If you and your spouse are undergoing a divorce with children, there’s a good chance you are thinking about what kind of custody arrangement you will end up with. In Washington, we refer to these as “Residential Provisions”...more
1/27/2025
/ Best Interest Standard ,
Child Custody ,
Child Support ,
Co-Parenting ,
Custody Agreements ,
Divorce ,
Family Law Courts ,
Joint Custody ,
Mediation ,
Parental Rights ,
Parenting Plans ,
Parenting Time ,
Separation ,
Spouses ,
Washington
Merriam-Webster defines “defunct” as “no longer living, existing, or functioning.” In Washington, a “defunct marriage” is a term for spouses who have given up any hope of salvaging the relationship, and yet for whatever...more
You have a child with another person—either an ex-partner, ex-spouse, or someone with whom you never actually had a romantic relationship. You’ve gone through the court system and agreed upon or litigated a final parenting...more
People appeal their case because they want a better outcome then what they received at trial. Maybe that means that the appealing party lost a jury verdict, or felt that they didn’t “win” enough at trial. Perhaps someone in...more
Most people are aware of the statistic that roughly 50% of marriages end in divorce; but did you know that only 5 – 10% of couples opt for a prenuptial agreement prior to marriage?
So, what does a prenuptial agreement...more
In many states, child support obligations do not extend past either the age of 18 or the child’s graduation from high school. In Washington, however, a parent can file a petition to continue child support after the child...more
Stress and anxiety are unfortunate byproducts of divorce. For some, every aspect of one’s life may be negatively impacted by divorce: productivity at your job may plummet; concern about finances might keep you up at night;...more
In a prior blogpost, I discussed the statutory notice you have to give to another parent when you plan to relocate with a child. If the non-relocating parent objects to the move, then the parents will need to go to court and...more
Unless you are a law student or Latin aficionado, the foregoing list of legalese (i.e., legal jargon) probably does not mean much to you. In bygone eras, these types of phrases and antiquated adverbs like “heretofore” were...more
Legal proceedings tend to take longer than people expect or desire. For people facing divorce, most want the matter finalized as quickly as possible. An oft-asked question is how long it will take to be officially divorced....more
When custody arrangements are in dispute and the parties cannot agree on a parenting plan, the trial court may order that a “parenting evaluator” be assigned to the case. The evaluator acts as a neutral, third-party who...more
The Washington State legislature defines a “Parenting Plan” as “a plan for parenting the child, including allocation of parenting functions, which plan is incorporated in any final decree or decree of modification in an...more
I have previously blogged about Committed Intimate Relationships (“CIR”) and how courts handle them at the trial level . In addition, CIR have also been reviewed by the Appellate and Supreme Court of Washington....more
Ask any good attorney a question, and you will probably be given the following response: “It depends.” The answer usually serves as a preface to a more thorough discussion about the specific facts of your case, what the...more
With Roe v. Wade overruled, people are aptly concerned that the constitutionality of same-sex marriage may be in jeopardy. That fear is exacerbated by Justice Thomas’ concurrence in Dobbs v. Jackson Women’s Health...more
If a family law case proceeded to trial or ended in any way other than a settlement, then chances are one (or both) of the parties is unhappy with the result. Perhaps one party feels like an important aspect of his or her...more
In a prior blogpost, I discussed Washington State’s Committed Intimate Relationship Doctrine (“CIR”) and outlined the five non-exclusive factors courts consider in determining whether a CIR existed:...more
The saying that “the beaten road is the safest” is typically associated with advice not to take unnecessary risks and to play things safe. In the law, the notion rings true for courts and their adherence to established...more
Civil lawsuits can take a long time. After the complaint and other initial pleadings are filed, the next phase of the case will typically turn to what is referred to as “discovery.” Discovery is the mechanism the parties...more
In a divorce, the judge will have to divide your marital property and debts between the spouses. The division must be “just and equitable” under the circumstances of the relationship. But can an unmarried couples receive a...more
Too often, infidelity plays a role in the demise of a marriage. The spouse who was cheated on will likely (and understandably) be angry. But can that infidelity be used against the cheating spouse during your divorce? In...more
When you get a divorce in Washington, you can ask the court to change your surname as part of the proceedings. While you can change it to any name your heart desires, the common course of events involves restoring one’s...more
The decision to sever a child’s relations with his or her natural parent is not to be taken lightly. It has been said that “[a]n order terminating parental rights deprives children of their right to financial support, their...more
From time to time a person may want to change their name—maybe their first name, or maybe their full legal name. Maybe it is for a serious and legitimate reason (perhaps they have married), or maybe it is for a more...more