How Does the Divorce Court Decide How to Divide Up Debts?

Washington law provides for the division of debts in a divorce exactly as it provides for the division of property. In other words, debts are to be divided between the spouses in a fair and equitable manner. What “fair and equitable” mean for you depends on the circumstances of your case. Like property, debts are either…

How Long Do I Have to Collect Child Support Arrears?

Some people think that once your child becomes an adult, you can no longer collect back child support payments. In most states, however, this is simply not the case, including in the state of Washington. Although Washington law does establish a timeframe in which you must collect child support arrearages or back child support payments, you…

Can My Sexual Orientation Impact My Custody Case?

There are a number of different factors that a judge must consider in making a child custody order and parenting plan. However, absent a showing of harm, a court cannot use the sexual orientation of a parent as part of the reasoning for its custody decision. Under Washington law, the court must remain neutral as to the issue of…

Is It Worth It to File for Sole Custody of My Child?

The reasons for a sole custody order will vary from case to case; some common reasons for a sole custody order are that the other parent is incarcerated, has drug or alcohol problems, lives out of state, the role of domestic violence, or is otherwise absent in the child’s life. In other cases, one parent may have just…

Can I Make Changes to Orders Following My Divorce?

The legal standards and procedures for modifying court orders after your divorce depends largely on the type of modification you are looking for. Parenting plans, child support, and spousal support can be changed based on a substantial change in circumstance. Changing the division of assets and debts, on the other hand, are much more difficult to…

Is There Common Law Marriage in the State of Washington?

The laws of some states do recognize the concept of common law marriage, but Washington is not one of those states. Common law marriage typically means that a couple has lived together for a significant period of time and held them out as married. Although Washington does not recognize common law marriages, there are ways…

What is Discovery and How Does It Work?

Discovery is the legal process by which parties to a divorce (or any type of lawsuit) exchange information about issues related to the case. The discovery process ensures that each side is completely aware of all assets, debts, and other important information that might have a bearing on the outcome of the case. The information gained through discovery also…

Keeping in Contact With Your Children From a Distance

It is never easy for a child to be away from his or her parent, even for a relatively short period of time. Likewise, parents always miss their children when they are apart. When a move due to a job or another reason takes you away from your child on a more permanent basis, it…

What is the Service Member’s Civil Relief Act?

The Service Member’s Civil Relief Act (SCRA)is a federal law that provides protection for service members involved in civil lawsuits, including divorces and other family law cases. The main goal of the SCRA is give individuals the chance to participate in the court proceedings when they are on active duty with the armed forces. The SCRA does not stop…