|
Divorce or Dissolution of Marriage
Ask your own question: Meredithsoffice@yahoo.com
Note: The following does not constitute legal advice. Legal advice can only be given by an attorney who is familiar with the specific facts in your case and who can then recommend appropriate legal action, based on those facts and the law in effect at the time.
Here are some common questions asked when thinking about a divorce.
I was recently served with divorce papers. I know I must respond soon. How do I choose an attorney to represent me?
You must formally answer the Petition, but you don’t necessarily need an attorney! The legal issues in many divorces are straightforward and simple. Mediation is a preferable alternative if you wish to maintain control over the process and the cost of the divorce. The mediator can suggest attorneys who will help you maintain an effective working relationship with your spouse. If you allow an attorney to take charge of your divorce, the attorney should practice primarily in the area of family law, be compatible with you and your values, and have a clear and complete fee agreement.
What is the difference between arbitration and mediation?
Arbitration is an informal court-like proceeding in which each party presents his or her perspective of the dispute to a neutral third party, who then decides how the dispute should be resolved. Mediation is a process in which disputing parties negotiate with each other with the help of a neutral person who has specific conflict resolution skills. The mediator helps the parties distinguish between their positions and their underlying interests or needs and then guides them in reaching a solution that works for all. Agreements reached in both mediation and arbitration can become legally binding.
My husband claims I will be ordered to pay alimony to him when we separate because he has been only sporadically employed during our marriage and I am in a stable profession with an excellent salary. That doesn’t seem fair to me. What do you think?
Alimony in the State of Washington is called spousal maintenance. The Court will look at the age, health, education, job skills, and earning histories and capabilities of each spouse; the economic resources available to each; responsibility for the care of minor children; and the length of the marriage in determining whether maintenance is appropriate, and if so, the amount and duration. Unless your spouse is voluntarily unemployed or you have been married only a short time, the Court will consider ordering you to pay spousal maintenance. Maintenance might be considered as an economic resource to enable your husband to acquire additional education or job skills or as a way to achieve an overall equitable financial settlement.
My spouse and I have resolved all of the issues of our divorce except which one of us should have the family home. What should we do?
You need to determine first why each of you wants the home. Do you want the children to remain in the same schools? Is a business located in the home? Do neighbors serve as a support group for childcare responsibilities? Does one spouse have a personal attachment to the home itself? Is one of you worried about qualifying to purchase another home? Mediation can not only help you identify your underlying interest and needs, but also will help you arrive at a mutually satisfactory solution to a seemingly irresolvable conflict.
My husband has threatened to fight for the custody of our children if I proceed with a divorce. How does a court decide which parent should have custody of the kids?
The term “custody” has been replaced in Washington with the term “parenting plan.” The Parenting Plan is a document that sets forth in detail how the parents will share the rights and responsibilities of parenting, including when the children will be with each parent and how major decisions that affect the children will be made. If parents are unable to agree on a parenting plan, the judge will decide what is in the children’s best interests after hearing the testimony presented at trial. In determining which parent should have primary residential care of minor children, the court will give the greatest weight to the relative strength, nature, and stability of the child’s relationship with each parent.
I purchased a house when I was single. Does the house become community property when I marry?
No. The marital community gains a property interest only by making improvements or by using community credit to refinance the original loan. If the property is neither improved nor refinanced, the marital community does not gain an interest in the property, including an interest in any increase in value of the property based solely on inflation. An exception to this rule occurs if it can be shown that the owner spouse gifted the property to the marital community. This conclusion is based on the theory that the spouses have received a fair market rental value in exchange for the mortgage payments and property maintenance expenses paid during the marriage. If the marital community contributed anything of value over and above the mortgage payments, property taxes, insurance, and ordinary maintenance, the value of the property at the time of the divorce will be apportioned between the owner spouse and the marital community in the ratio of their respective contributions.
What is mediation? Why should I go to a mediator to resolve the issues of my divorce?
Mediation is best defined as “assisted negotiation.” Mediators are professionals who help divorcing couples negotiate property, parenting, support, and other issues directly with each other. A majority of couples who choose mediation are able to reach agreements that are satisfactory to both parties. The advantages of mediation over traditional attorney representation of the parties in a divorce include lower cost; speedier resolution; reduction of stress; control over the process; privacy; and fewer violations of the terms of the divorce. Additional information about mediation and how to find a qualified mediator is available through Divorce Options, Inc.
I was recently ordered by the Court to pay $1000.00 per month child support to my ex-wife for our 4-year-old son. My colleague was ordered to pay only $600.00 per month for two teenagers. Can you explain how this could happen in a supposedly just Court system?
Child support in Washington is based on the earnings of both parents and the needs of the children. A presumptive amount of child support is determined from a standard table, which is intended to reflect what families of differing income levels actually spend on their children. A parent with a high income will ordinarily pay more child support than one with less income. Income earned by the other parent and extraordinary expenses are also major factors in determining support. Daycare expense for your child and differing family incomes are likely explanations for the difference in support you have noted.
I am getting calls from creditors demanding payment for debts my wife incurred after we separated. Am I responsible for these debts?
If the debts were incurred on credit cards issued during marriage, the creditor probably has a legal right to collect payment from either spouse regardless of which spouse incurred the debt. A way to protect yourself from new debt incurred by your spouse after separation is to notify all creditors in writing that you are separated and no longer wish to be responsible for your spouse’s charges. Send the notice by certified mail and keep a copy of the correspondence. A legal separation contract properly filed can help protect you against new liabilities incurred by your spouse.
I inherited some money from my father one month after my wife and I decided to divorce. Is my wife entitled to any share of my inheritance?
Washington is a community property state. However, not all assets acquired during marriage are community property. Assets that are received by one spouse by gift or inheritance are considered the separate property of the spouse receiving the asset. Nor does the designation “community property” mean that both spouses are automatically entitled to one-half of the value if they divorce. The Court will consider other factors, such as the respective earning abilities of the spouses, length of the marriage, separate wealth, and any other economic factor that impacts either party in determining an equitable disposition of assets. Therefore, if your inheritance is substantial, the Court may consider the favorable economic impact of the inheritance on you and award your wife a greater share of the community assets than it otherwise would have awarded her.
Ask your own question: Meredithsoffice@yahoo.com
|
