Washington State Divorce Legal Issues

People approaching Washington divorces are often surprised by the deficiency of clear rules. People ask their lawyers, ” How much alimony do I have to pay?” ”How much child support will I owe?” How long I will have to pay?” How much of my pension does she get?” With very few exceptions, Washington Divorce Online has found that the law itself cannot give you very precise answers to these questions.

Either you and your spouse will negotiate a settlement between yourselves or a judge will determine the arrangements for you. In Washington State divorce cases, there are now formal guidelines that the court must follow in awarding child support. However, on most issues, judges are unfettered to implement their own discretion after hearing evidence, and this discretion extends even to child support guidelines.

You take your chances when you and your spouse go to trial. It can be a roll of the dice. Most judges do their best to be fair and professional, but, like the rest of us, judges are susceptible to their own prejudices and biases. If you don’t like the judge’s decisions you will either learn to live with them or you can appeal to a higher court, but few people ever utilize the appeal process. Appeals are difficult to win because the burden is on the person making the appeal to prove to the higher court that the trial judge misinterpreted the law or abused the discretion permitted the judge by law. Even if you are one of the few who wins on appeal, all you get most of the time is a new trial. The only way to be sure that your Washington divorce meets your needs is for you and your spouse to negotiate the resolution yourselves.

When you negotiate your agreement, you negotiate a contract voluntarily. You sign it voluntarily. You cannot decide that neither of you will support your children, and you cannot subject your children to danger or neglect. But, within very broad limits you are free to decide together, how you will resolve the issues at hand.

Settlement arrangements are negotiated in the shadow of the law. That means, you negotiate with an eye on what you think would happen if you were to go to trial and let the judge decide. Experienced lawyers often think they can predict what would happen at trial. Washington State Divorce lawyers tend to develop a consensus or sense of industry standards about the results of trials. They may agree that the judges “always give the wife half the house” or ” a third of the husbands pension.” They might agree that in a particular case $200.00 a week for child support would be unlikely. Lawyers who have appeared many times before the same judge may acquire useful generalizations. Much of this may be true indeed, but the truth is that you cannot depend on it. You may get a particular judge, or you may get that judge on a bad day, or your lawyer may be wrong. Although most lawyers will sovereignly foretell the outcome in court, few will guarantee you the conclusion. You need to treat such predictions with healthy ske pticism.

My Husband Wants a Divorce – Examine Your Role in Your Marriage through Six Questions

My husband wishes for a divorce”; that is a hard fact you have to accept regardless of whether you like it or not. Yet, it doesn’t have to ended that way. Here’s six questions you should consider to help you save your crumbling marriage.

Before the darkness of the night puts her into pensive mood, she looks at the ring around her finger. It was right there at the porch where he proposed to her. No, it wasnt like the movies. He brought nothing else to make the ambiance more romantic but still, she found it the sweetest thing he had done for her. But as she stares at the ring again, a teardrop falls onto her hand. Theyve had big fights recently. Musing on his gestures, justifications and preferences, she concludes, “My husband wants a divorce.”

Giving in to separation seems to be the easiest way out. But a wife who values the sacrament of matrimony will ask herself how she can satisfy her husband in different ways. In evaluating her role in their union, she must answer the questions stated below.

Do you thank him for addressing your familys needs?

Mens role in our society centers on providing for their families. Centuries ago, they go hunting in the forest and bring food for their families. Presently, with our gender fair programs, it may not be as emphasized as before but still, they would like to attain that feeling of accomplishment and pride for attending to the needs of his loved ones.

Do you give him enough silence?

Women tend to talk much more than men. When they are strained, confused or contemplative, they need minutes to think by themselves. Though this makes them difficult to figure out, they consider the quiet time golden. If he doesnt feel like chatting, dont force him. Though he isnt verbally communicating, he is still thinking.

Do you directly say what you want?

Another difference between men and women is how they convey their message. The former are straightforward while the latter beat around the bush. This unlikeness causes serious arguments and worse, it makes some wives say, “My husband wants a divorce.” Refrain from making long introductions or from letting him read between the lines always. Cut your introductions short and dont let him decipher your coded words. As much as you can, dont be ambiguous. You can still do it with tact.

Do you sometimes make the first move in lovemaking?

Lets face the fact that sex is important for men. Women who are boring in bed disappoint them. If you are too tired to make love, all you have to do is explain and be understood. Moreover, men dont want to be in the driving seat always. They want their partners to do their share of first moves as well. By the way, men love sexy underwear.

Do you let him hang out with his friends?

Like women, men need the company of friends. Talking about sports, cars, art and current events over some bottles of booze makes them realize there is a world outside their home. Dont get easily jealous with the time he spends with his friends. Otherwise, hell think you want to control his life.

Are you lonely and bewildered about a relationship breakup and want help to get your ex back

You already know how grueling it is to just wake up and roll out of bed in the morning. You leave your radio off on your way to your job because every song is a painful reminder of him. You can’t even bear to eat at the same restaurants you took her to. And if that isn’t bad enough, you have to deal with the loss of friends and family that are on “their side”. But here’s some good news… Most relationships CAN be salvaged! You may find it difficult to believe that almost every break up for whatever reasonbetrayal, plain old lost passion, loss of interest, a stolen heart and worse…even the worst situations you could conceivelike men serving prison terms have salvaged their relationships. Yes, even Ex-convicts have reunited with girlfriends and wives after being away for years! It doesn’t matter if you were the one that got left or did the leaving your pain is real and can be healed. Find out everything you need to know to feel better within twenty-four hours. It’s true you could be feeling significantly better one day from today. The Magic of Making Up System can… Show you how to take COMPLETE CONTROL OF THE BREAK UP and make your ex become extremely attracted to you and want to have sex with you every day of the week! Yes it is realistic with “The Instant Reconnect Technique” (my favorite technique). You can use these secrets right now to make your ex Come CRAWLING BACK TO YOU on their knees while they are begging you to take them back! However, I must STRONGLY CAUTION YOUthe advice and techniques are VERY unconventional. Relationship counselors get REALLY ANGRY because they are charging a lot of money (sometimes for months and even years) and you could do just one of the procedures in the book And next thing you know… youre back together with your ex. I just don’t believe that any amount of sitting in a classroom can make up for the REAL WORLD experience that you will learn. Human psychology plays a big part in the approach to getting back with an ex. Unconventional techniques and relational psychology is a large part of the Magic of Making Up. It will lead you toward a recovery just like thousands of other separated people have experienced. Your pain could be gone, faster than you can begin to imagine, forever, if youre willing to follow the system. How would it feel to wash away your pain, to remove the knot eating you up from the inside? “Do you want all the magical behavior controlling advice to get your ex back?”

An Atlanta uncontested divorce is possible

Residents in the Atlanta area who are seeking or considering divorce may wish to consult with an Atlanta divorce lawyer. Often times, divorce can be a complicated issue and even an amicable divorce may quickly develop into a quagmire as both spouses seek to come to an agreement. However, with the assistance of an attorney, it may be possible to turn the tables and secure a favorable result.

Types of Divorce

Broadly speaking, there are two different kinds of divorce: no-fault divorce and at-fault divorce. In a no-fault divorce, there is no allegation or proof needed of fault on behalf of either party. However, specific rules apply to no-fault divorces, and a period of separation may well be required before seeking the divorce.

On the other hand, an at-fault divorce is where one party committed some act that is incompatible with marriage. The most common example is that of adultery, although grounds for an at-fault divorce may exist under any number of circumstances. To determine if it is possible to seek an at-fault divorce, a divorce lawyer in Atlanta can often help with assessing your legal options.

Uncontested Divorce

In many cases, the divorce may be the result of a mutual agreement between the spouses to dissolve the marriage. This is called an uncontested divorce, and it is often more cost effective and less stressful to go through than a confrontational divorce.

Typically, spouses are already in broad agreement about the terms of the divorce before consulting with an Atlanta divorce lawyer. An Atlanta uncontested divorce may thus be the best way to go, allowing the spouses to settle any remaining issues amicably as well as reducing any preexisting agreements to paper. If no dispute exists as to issues such as property division, child custody or spousal support, court involvement need only be minimal.

In Atlanta uncontested divorces, it is strongly advised to retain the assistance of an Atlanta divorce lawyer even the filing of an uncontested divorce may seem simple. In filing for a divorce and in writing the divorce agreement, it is important that any ambiguities be resolved before both spouses sign the applicable papers. Otherwise, they may have to return to court again in the future. Working with a divorce lawyer in Atlanta may thus be more cost effective in the long term.

Contact a lawyer today

If you are considering or seeking a divorce, it is often helpful to consult with an attorney from an Atlanta Divorce Law Firm to learn your rights and obligations. Moreover, the divorce process can often be complicated, and the judicial system has a language all its own that may seem confusing if not intimidating to those not well-versed in it. By working with an experienced attorney who has deep and extensive knowledge of divorce law, it may thus be possible to successfully navigate the court system with an aim toward securing a fair result. Moreover, in an uncontested divorce, a lawyer can help with ensuring that the resulting agreement is air-tight and will not cause legal troubles down the road.

Alleging grounds for divorce Spain

Most countries have varying rules and procedures when it comes to the process for applying for a divorce. Usually this is on the basis of socio-religious grounds and it may be argued that a countries moral and religious norms are reflected in the requirements it enacts for a divorce to be applied for and approved.

Prior to 2005 the legal rules in Spain made it obligatory to offer appropriate grounds for making an application for a divorce. Spain has, however, passed new legislation (Ley 15/2005) which utterly renewed this entire tract of family law and in addition, in so doing, did away with a lot of the old obligations.

For that reason it is no longer imperative to be dependent on the normal allegations drawn on pre-2005 such as drug addiction, alcoholism, infidelity and cessation of matrimonial cohabiting. Now it is merely imperative that three months have passed from the time the marriage took place in order for a divorce to be applied for by either or both of the spouses. No motives are required besides an inclination by one or both of the spouses to part company.

The justification behind the changes was to streamline the system and bring a scintilla of modernity to the fundamental essence of the law in this area. So, either or both of the spouses may write a petition for a divorce and, if there be an agreement as to the important issues therein, may reach the prerequisites for a new process established by the legislation, that is normally known as Express Divorce.

‘Express divorce’ permits a faster, less expensive and simpler mechanism for a couple to divorce. A vital element of the Express Divorce mechanism is that there be an accord between the spouses, both as to the need to dissolve the marriage as well as to the precise specifics of the divorce. This takes the form of a written and signed agreement or Convenio.

When these issues have been agreed then it is just a matter of employing a lawyer who will write up the agreement formally in the form of a Convenio and have this submitted to the relevant court with the required additional documentation.

Mediation in Divorce and Family Law Cases

WHAT IS MEDIATION?

In many states, mediation has gone from being an option to help resolve issues to a mandatory part of the court proceedings. That is particularly true in cases that involve divorce or custody disputes.

Mediation is called an alternative dispute resolution process. In short it provides you with an alternative to Court to create your own agreements and craft your own orders without submitting those matters to the Judge. This is often a preferred way to resolve disputes in a divorce. The alternative is to proceed to Court and allow a Judge, a complete stranger to you and your children, to hear a few short arguments and testimony and decide your fate. Often such orders may seem like pounding round pegs into square holes with out understanding fully the individual circumstances of the parties. Clearly that is in no one’s best interest and often leads to the long roller coaster ride through court with each party filing new motions year in and year out to change the rulings that the Judge has made.

By contrast, mediation teaches the parties to communicate and to work through their issues productively. In the process, the parties to work with a neutral expert to resolve their disputes in a way that works for them. A mediator is also known as a qualified neutral.

The mediator may be a lawyer, a therapist, a religious leader or other qualified individual. As part of the mediation process, the mediator will not provide either party with legal advice and, instead, will work with the parties on their communication skills to understand the other parties position.

Often mediators will encourage the parties to incorporate into the proceedings other experts to help them in the decision making process,. This may involve the use of appraisers to value a home, accountants and investment counselors to address financial aspects, or a parenting consultant to work through custody and parenting issues. By using one neutral expert, the parties may save thousand of dollars that would be spent for each party to hire their own expert only to remain at an impasse with different results.

WHAT TYPES OF DISPUTES CAN BE RESOLVED THRU MEDIATION?

Mediation can be a useful tool for almost any issue that you encounter in family court. Even the most acrimonious divorces can benefit from mediation by helping the parties resolve some, if not all of their disputes, thereby simplifying the issues to be resolved through the court process.

Mediation may resolve:

disputes between divorcing parties including custody issues, spousal maintenance and property issues;

paternity issues;

restraining order issues.

WHY SHOULD I MEDIATE?

1.Mediation is available any time both parties are willing to engage in the process, even if they are already involved in a contested court case;

2.Mediation is LESS EXPENSIVE than going to court with both parties to the dispute sharing the cost;

Jessica Kirk Professional Lawyer

Dedication to the practice of family law has helped lawyer Jessica Kirk build a solid reputation as a divorce lawyer. Her compassionate and knowledgeable approach to the issues of divorce has helped her clients successfully resolve many of the associated issues, such as child custody, alimony, and division of property. She has represented both men and women in divorce cases and along with her partners at The Crittenden Law Firm in Birmingham, Alabama she uses her experience and the firms dedication to resolving family issues to provide expert service.

As a graduate of the University of Alabama Law School and a member of such organizations as the American Academy of Matrimonial Lawyers, lawyer Jessica Kirk approaches her work with dedication and integrity. Her divorce clients receive not only expert legal representation, but solid guidance through every step of the process.

About the University of Alabama Law School:

Throughout history, the laws for combating piracy became a key building block for todays international legal system. Alabama Laws Dean Kenneth C. Randall surveys the unique, historical relationship between piracy and international law during NPRs special report, “An Old Scourge, Piracy, Is New Again,” on Monday, May 4.

Since 1994, Alabama has had a law in place requiring all convicted felons to submit a DNA sample. But that could soon change. A bill currently making its way through the state legislature would allow for a DNA sample to be taken from everyone arrested and charged with a felony or sexual offense after October 2010. David Patton, assistant professor and director of Alabama Laws Criminal Defense Clinic, speaks with Alabama Public Radio about potential pitfalls should this bill become law in the Wednesday, May 6 story, “Making It Legal To Take DNA From Felony Arrestees In Ala.”

The Career Services Office reported 97.4% of Alabama Laws 2008 graduates as employed within 9 months of graduation. This is the 13th consecutive year that the Law School has had its employment rate above 95%. Also, the number of employers who visited Alabamas campus last Fall to conduct jobs interviews with our law students increased by over 20%.

Podcasts are now available from the February 27, 2009 Law, Knowledge & Imagination symposium titled, “Speech and Silence in American Law.” Cambridge University Press will be publishing the papers in this symposium as well as those in UA Laws previous forum held in October 2008 titled, “Sovereignty, Emergency and Legality.”

The Chief Justice of the United States, the Honorable John G. Roberts, has committed to present UA Laws Albritton Lecture in 2010. Justice Clarence Thomas will give this same lecture in fall 2009, which will mark the second time he has spoken to Alabamas law students. The Law School was honored to welcome Chief Justice Beverley McLachlin, of the Supreme Court of Canada, to Tuscaloosa on March 9 to present the spring 2009 Albritton Lecture.

Throughout history, the laws for combating piracy became a key building block for todays international legal system. Alabama Laws Dean Kenneth C. Randall surveys the unique, historical relationship between piracy and international law during NPRs special report, “An Old Scourge, Piracy, Is New Again,” on Monday, May 4.

Since 1994, Alabama has had a law in place requiring all convicted felons to submit a DNA sample. But that could soon change. A bill currently making its way through the state legislature would allow for a DNA sample to be taken from everyone arrested and charged with a felony or sexual offense after October 2010. David Patton, assistant professor and director of Alabama Laws Criminal Defense Clinic, speaks with Alabama Public Radio about potential pitfalls should this bill become law in the Wednesday, May 6 story, “Making It Legal To Take DNA From Felony Arrestees In Ala.”

Divorce Law Myths in Australia

There are many myths about the laws that govern divorce in Australia. A lot of television shows, such as Boston Legal will have many viewers believing that divorce is a complicated and daunting process. However the majority of divorces never make it to court and only about 5% actually have a judge that makes the final decision. The majority of divorce claims reach a mutual agreement between the two parties before entering the courtroom.

The assistance of a lawyer will speed up the process and will guide you through any complications along the way. A qualified divorce lawyer can answer all questions relating to your divorce claim, including child custody, courtroom affairs and division of assets and property. In most cases your lawyer will be able to reach a settlement with the other party without standing before a judge.

Equal Child Custody
The idea that children will receive equal custody by both parents is not true and neither is the thought that mothers receive more custody. There are a few legislations that state equal child custody however these legislations are not mandatory. The truth is child custody is decided by 3 factors; firstly the childs age and their ability to decide which parent is in their best interest.

Secondly, the safety of the venue the child will be residing, including the home, contents and the surrounding area. Lastly is the practicality of the arrangement, including the distance from school and other facilities the child requires. Another myth surrounding child custody is that there is a high abuse rate. The abuse rate is actually higher in intact families as opposed to separated families where both parents have custody.

Half All Assets and Property
Again only 5% of divorce claims settle property and assets before a judge, as the majority of claims are settled outside of court. Even when settling before a judge, the chance of receiving equal amounts is very rare. In contrast to what many people believe, the earning capacity of each spouse is not the basis for the division of property and assets. Rather home duties are weighed together and the home maker will in most cases receive up to 70%.

For example the father may be more employable than the mother; however the mother has more home caring skills and will most likely end up with a larger settlement. There are cases where the main home carer will not receive the majority of property and assets, and that is when assets exceed an exceptional amount, such as property over one million dollars.

The Jury Decides
Nearly all matters concerning family law will not have a jury and will only have a judge. Divorce claims are held in family or federal courts, where only a judge, registrar or magistrate is present. The only exception is criminal acts, which are not treated as family law and are handled differently.

The majority of simple answers surrounding divorce law are myths, because they cannot be explained briefly. If you are serious about a divorce claim, then you should consult a professional family divorce lawyer. The best way is to jump online and Google family lawyers in your area.

Collaborative Divorce — breaking up doesn’t have to mean breaking the bank

The collaborative process, started by Minneapolis family lawyer Stuart Webb in 1990, provides alternative dispute resolution using a team of professionals working jointly for the couple, rather than in adversarial roles. It is just now hitting the radar screen in Illinois, where practitioners estimate that about 300 divorces have been handled this way in the last several years. The state averages about 35,000 divorces a year, records show.

Both parties agree not to enter litigation. Couples often hire attorneys trained in collaborative law and bring in shared accountants, financial planners, business valuation experts, child psychologists and even life coaches to help the couple. Unlike impartial mediators, the attorneys can advise their clients as advocates.

Proponents say it dramatically cuts the tension–and the costs–involved in traditional contested divorces.

There are skeptics, however. Among the critics are those who say the peacefulness of the process encourages divorce and attorneys who say the best representation for any divorcing spouse is a vigorous offense.

Participants in a collaborative divorce sign documents promising to disclose all assets, and their attorneys agree to walk away from the case if the parties end up going to trial.

An average contested divorce can run about $30,000, but it’s not uncommon for some to reach six figures, attorneys say.

Collaborative costs vary widely, depending on the number of professionals involved and the number of meetings it takes for spouses to agree on a settlement. Collaborative attorneys estimate that most of these cases settle for half to a third of what their bill would have been with a court battle. Settlements must be reviewed and approved by a judge.

Costs ranged from $5,000 to $21,000, representing as high as 15 percent of annual household income.

Even friendly divorces come with costs that reach beyond the courtroom, however, and women especially tend to feel the strain. Divorce Magazine reported the drop in standard of living for women after divorce was 45 percent in 2000. About 20 percent of people filing personal bankruptcy had been recently divorced, according to Harvard University law professor Elizabeth Warren, who has studied families in dire financial straits since 1986 and who is considered one of the leading national authorities on bankruptcies.

Your staff: In addition to consulting attorneys, divorcing couples are turning to specialized financial planners to run living cost estimates, decide the value of family businesses and prepare investment return projections on proposed settlements.

Typically these are accountants, certified financial planners or other financial advisers who offer a specialized divorce practice. Someone who has a Certified Divorce Financial Analyst designation has also taken a self-study course and completed four exams related to divorce finances, but be sure to inquire what other credentials he or she has. Training is done through the Institute for Divorce Financial Analysts in Southfield, Mich. (800-875-1760).

If you’ll need help valuing assets or a business, or suspect your future ex may be hiding money you also may need to contact a forensic accountant.

If you are the primary breadwinner but are considering a lower-paying job as you go through the divorce transition years, tread carefully. Some judges will require you to maintain your family’s previous standard of living. A judge may rule you’re more than capable of a high earning power and decide to award less alimony.

Your portfolio: If you think you’ll have to draw down some retirement money to cover expenses in the first few years of divorce, do it sooner rather than later, this way you can take a distribution at the time of divorce without a penalty,

Your tax return: Be sure to consider the tax consequences of your divorce settlement. The more money a primary breadwinner doles out as alimony instead of child support, the more he or she can deduct from income, experts say. The spouse receiving the alimony will have to pay income taxes on the money, but usually it will be at a lower tax bracket. Child support, on the other hand, isn’t deductible from income.

Who Needs A Family Solicitor

Numerous men and women will require the services of the family law court system at some place in their lives. Many could never foresee that they would discover themselves in the court room having employed the services of a family solicitor.

Here are a few examples of positive reasons why a person or family may require the services of a Family Law Solicitor. Adoption of a child or baby is an exciting life-choice however there are many legal aspects that have to be dealt with. A family solicitor could be helping a couple complete their family, or drawing up the papers that helps a single parent feed and cloth their children.

However, it is an unfortunate reality that many end up in the family law court for less pleasant reasons. The possibilities are endless however, they could be going through the process of divorce, fighting someone over child custody, they could be in the process of getting sued for child support, or being taken to court for alimony. There are sad cases of family members being accused of abuse or paternity cases where one is fighting to prove or disprove that they are the paternal father. In these types of cases there are no exclusions due to age, gender race or religion; all are expected to attend court. The impact of a courts decision in all these matters is likely to be significant in terms of the future of the family.

Those who have been married, divorced, living as domestic partners, or even those involved in a civil union may appear in family law and court if there is not a ‘happily ever after’ solution. The courts will decide who gets what in terms of property and persons. So who gets which visitation periods of the children, who keeps the family home, who owes for the debt the couple accrued while together will all be decided and more. It is often very difficult, upsetting and complicated to work out all the details of who gets what. However the process is there to settle disputes and allow people and families to rebuild their lives.

So with all of this to worry about you should seek the advice and services of a family law solicitor. Professional legal advice will make certain that you interests are suitably protected.

Relationship agreements (sometimes called nuptial agreements) can give you peace of mind. So if you plan to get married, start cohabiting or are about to enter into a civil partnership then some form of formal relationship agreement can protect you both.