Family Law
For all family law issues, I provide a free initial consultation (up to 30 minutes). My normal hourly fee is $150.
For some services I may be able to offer a flat fee. For most services, I charge an hourly rate and require a refundable retainer fee.
Although I am an attorney, the information on this page is not intended as legal advice. If you have a question about a legal issue relating to your divorce or family law problem, you should consult a lawyer.
Divorce
Unfortunately, many marriages in America end up in divorce. According to some statistics, as many as 50% of marriages will not work out. Despite the prevalence of divorce in our country, however, it is something that is never easy. Further, divorce can have a huge impact on your finances and a potentially life-long effect on your relationship with your children. Securing the services of a divorce attorney is essential to achieving the best results.
- General Information on Divorce in Washington
- Specific Information on Divorce in Kitsap County
- Differences Between Married Couples and Domestic Partners?
- Temporary Orders
- Uncontested Divorces
- Collaborative Divorces
- Contested Divorces
- Military Divorces
- Domestic Violence
- Post-Divorce Issues
Divorce: General information on Divorce in Washington
A divorce in Washington is called a dissolution of marriage. Divorce in Washington starts when you have both filed your divorce papers with the court and served them on your spouse. After both of these tasks have been done, your spouse typically has a 20 day period to respond (60 days if your spouse is out of state). Regardless of whether your spouse responded to your divorce papers, there is a mandatory 90 day waiting period in Washington before a divorce can be finalized.
Although there is a 90 day waiting period in Washington before the divorce can be finalized, there are many things you can do during the pendency of your divorce. Washington allows either party to make a motion for temporary orders at any time during the divorce. Although the waiting period was originally intended to allow the parties time to reconcile, it is more typically used to negotiate with the other party or to prepare for trial. However, if the parties do decide to reconcile, the divorce can be dismissed.
Finally, the divorce is finalized. Typically the easiest way for this to happen is by an agreement of the parties. This often happens after a settlement conference. If the parties cannot reach an agreement, then there will be a trial and the judge will make an order dividing up property, deciding who has custody of the children, who should pay child support and how much, who should have visitation rights and when, etc.
No matter how he divorce is resolved, the final orders are binding and can be difficult to modify. It is important that whatever is contained in the final orders not only serves your interests in the short term, but the long term as well. Especially in a parenting plan (which determines custody and visitation rights) you need enough definiteness to make your rights clear and enforceable, but at the same time enough flexibility to allow for changes of circumstances in the future. This is where a lawyer can be particularly helpful. Seeking the advice of an experienced family law attorney, even if only for an hour, can make an enormous difference.
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Divorce: Specific Information on Divorce in Kitsap County
Although most of the divorce paperwork is standardized throughout Washington, there are some local rules and customs which specifically apply to Kitsap County. More importantly, knowing how a judge or commissioner typically rules, which lawyers are reasonable and will negotiate, which lawyers will fight things out, and other characteristics of the local bar can have a significant impact on what results you can achieve during your divorce. This is one of the primary reasons it is important to hire a local attorney who has a grasp of what the situation is like.
Although many procedural rules are governed by the Washington rules of civil procedure, counties in Washington have local rules of civil procedure which govern family law proceedings (as well as other types of proceedings). Although the Kitsap County rules of civil procedure do not differ from the state rules in every respect, there are significant differences. These include things like when hearings will be held for the different types of motions, whether they will be heard in front of a judge or a commissioner, when a hearing needs to be confirmed, local rules regarding discovery and trial practice for family law cases, and much more. A family law attorney can help you navigate these rules.
The filing fee for a divorce in Kitsap County is $250.
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Divorce: Differences Between Married Couples and Domestic Partners?
Under Washington law, dissolving a domestic partnership is somewhat different than dissolving a marriage. Although much of the paperwork is now shared for a dissolution of marriage and a dissolution of domestic partnership, there are still some significant differences. Primarily, the dissolution of domestic partnerships is handled more similarly to dissolving a "meretricious relationship" (cohabitation without marriage, discussed elsewhere on this page).
This has two very significant effects. First, a domestic partner, unlike a spouse in a divorce action, is not entitled to spousal support (alimony). Second, and very unfortunate for domestic partners who cannot afford an attorney, it is much more difficult to get the other party to pay attorney's fees. In a divorce action, attorneys can ask the court to order attorney's fees at various points in the proceedings, which makes it much easier for a lawyer to accept a pro bono case. However, if there is significant property involved, an attorney may still take the case by putting a lien on the property that will be divided at the end of the dissolution.
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Divorce: Temporary Orders
Washington allows a wide array of requests to be brought by temporary orders. Lawyers typically file and serve motions for initial temporary orders at the same time they file and serve your divorce papers. These orders can either be agreed to by the parties or ordered by the court. In either case, they are binding orders and if they are not obeyed it is contempt of court.
Things that are usually resolved through temporary orders in a divorce case are temporary child support, who has custody of the children during the pendency of the divorce, what visitation rights the other spouse has during the pendency of the divorce, temporary spousal support, restraints on withdrawing large sums of monies or liquidating assets, restraints on taking the children out of state, and a wide range of other items.
PLEASE NOTE: IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, YOU SHOULD IMMEDIATELY SEEK A RESTRAINING ORDER OR PROTECTIVE ORDER AGAINST YOUR SPOUSE. IF YOU ARE AFRAID OF IMMEDIATE PHYSICAL HARM, YOU SHOULD CALL 911!
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Divorce: Uncontested Divorces
An uncontested divorce typically refers to a divorce where the parties have reached some sort of agreement, and the attorney is being hired to handle the paperwork and legal issues. Although seemingly the most simple, this type of divorce can actually cause a great deal of confusion and problems down the road if not handled properly. This is because in an uncontested divorce the lawyer is hired by one party, but the other party often believes that the lawyer is representing their interests as well. This is not really the case.
The ethical rules governing the conduct of lawyers prohibit an attorney from representing adverse parties, such as the spouses in a divorce case. Thus, an attorney cannot represent both spouses. He or she represents only one spouse, the one who is paying him, and has the duty to represent that spouse as effectively as possible. While this works well if there is another lawyer representing the other party, it can become confusing in an uncontested divorce, where the other party does not typically have an attorney. After all, most of the reason people want to do an uncontested divorce is to save money on attorney's fees.
So what kind of problems does this create? Well, it is ethical for an attorney in this situation to make sure the other party, who is representing themselves, is properly advised that they are not the attorney's client and if they are uncertain of any issues they should hire their own attorney or at least consult with one. However, this does not always happen in practice. Thus, often what happens is that one party, the unrepresented party typically, does not get nearly as good a deal as the represented party. While this might seem great to the represented party, it can create problems in the future, after the divorce, when the unrepresented party thinks the divorce was unfair and hires an attorney to modify things.
Because of this, it is important to find a family law attorney who is ethical and willing to advise what they think is fair even if it is not what their client wants. In my practice I always try to make sure both parties understand their position and be as ethical as possible. This minimizes the chances of the other party wanting to modify things later and having to go through an even more complicated proceeding down the road.
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Divorce: Collaborative Divorces
Some couples are able to work together and resolve their divorce amicably and respectfully. Resolving a divorce this way can save you a large amount of time and money as well as make the transition easier for your children. It can also provide a very solid foundation for life after divorce, to minimize the chance of there being any more litigation. By working together and achieving a result both parties can agree to, the chances of any issues being revisited later are greatly reduced.
Collaborative divorce practice tries to address these issues. Although there has always been some collaborative aspect practiced by family law attorneys, who typically prefer negotiation to litigation, it is only recently that a more formal system for working together has emerged. This is embodied in the collaborative divorce movement, which has only recently begun here in Washington, and is just getting started in Kitsap County. By having a more formal agreement between the parties and their lawyers, this takes the practice of mediating, negotiating, and other conflict resolution tools to the forefront.
Perhaps the most significant and important aspect of collaborative divorce practice is that the parties agree they will not go to court. This means no stressful and expensive trials, no making the children appear as witnesses testifying about their parents, and a much smoother transition out of marriage.
Although there are many positives to collaborative divorce, the parties involved need to seriously and realistically evaluate their ability to compromise and the circumstances of their divorce. Many people are unwilling or unable to compromise on certain things, especially in the emotionally tense situation of divorce. In some situations, things may have become so volatile that mediation is impossible. If there is not a significant hope that the parties will be able to come to an agreement, collaborative divorce is probably not the right option and may actually cause more frustration and expense because the parties will eventually have to go through the collaborative divorce process and then go on to the contested divorce process as well.
It is important for a family law attorney to be able to evaluate your situation and give you candid advice as to whether a collaborative divorce is the best option for you. It is also important that your lawyer is willing to pursue a contested divorce instead of a collaborative divorce when it suits your best interests to do so.
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Divorce: Contested Divorces
When people hear the word "contested" images of fighting and turmoil often come to mind. It is important to realize that even when a divorce is contested many, if not most, problems are solved through negotiation. Although a represented party may not get exactly what they want, justice is certainly not dead and if they have competent representation each party will typically get a fair, though not necessarily stellar, result.
Although the ultimate resolution of a contested divorce may be trial, it is uncommon for any family law cases, including divorce, to go that far. Nearly all divorces end up settling before they go to trial. Depending on which statistic you read, as many as 95-98% of divorces do not go to trial. This is because most people seek to avoid trial. First, it is very expensive and requires an immense deal of work. Second, it can wreak emotional havoc on the parties and their children. Third, trial can be a very unpredictable process and takes the control away from the parties to some extent.
During a contested divorce, it is extremely important to hire a family law attorney who will stand up for your rights and not crumple during negotiations. They need to be willing to take the matter to court if they think you are not getting the result you deserve. At the same time, you will want an attorney who is willing to negotiate so that you can avoid unnecessary expenses, retain control of the proceedings, and not inflame the adversarial situation further.
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Divorce: Military Divorces
There are several federal laws designed to protect service-members. Although the basics of obtaining a divorce are about the same for both service members and civilians, it is important that you are aware of special laws effecting members of the armed forces, particularly as they relate to military retirement, disability pay, and default actions. Consulting an attorney now could save you a huge amount of money down the road.
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Divorce: Domestic Violence
We can assist you in acquiring a protective order which will help protect you from domestic violence.
PLEASE NOTE: IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, YOU SHOULD IMMEDIATELY SEEK A RESTRAINING ORDER OR PROTECTIVE ORDER AGAINST YOUR SPOUSE. IF YOU ARE AFRAID OF IMMEDIATE PHYSICAL HARM, YOU SHOULD CALL 911!
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Divorce: Post-Divorce Issues
After a divorce there may be modifications of spousal support, child support, and child custody. If your former spouse is attempting to make a modification, or you think there is a reason for modification, you should contact a family law attorney.
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Legal Separation
For various reasons a couple may decide pursue separation instead of divorce. Whether it be to try to reconcile, for religious reasons, or other reasons, it is often in the parties' best interest to make these arrangements formal. A separation may be formalized by contract or by a decree of legal separation. Be aware that oral or written agreements concerning topics such as property disposition, arrangements for children, or support payments made during separation may be taken into an account if the separation turns into a divorce. It is important to receive the advice an attorney about any separation arrangements.
Annulment
An annulment can be granted when a marriage was invalid, and essentially says that the marriage never existed. An annulment can be granted for various reasons, such as lack of capacity of one party, fraud, one party being ineligible to marry, or one spouse already being married at the time of the second marriage.
Meretricious Relationships (Cohabitation)
Many people are surprised to find out after cohabiting with a partner for some times, even though they were never married, they are subject to some of the same laws as a divorcing couple. Many people confuse meretricious relationships with common-law marriage. They are two separate, though in some ways similar, situations.
Am I in a meretricious relationship? Many people don't even know they are in a meretricious relationship. They think they are just living with their partner, perhaps specifically to avoid the potential harm of a divorce. However, if you are cohabiting with your partner, and acting similarly to a married couple (sharing property, sharing a bank account, sharing custody of children, etc.) the court may deem that you are involved in a meretricious relationship.
What is the effect of being in a meretricious relationship? If you are deemed to have been in a meretricious relationship, you will go through proceedings similar to those of a divorcing couple. One significant difference is that there is typically no spousal support obligation.
Because this is a complicated area of law, where the rules have been built haphazardly over the years, it is particularly necessary to hire an attorney.
Child Support
Child support in Washington (as well as Kitsap, Jefferson, and Mason County) is calculated by statutory guidelines based on the parties' monthly incomes. The court adds up the parties' total incomes, then figures out what percentage each parent is contributing. For example, if the husband makes $3,000 and the wife makes $2,000, then the total income for child support purposes is $5,000. Based on this figure the total support amount owed for the child is calculated. Then, the court looks at the parent's proportional share of the income to determine how much support they owe. In our example, the father would owe 60% of the support ($3,000/$5,000) and the mother would owe 40% of the support ($2,000/$5,000). Continuing with the same example and assuming the parents file their taxes in the normal fashion, there are no special expenses for the child, etc., the child support amount would be a bit over $600, but let's leave it at a round $600 for demonstration purposes.
So, after figuring out the total child support amount, then what? Well, it depends on who has custody of the child. The person who has custody is the "obligee" (person receiving child support) and the person who does not have custody of the child is the "obligor" (person paying child support). The amount of support owed is based on the obligor's proportional share of the total child support amount. So, let's say the mother has custody in our example. The total child support owed is $600, and the father's proportional share of child support is 60%, so the father will have to pay the mother 60% of $600, or $360, in child support each month.
Of course, this is the simplest possible child support case. In reality there are many more factors to consider such as daycare, healthcare, private school tuition, long distance travel expenses for visitation, how the parties are filing their taxes, and many more issues. If this example seems complicated, you should seriously consider hiring an attorney to handle your case.
Child support if one spouse is unemployed or under-employed. If one person is vultarily unemployed, it is likely that the court will "impute" their income for purposes of child support. This is done by looking at the typical wage a person of that age and gender sould be making, based on national studies. The same process is done if one party is voluntarily under-employed (e.g. only working 20 hours per week. Note that to impute an income for child support purposes, the employment situation must be voluntary. If the person is involuntarily unemployed, such as perhaps recovering from an injury, their income would not typically be imputed for child support.
Child Custody, Visitation, and Parenting Plans
In Washington (as well as Kitsap County, Jefferson County, and Mason County) child custody and child visitation issues are handled in what is called a parenting plan. The parenting plan designates who is the custodial parent, which is the parent who spends the majority of time with the child or children. The parenting plan also determines when the non-custodial parent has visitation. This may include holiday visitation, spring break visitation, summer visitation, winter break visitation, special vacation visitation, and all other visitation.
The parenting plan can also determine other issues. For example, it is very common to tell how transportation costs for child visitation are split between the parties (50-50, based on the child support obligation, one party pays all expenses, etc.). Other provisions may be included as well, such as neither parent may speak badly of the other parent in the child's presence, neither parent may discuss child support issues with the child, etc. The parenting plan can also set up special types of visitation such as telephonic or video visitation.
As can be seen, there is a lot of flexibility in what can be included in a parenting plan. It is important to include as many useful provisions as you can in the parenting plan and keep the parenting plan up to date, because the court relies on the parenting plan if a dispute arises. If at some point you feel the other party is not obeying the child custody or child visitation schedule you set up, you can have the other party held in contempt of court. But, the court can only place them in contempt if they violated a provision that is actually in the parenting plan (or another court order) and there is a clear violation of the order. This is why it is important to have a family law attorney at least look over the paperwork, go over your options, and draft the parenting plan.
Spousal Support & Alimony
Spousal support in Washington (as well as Kitsap County, Jefferson County, and Mason County) has replaced the old concept of alimony. There are basically three types of spousal support in Washington: temporary, rehabilitative, and permanent.
Temporary spousal support is typically awarded during a divorce proceeding. It is based on the need of the spouse seeking spousal support and the ability of the other spouse to pay the spousal support. This is relatively easy to get if one party makes significantly more than the other, but it only lasts for the duration of the divorce or other proceeding.
Rehabilitative spousal support is support meant to get one party back on their feet and working. For example, if one party was a stay at home mom for a significant period of time, it may take them a while to start working again. They may have to go back to college or get some job training, or they may have to do some volunteer work to get references so they can compete for employment. Typically this type of support is for the fairly short term and terminates when the spouse receiving spousal support has become gainfully employed. Usually it is required that the spouse receiving spousal support provide proof that he or she is making progress looking for work or pursuing training or education.
Permanent spousal support is relatively uncommon in Washington and not typically awarded. The kind of case it is awarded is where one party has been out of the work force for so long they have little or no chance to ever achieve a similar lifestyle to what they had during marriage.
No matter what type of support you are seeking, it is important to hire an attorney so he or she can make the right arguments for you, seek the right type of support, and know what type and quantity of support are typically awarded in the area. Support types and amounts awarded can vary significantly depending on the judge who hears the case.
Adoption
Whether you are adopting a step-child or working with an adoption agency, it is important that your adoption paperwork is done correctly. You want this decision to be absolutely final so that your parental rights are secure. An attorney can make sure of this.
Parentage
Do you want to identify a child's father to get child support? Or are you a man being falsely accused of fathering a child? Either way, you need the help of an attorney both to prove or disprove parentage and to calculate support amounts correctly.
Third Party Custody
Grandparents and other third parties sometimes seek custody of a child if they think the child's parents are not up to the task. This can be an intervention that will save the child's future. Unfortunately, it is also a complicated area of law due to the importance placed on the rights of the natural parents. An attorney can help guide you through this legal morass.
Guardianships
If you want to procure guardianship status for someone who lacks capacity, an attorney can help you secure it and make sure you are able to look out for the best interests of the person.