What Is “Family Law”?
I find quite regularly that people are confused by the term "Family Law". That is why I often prefer to tell people we practice Divorce Law, as it seems clearer. However, even that is not completely accurate....
Who Stays In The House After Divorce?
Often at the beginning of a divorce, one party chooses to move out because they no longer want to be living with the other person. This can impact later claims that they should be the person awarded the house in the divorce, as the courts tend to lean towards the least disruptive solutions: i.e. le...
Living With Your Spouse During Divorce
While people tend to assume you need to separate at the time you start divorcing, that is not necessarily true. Many people in fact do wait to separate later during the process or even at the end. While it might be difficult for many to imagine living with your spouse under these circumstances, i...
Can I Afford To Divorce In This Housing Market?
Over the last couple years, Seattle has seen an extreme rate of growth in housing prices. Right now we are leading the nation in housing price growth. While this may be good for sellers and landlords, it is making it harder and harder for buyers and renters. One impact is that some people in the ar...
What To Ask For In A Divorce
The main thing you need to be aware of (at least in Washington State): you don't need to know every detail about what you will ask for at the time the divorce is filed. The Petition, or Response to Petition, can be framed in very general terms. All you need to know are the broad categories. For ins...
Can We Divorce Without A Lawyer?
It certainly is possible in Washington State to divorce without a lawyer, although as a lawyer I need to clarify that I do not recommend it. I have had clients spend a lot of money trying to undo mistakes they made writing their own court orders (remember the old car care commercial "Pay me now, or...
How is Property and Debt Split During a Divorce?
In Washington the courts are instructed to make a "just and equitable" division of all property and debt, both community and separate. Some factors the court is to consider include the nature and extent of the property, the duration of the marriage, and the economic circumstances of each spouse....
Who Pays for the Divorce?
In Washington State, each party is responsible for hiring and paying their own attorney, including any initial deposits as well as any subsequent bills. So this means that each spouse pays for the divorce based on their personal choice of attorney. However, the court does have the authority to alloc...
How Are Retirement Benefits Divided in Divorce?
This might also be titled "What is a QDRO?", but the answer is really bigger than that. Some people assume that because retirement benefits were earned by the one party and is in her or his name, it is not subject to division. In fact, retirement benefits are considered community property and so...
“Compassionate Divorce” – My Thoughts on an Article by Roger B. Ley
I just read an article in our local Bar magazine, NWLawyer, by attorney Roger B. Ley on Compassionate Divorce. Basically, Roger's thesis is that kindness gets better results than vindictiveness. I agree wholeheartedly! Roger points out that when one side to a divorce makes room for thinking about...