How do I choose an attorney?
Often times, I hear people tell me, "I want the meanest, nastiest SOB I can find to make that blood-sucking $%#^ pay." Obviously, this is the anger stage of dissolution. The problem with this approach is that most attorneys are not selectively nice to you and mean to the other party. They are either respectful of all people or disrespectful of all people - including their clients. What you want in family law is someone who can represent you with honesty, integrity, and who can get the process done as soon as possible so you can get on with your life. Look for an attorney you can: 1)trust, 2) get along with, and 3) who is conscientious about not nickel and diming you for every little contact they have with you. The standard is reasonableness. If someone has a chip on their shoulder or doesn't know what they are doing, the costs run high.
What do I need to start an action in Washington state?
Petition, a retainer and general information. If you plan on taking a default, then refer to information for final papers. If this is a paternity action, a birth certificate or acknowledgement of birth is needed. Otherwise, it is necessary to get a DNA paternity test.
Temporary Orders, people who are willing to write a declaration for you. If financial matters, such as maintenance or child support are at issue, you will need a budget, six months worth of pay stubs, and 2 years worth of tax returns.
Final Papers: a complete list of values for assets and debts and to whom these are allocated. If you have children or custody is the subject matter, you must present a certificate of completion of an approved parenting seminar.
Custody Modification: This can be as simple as an agreement. However, if there is abuse you need a lot of support for your adequate cause hearing. I would recommend declarations from teachers, counselors, doctors, neighbors, or other relatives.
What is the difference between a Dissolution and a Legal Separation?
Rather than call it a divorce, the legislature uses a kinder, gentler term of "dissolution." The legal effect is the same, the marriage ties are eligible to be dissolved 90 days after the later date of filing the papers or service of process on the other party.
A legal separation is a legal document that does every thing that a dissolution does, but it doesn't dissolve the marriage bonds. There is maintenance, child custody, child support, property distribution and debt assignment that is legally binding and enforceable. A legal separation has no waiting period between the time of service and filing of papers and entry of the final papers. However, once it is entered with the courts, the decree of legal separation cannot be converted to a decree of dissolution until after 6 months have passed.
There are many good reasons for a legal separation rather than a dissolution. Sometimes retirement could be at issue. Sometimes for serious issues like alcohol, drugs, or cheating, this is a way to not dissolve the marriage bonds while having 6 months to work out problems in the marriage. If the couple can work it out, then the action can be dismissed or allowed to stand. If not, then the decree can be converted to a dissolution and the marriage is dissolved.
There are children involved?
Children - Be smart! This is one of the most difficult areas of family law and the most expensive!
Parenting plans last longer and it is healthier on the children if parenting plans are flexible. However, if the child(ren) is(are) in danger, then you must make the parenting plan with strict guidelines to protect the child(ren). Use your best judgment on this.
If custody is going to be contested, then you need to be prepared at least 6 months in advance of filing papers. If you are looking for custody, the court standard is "best interests of the child(ren)." Generally, the primary custodial parent will be the parent who performs the greater of the parenting functions and who has a closer bond with the child(ren). You may need to document these things. I always recommend keeping a journal, it can't hurt. Many times guardian ad litems can use this information for a determination regardless of whether it is allowable "evidence" for a court or not.
- No GAMES or withholding of visitation
- A divorce is hard enough on children, don't use them as pawns of the dissolution.
- Child support cannot be used as a bargaining tool against visitation.
- Child support can be reduced if the secondary custodial parent has the child for more than 90 days out of the year if there is no detriment to the primary custodial parent. To use a residential credit, the primary custodial parent must have sufficient income to support the children and not be receiving public assistance.
- Never argue in front of the children or where their little ears can hear you.
- Do not include the children in details of the legal proceeding! They should not be privy to how much support the secondary custodial parent is or isn't paying.
- If the child is distressed, don't hesitate to get help. You may need to talk to teachers, counselors, school psychologists, or seek outside therapy.
Do you do unbundled services?
- I can review final court papers to help you from making costly mistakes that won't surface for years. Most of the post-dissolution litigation $$$ comes from careless errors in drafting final papers.
-
If you can't afford a lawyer, sometimes it is a good thing to have an attorney to help you procedurally in court and to review your paperwork prior to going to court. I can help you get your paperwork in order so you can represent yourself.
What do I need to start an action?
Petition, a retainer and general information. If you plan on taking a default, then refer to information for final papers. If this is a paternity action, a birth certificate or acknowledgement of birth is needed. Otherwise, it is necessary to get a DNA paternity test.
Temporary Orders, people who are willing to write a declaration for you. If financial matters, such as maintenance or child support are at issue, you will need a budget, six months worth of pay stubs, and 2 years worth of tax returns.
Final Papers: a complete list of values for assets and debts and to whom these are allocated. If you have children or custody is the subject matter, you must present a certificate of completion of an approved parenting seminar.
Custody Modification: This can be as simple as an agreement. However, if there is abuse you need a lot of support for your adequate cause hearing. I would recommend declarations from teachers, counselors, doctors, neighbors, or other relatives.
