+ DIVORCE
The Who, What, When and Where of Divorce
Who are the players in a divorce?
The people involved in a divorce will largely depend on the complexity of the issues. A divorce action is started in court by a party called the “Petitioner” with the filing of the summons and petition. Summons and Petition are served by a process server to the other party, who is then designated as the “Respondent.”
In the event parties cannot reach an agreement on issues, they can bring those contested issues before a Court Commisioner and/or Judge. Parties are required to work with a mediator before trial.
Divorce does not require parties to have attorneys. The issues will dictate whether it is necessary to have an attorney. Divorce cases may also include experts. We often align our clients with financial advisors, C.P.A's, forensic accountants, valuation experts, appraisers, vocational experts, estate planning and business attorneys and parenting experts.
What are the issues that must be addressed?
You cannot legally finalize your divorce until you have fully settled all the outstanding issues between you and your spouse. Including, the division of assets, debts, spousal support, child support, and the custody of your children.
While the reason for the divorce may be very personal and real, Washington is a no-fault state. This means that if a party wants a divorce, he or she will get a divorce regardless of the other side’s wishes.
The parties will complete and exchange financial statements, which will include Financial Declarations explaining each party's expenses. Further, attorneys will work on establishing financial net worth. This would include each parties liabilities and assets.
Child support is mandated by Washington State law and must be included in any divorce settlement or decree. Child support is a benefit for the child and cannot be discharged through bankruptcy or unemployment. Also, it cannot be voluntarily waived by a custodial parent.
Spousal support is an issue anytime a spouse is unable to meet their financial needs. The court considers a number of facts, including both party's ability to earn income, lenght of the marriage, and income of the working spouse.
A divorce has a high likelyhood of disrupting a child's life. It is important to establish a parenting plan early on that is in the child's best interest. The court will look at historical parenting, including the past twelve (12) months, as it formulates a temporary parenting plan.
Where does this all take place?
If parties reach agreements, they are memorialized in court orders, which are signed by a Judge. In the event, there are disputes which require court intervention, relief is sought in Superior Court.
The court will often issue a temporary order on all emergency and interim issues such as child custody, child support, and temporary maintenance. A temporary request, which is litigated, is heard on the family law motions calendar.
Court-ordered mediation takes place in a private setting. Typically, it is hosted by one of the attorneys or by the mediator. The parties are not in the same room and the mediator engages in what is called "shuttle diplomacy" to help resolve the issues.
When does all this happen?
The respondent has 20 days to formally answer the petition, if served within Washington. If the respondent does not respond within the applicable period, the petitioner can ask for a default divorce from the court. A divorce can take as little as ninety (90) days after the date of service or as long as a year.
The uncoupling of a marriage is complicated. In the early stages of the separation, it is often necessary to establish a "new normal" for the family. Typically, within the first thirty (30) days post-separation, terms for parenting, payment of debts, use of property, and payment of support are resolved. If they cannot be resolved by agreement, then a motion is typically filed with the court.
In King County, the court issues an Order Setting Domestic Case Schedule. This schedule concludes with a trial date eleven (11) months after the action is filed. This order also provides for numerous other deadlines that the court expects you to obey. Failure to comply with the order will risk court fees and dismissal of your case.
King and Snohomish County require parties to mediate. Ideally, this is attempted once all necessary information is exchanged between the parties. King County requires mediation to be completed no less than thirty (30) days before the trial.
If the two of you are unable to resolve these matters out of court with the help of your divorce attorneys, you will have a divorce that is contested and the judge will be called upon to make decisions for you.
You must have a competent and experienced divorce lawyer who can manage a complicated divorce case from inception through trial.
+ POST DECREE ISSUES
The terms of your divorce decree may no longer reflect present-day reality. Under certain circumstances, it may be necessary to modify a spousal support order, child support order, or parenting plan. These are considered post-decree issues.
After a divorce is over and the court issues a judgment, both sides must comply with the court order and the terms of the judgement. When a party does not follow the court order, a special enforcement proceeding is filed with the court to make sure that the order is followed. Nonpayment of child support and spousal maintenance, disregard or lack of cooperation in complying with custody agreements, and interfering with court-ordered visitation can lead to being held in contempt, fines, and other negative consequences.
Parties may also experience unanticipated changes in their financial situation. This may qualifiy for a modification or adjustment of that prior court order. All modifications and adjustments, absent agreement, require court involvement.
+ GUARDIANSHIP OF A MINOR CHILD
When a child's welfare is at stake, family members or other persons can petition the court for guardianship of the minor child. Prior to January 2021, this was referred to as “non parental custody.”
We have represented grandparents and other relatives who are stepping up to protect the best interests of a baby, child or teenager. A family friend, care provider or another advocate who is not related to the child can also sue for custody to protect the child's rights.
A guardianship proceeding, differs from a non-parental custody in a few respects:
• A parent who objects to someone else taking guardianship over their child may get a lawyer appointed at public expense if they cannot afford one.
• The person who files for minor guardianship must notify more people about the case than if they were filing for non-parent custody.
• Children may have more rights in a minor guardianship case than they do in a non-parent custody case.
• The procedure for getting court orders right away is different.
• You can file a minor guardianship case suggesting that someone else take care of the child.
A guardianship proceeding is like a non-parental custody matter. Someone who gets minor guardianship gets physical custody of the child (the child lives with them most of the time) the same as if the court awarded them non-parental custody.
The petitioning party may seek “emergency guardianship” which is different from a “guardianship petition.” The facts of the case may require one and/or both.
The burden is on the person seeking guardianship to establish that there is no parent willing or able to provide the support, care, education, health, safety and welfare of a child under age 18.
We have represented grandparents and other relatives who are stepping up to protect the best interests of a baby, child or teenager. A family friend, care provider or another advocate who is not related to the child can also sue for custody to protect the child's rights.
+ PATERNITY
It is important to note that parents who were never married to each other, have the same rights as parents who are divorcing or separating, in regards to custody of a child. Our firm helps parents establish paternity so that they can then request visitation.