that can lead to annulments (ex. Britney Spears in 2004). Most people understand the term to mean that there was something wrong at the time of marriage that makes the marriage invalid, and so the parties (or party) may annul the marriage and go back to life like the marriage never happened. While Washington State does not have a legal action called an “annulment,” it does have a process whereby a person can obtain a declaration of invalidity. The result of the declaration of invalidity is the same as the annulment process: the marriage is over without the need for a divorce.
Many people are excited about the idea of ending their marriage without the need for the divorce process (called the “dissolution process” in Washington), however only specific (and rare) circumstances satisfy the requirements for obtaining a declaration of invalidity. Petitioning the court for a declaration of invalidity is not a common occurrence, even for experienced family law attorneys. The court may grant a declaration of invalidity in the following circumstances: Continue reading