Seattle Attorneys Blog

What Happens When You Want a Divorce and Your Spouse Doesn’t?

August 28, 2014 | by Blair & Kim, PLLC

Many family law clients seeking divorce have spouses that have already agreed that the marriage is over. However, in some cases there is one spouse who isn’t ready to end the relationship. In these cases, the spouse that is prepared to divorce is often concerned about what happens when the other spouse tries to stop the divorce. In some cases, the responding (non-petitioning) party ends up agreeing that divorce is imminent after the petition is filed, but sometimes the responding party remains steadfast.

If the responding party argues that the marriage is not irretrievably broken, the court may (after a review of the relevant circumstances) order the parties to participate in counseling. RCW 26.09.030. Then, if the parties reconcile the petition for dissolution is dismissed. If the parties do not reconcile, the court will enter a decree of dissolution regardless of the other party’s dissent.

However, while your spouse will not be able to stop you from getting divorced, they can slow the process down. The dissolution process can be slowed by failing to agree on reasonable terms, requesting unnecessary discovery, and by arguing for continuances (among other things). It is important to tell your lawyer that the other party may be dragging his or her feet in the litigation process. Your lawyer may advise taking actions against the other party for unnecessary delays.

3 Issues to Think About When Considering Appealing a Family Law Order

August 20, 2014 | by Blair & Kim, PLLC

There are people who walk away from a family law trial or hearing feeling like justice was not done. They may feel like the judge was unfairly biased, that the other party was awarded too much money, or that the order makes for an otherwise unworkable result. In these circumstances, people are often wondering what their options are. There are a few ways to appeal a family law decision. One option is to ask the courts to reconsider its decision. Another is to ask for a revision. There are other methods to seek a change to orders that may be used in certain circumstances. Regardless of what type of appeal you are considering, it is usually a good idea to think about the following:

1. Timing. There are limitations on when motions for appeals may be brought. It is important that your appeal is filed prior to the deadline. If you do not appeal in a timely fashion you will lose your opportunity to do so.

2. Cost. There are times that the cost of appealing a court order is not worth the benefit you would receive from successfully doing so. If there would be significant legal costs associated with your appeal, and only a limited gain if you are successful, it might not be worth pursuing.

Who Decides What Extracurricular Activities the Kids Can Participate In?

August 13, 2014 | by Blair & Kim, PLLC

When parents are in a committed relationship (like marriage) they usually discuss and agree on what extracurricular activities the children participate in. Parents consider whether their household can afford the activities, whether the activities are safe, and how much say the child will have regarding whether to participate. Extracurricular activities can include everything from chess club, sports, ski bus, or boy scouts. Decisions regarding extracurricular activities (especially those on an ongoing basis) can have major impacts on the child’s schedule and the parent’s pocketbook. As you can imagine, these decisions can be especially difficult in families where the parents are living separate and apart.

Sometimes, the parenting plan and/or child support order dictate the decision making process for extracurricular activities. It might dictate how the parents split the costs of the extracurricular activities, or how many activities a child may participate at a time. However, in most cases the plan and order say little about extracurricular activities beyond apportioning the cost of such activities between the parties. This often leaves the parties with little guidance when deciding whether a child may participate in an activity. Here are a few considerations for a parent (who is not married to the child’s other parent) thinking of signing a child up for these activities:

Consider the child’s residential schedule. When deciding whether to sign a child up for an activity, look at when the activity is supposed to take place, and then compare that to the child’s residential schedule. If all the meetings are on Wednesday nights, and the child is not scheduled to reside with you on Wednesday night, you will probably need the other parent on board in order for the child to participate.
Consider the cost. Does the order of child support give any guidance as to how the costs should be shared, or is the parent who signs the child up solely responsible? These are important considerations if you are living on a budget. You will also want to make sure that you don’t need the other parent’s consent prior to signing the child up for an activity that you would like to share the cost of.
Consider asking for agreement even if you don’t have to. Sometimes, even where the orders don’t require it, it is best to ask the child’s other parent whether they will agree to the child participating in an extracurricular activity. If a child has expressed interest to you, they may have told the other parent too, and that parent might be happy to share the burden and expense of the extracurricular. *This is obviously not advisable if there is any order restricting communication between you and the other party.

If you are considering terminating your relationship with your child’s other parent, it is probably in your best interest to speak with an attorney about how participation in extracurricular activities will be decided and afforded. If you have questions about this or any other issue, please contact us.

How the Increase in Home Values Might Impact Your Family Law Case

August 11, 2014 | by Blair & Kim, PLLC

The Seattle Times recently published an article stating that house prices in Seattle have finally rebounded to (and surpassed) house values before the market crash of 2007. This is good news for homeowners. This includes most homeowners facing dissolution proceedings. Here are a few ways the increase in house values may affect your dissolution case.

Real estate will be viewed as an asset not a liability. For the past seven years we have been dealing with houses that have little or no equity, and as such are often viewed as a liability not an asset. Instead of leaving the house and equity to the less-economically-advantaged spouse, the house was often left to the more-economically-advantaged spouse, because in many cases that was the only spouse that could afford the house and the debt (and it would not be possible to sell the home for the amount owed on the home). Now, with more homeowners having equity, it will be more likely the court will award the home to the spouse most in need of the equity – or the place to live.
Refinancing will be easier. Prior to 2007 it was common to have a property settlement agreement or decree of dissolution require that whoever received the home refinance and remove the other spouse from the mortgage on the property. After 2007, this became more difficult. In many instances, homes were worth less than the loan and requests for refinance were refused. This meant that some former spouses were required to continue being responsible for debt on a property that no longer belonged to them.

Special Considerations for Special Kids

August 1, 2014 | by Blair & Kim, PLLC

We all know (and probably love) a child that does not have typical abilities, or who struggles with certain areas of life. These kids face challenges that typical children do not and as such have different needs. Working in the field of family law it is important to consider the specific needs of children that have special needs. In most instances, families with a special needs child will need a parenting plan that addresses that child’s special needs. They also may need an order of child support that is able to deal with the child’s special expenses. Here are 3 things parents with a special needs child may want to consider while facing a family law case involving that child:

Special Expenses: Does your child have special needs that may cause additional expenses outside of the normal cost of raising a child? Perhaps this relates to their medical needs, their occupational therapy, or increased costs of retrofitting equipment or clothing. These additional expenses should be discussed with your family law attorney. RCW 26.19.075 allows the court to grant a deviation to the standard child support level for high expenses related to the special needs of a disabled child. RCW 26.19.075(1)(c)(iii).
Parenting Plan: In addition to speaking with a family law attorney, unmarried or divorcing parents who are creating a parenting plan should consider speaking with someone who has expertise dealing with children with their child’s specific special needs. That expert may advise parents on the best way to help the child transition or thrive in a two-parent household. If the court is asked to rule on the residential schedule of a child, the court will consider the developmental level and emotional needs of the child. RCW 26.09.187
Long-Term Financial Support: In some circumstances, a special needs child will continue to have special expenses after the child has reached adulthood. If you have a special needs child who is nearing adulthood, it is important to speak with your family law attorney about whether you may continue to collect child support from the other party if your adult child will continue to need care.

If you have a special needs child, it is important that you make your attorney aware of that child’s abilities and special needs and expenses they may have. Your family law attorney can advise you on the proper way to ensure that your order of child support and parenting plan address your child’s special needs. Please contact us if you would like to discuss this or any other family law issue with a Seattle family law attorney.

Relocation

July 9, 2014 | by Blair & Kim, PLLC

We live in a world where people’s careers often require them to move to find work or allow their career room to grow. We also live in a world where many families are dealing with parenting plans and raising children in two separate households. Relocation actions are what happens when these two realities intersect.

Upon receiving a notice of relocation, non-primary parents are often shocked, hurt, and confused. Below please find a few notes about the relocation process. This is by no means a substitution for legal advice or a complete summary of the laws and procedures regarding relocations in Washington.

In relocation cases, timing is very important. Most of the time, notice should be provided by the moving primary parent to the non-primary parent sixty days in advance of the proposed move. RCW 26.09.440(1)(b)(i). After receiving notice of intent to relocate, a person has only thirty days to file an objection with the court. RCW 26.09.500. The objection is made by filing a form with the court (this is not the only way to provide notice of your objection, but it is the most common and perhaps most clear objection). If you do not object within thirty days, the move will be permitted by the court.

Learn More About Your Seattle Criminal Defense Lawyers

July 9, 2014 | by Blair & Kim, PLLC

When charged with a crime, people tend to panic. After all, being charged with a serious crime can be a life altering experience. Some men and women may be nervous about the situations that await them because of their charges. For example, people that are charged with a DUI can be arrested and forced to spend time in jail. They may also need to attend DUI rehabilitation classes and may even lose their job because of their poor choice to drink and drive. A teacher who is charged with a sex crime will certainly lose his or her job if convicted. As well, being convicted of a crime comes with social implications. People may lose contact with their loved ones if they are convicted of serious crimes like murder, drug offenses, or theft crimes. People who are charged and convicted of domestic violence may lose the ability to spend time with their children or may be commanded to avoid friends with a restraining order.

The results of being convicted of a crime can be horrific, but you may not need to suffer these horrible difficulties. With the right Seattle criminal defense attorney on your side, you may be able to go up against the prosecution well-equipped. The right attorney will be willing to work through whatever situation you are involved in. In order to get the representation that you need, you will have to choose a compassionate and caring but aggressive and hardworking attorney. That is what you get when you choose to hire an attorney from Blair & Kim. This is a Seattle criminal defense firm that has been in operation since 1995. The firm understands how to get the best results for people in need and to provide clients throughout the state of Washington with the highest degree of client service and representation.

One of the reasons that Blair & Kim stands apart from other firms in the area is because the founding attorney, Mark Blair, used to be a Washington state prosecutor. While working on the other side of criminal law, he got to know the men and women that make up the courts of Washington with a friendly familiarity. He also learned a lot about how the prosecution thinks through cases and he can now anticipate the actions that they are going to take in almost any situation. After spending some time acquiring knowledge as a prosecutor, Attorney Blair decided that he wanted to help those in need by advocating for the accused in court.

Criminal Defense; The Importance of Continuing Legal Education

June 28, 2014 | by Blair & Kim, PLLC

When facing criminal charges, choosing the right attorney is one of the most important decisions you make. It can also be one of the most difficult. If you or someone you love has recently been charged for a crime, including driving under the influence of alcohol or drugs, working with an experienced and proven lawyer should be your first priority.

At Blair & Kim, PLLC, Seattle Criminal Attorney Mark Blair is a former prosecutor and seasoned defense attorney who has handled more than 15,000 criminal cases. He also has a record of success defending clients charged with DUI and DUI-related crimes. Aside from his proven track record, Attorney Blair continually commits himself to remaining up to date with new laws and expanding his legal skills.

What is continuing legal education?

Children’s Personal Items – 3 Considerations

June 25, 2014 | by Blair & Kim, PLLC

When parents of minor children end their relationship, there are often questions regarding who gets to keep the children’s belongings. This issue is usually addressed during mediation or litigation, and resolved in the divorce decree. When it comes to the children’s bedroom furniture, it is often ordered that the kids keep their furniture at the home they will be spending the majority of their time. For more portable items, there may not be any mention of them in the decree, so parents have to figure these issues out on their own. Parents should consider the following:

For special items like teddy bears and other comfort items, it is often best to allow the child to bring the items with the child from house to house. This can make the transition easier, and give the child some consistency.
For clothes and hygiene items (toothbrushes, hairbrushes, etc.) it is best to have items at both houses. This avoids the risk that the child leaves the necessary items at the other parent’s home. We’ve had clients that even have coats waiting in the car so the child doesn’t bring his or her coat from house to house. This works for some families, but is unnecessary for others, who don’t mind sharing clothes.
Special gifts often present tricky situations. A parent may spend a substantial amount on a gift for a child’s birthday or other holiday, and want the exclusive right to watch the child enjoy that toy. That said, it can make the transfer to the other parent’s house difficult for the child. He or she may be really excited to play with the toy and want to bring it along. In these cases, it may be helpful to prepare the child for the fact that they will not be pemitted to bring the toy along to the other parent’s house – don’t leave it for the minute they are supposed to leave. In the alternative, it is sometimes worth it to allow the child to bring the object with them. If you are worried about getting it back, it is helpful to get written agreement from the other parent that they will send it home with the child at the end of their residential time.

Transferring from one home to another can be tough on kids. Consider your kids’ best interests when you decide how to handle their personal belongings. If you have children and are facing divorce, pleasecontact us.

DUI Attorney Mark Blair Receives Training on Washington’s New Breath Test Machine

June 21, 2014 | by Blair & Kim, PLLC

Attorney Mark Blair is committed to providing Blair & Kim, PLLC’s clients with the best possible legal representation. To achieve this, he regularly attends continuing legal education courses and legal seminars that expand his skills in the areas of DUI law and criminal defense. Although he has already earned a proven record of success defending clients charged for driving under the influence, Attorney Blair chose to familiarize himself with Washington’s newest breath test device – the DRAEGER 9510

In May, Mark attended a seminar conducted by the Washington Foundation for Criminal Justice that focused entirely on the state’s latest breath test machine. The seminar covered all aspects of the device, which law enforcement agencies in Seattle and the entire state will be using to test the blood alcohol content (BAC) of motorists suspected of drunk driving.

The seminar program consisted of an intensive course that trained attendees on the entire operation of the device, including basics of infrared spectroscopy and electrochemical analysis. The seminar also featured discussions comparing old equipment to the new machine, the various physiological aspects that affect breath alcohol monitoring, chemical interferants, and mouth alcohol.