Topics
Family Law
Click to read more about family law and how it can affect you. (pdf)
Marriage
- Are same-sex marriages
allowed in Washington state? If not,
can a same-sex couple go to another
state and get married?
Click to read more about same-sex marriages. (pdf)
- I finally got my significant other
to propose to me after 4 years of waiting,
and he did so romantically at the
Seahawks game in front of 50,000 people.
Now, he wants me to sign a prenuptial
agreement before we set a date. Come on,
is this right?
Click to read more about prenuptial agreements. (pdf)
Adoption
- My spouse and I would like to
adopt a child, maybe from a foreign
country. What are the basics of doing this?
Click to read more about adoption. (pdf)
Divorce and Separation
- My relationship with my
significant other is in turmoil. I
want to work it out, but it seems
that a separation is going to be
needed. What can I do?
What is a legal separation?
Click to read more about legal separation. (pdf)
- I am going to get a divorce and I am
worried about attorney’s fees and costs. I
have never dealt with a lawyer before. My
wife and I are somewhat on friendly terms,
but I heard that lawyers can be expensive.
Can a lawyer work on the divorce on a
contingency fee? What is the normal fee?
Click to read more about attorney fees. (pdf)
- I heard that no matter what,
the court is going to divide our
marital assets 50%-50% when I get a
divorce from my husband. Is that
true? Is that fair? Can I get more
than 50% of the assets?
Click to read more about splitting marital assets. (pdf)
- What is the soonest I can
get a divorce in Washington? If I can
prove that my spouse had an affair on
me while we were married does that
entitle me to more money or assets?
Click to read more about divorce. (pdf)
- What percentage of cases end up
going to trial in divorce or custody cases?
What options are there other than trial? Is
there a jury trial in divorce cases?
Click to read more about family law jury trials. (pdf)
- I want this divorce over with,
right now! I can’t stand dealing with my
spouse anymore. Why do I have to wait 90
days to get divorced? What is the average
time for people to get divorced anyway?
Click to read more about the waiting period for divorces. (pdf)
- Under what circumstances will the court award alimony or spousal maintenance to a spouse?
The term used in California is “alimony”; in other states, “spousal support,” ; in Washington, our state uses the term spousal maintenance. The court will often award spousal maintenance to a spouse who is earning less than the other spouse and usually from a long-term marriage. The spousal maintenance is a device to equalize the parties post-dissolution earnings.
- What assets are divided in a divorce?
All assets of the parties have to be disclosed and divided. This includes property acquired before marriage. Usually, such separate property will remain the separate property of the party who owned it prior to marriage, but there are a few exceptions to this. People often forget that they have to divide up intangible property, such as retirement benefits, 401K, IRAs, or other employment related assets.
Custody
- My ex-spouse and I divorced
five years ago and she has custody of our
three children. I am very active in their
lives, but now, my ex says that she and
the kids are all moving to Florida. Can I
stop her from moving with my children?
Click to read more about preventing your ex-spouse from moving your children. (pdf)
- Can I get custody of my
nephew? If not , can I help my sibling
get custody of this boy (my nephew)?
Click to read more about obtaining custody of nephew. (pdf)
- I have 3 children, ages 4, 7 and 13. My
wife and I divorced 2 years ago and she has
primary custody and I have visits on every
weekend and every week on Wednesday night.
Now, I think it would be best for my children to
come live with me. Also, the 13 year old has
expressed a preference to come live with me.
What should I do?
Click to read more about court ordered parenting plan. (pdf)
- How does a court decide which parent will get custody of children?
The standard phrase is “what is best for the children?” There are several factors under the statute, but mostly, the court focuses on what environment will be best for the children and what parent did the most parenting before separation.
Child Support
- My ex-spouse and I moved
from another state and we agree that we
can waive child support. Can we adjust
or modify the child support in
Washington? Can we make it zero?
Click to read more about waiving child support. (pdf)
- I have a court order that says I am
supposed to pay $500 per month for my child
to his mother for post secondary educational
support until the child is 23 or graduates
from college, whichever is later. I do not
even think that my child is going to college
anymore and he is 22. What can I do? Do I
have to pay until he graduates from college,
even if this does not occur until age 26+?
Click to read more about post secondary educational support. (pdf)
- In 2001, the court ordered my
ex-spouse to pay me $600 per month in
child support for our 2 children and
although he is timely on his payments,
$700 per month is not enough. It seems to
cost much more than this each month for
our 2 teenage children. What can I do?
Click to read more about adjusting child support. (pdf)
- How is the amount of child support calculated?
The legislature designed a grid with the basis needs of children ages 0-11 and 12-18, and depending on the combined income and the number of children in a family, has determined a base monthly amount for all children. This number is then divided by the relative income of the two parents, so if one parent earns $2.00 to every $8.00 of the other parent (and 80-20% split), then the higher earning parent will pay 80% of this base monthly amount per child.
- Once a court issues a child support order, can the amount of support that is paid be changed?
Yes; every two years or more, parents should change their child support amount as the children get older, the incomes changes, and sometimes, the grid itself changes.
- How is child support collected if the person responsible for paying it moves to another state?
The case is transferred to the other state for collection. Most states honor the other states court orders.
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