FAQs Brost Law Office Attorneys Olympia Washington

Over the years, the definition of “family law” has expanded and now covers more than just the termination of a marriage. Family law can involve the division of assets from relationships that were never marriages, or custody of children not born to you. It can include establishing the rights and obligations of people before marriage or before divorce. A good family law attorney provides clients with comprehensive planning services including pre-marital agreements and exit strategies that simplify the divorce process. Using a sensible problem solving approach to issues of custody and visitation, division of assets and responsibility for financial obligations often results in win-win solutions. Strong advocacy for fathers wanting a significant relationship with their children is an important aspect of modern family law practice. In addition, the growing problems of grandparents raising grandchildren must be handled with sensitivity, creativity and skill. Finally, as lifestyles become more complex, so do the problems associated with managing them. When you are looking for solutions, you want someone who is willing and able to think outside the box.

In Washington, child support is based on the combined incomes of the two parties, the number of children in a family and their ages. While it seems simple, it is often a complex process to analyze what should be included in or excluded from income. For shared residential arrangements or big disparities in income, a solid knowledge of the law and how it is applied in your particular case may make the difference between having enough money to take care of your children, or not.

Often, grandparents, step-parents, or other family members develop deep attachments to children, and seek to establish a permanent legal relationship with them. However, given recent Supreme Court decisions, it is very difficult for such a person to establish such a relationship when the natural parent objects. In cases of serious neglect or abuse, an in depth discussion with an experienced family law attorney can be invaluable in assessing the legal avenues available or the non-legal options when there is no legal solution.

Sometimes couples need some time apart, but do not want to end their marriage. Insurance issues or religious beliefs sometimes prevent a couple from wanting a divorce. With a legal separation, the couple retains their married status, but divides their assets and obligations just like in a divorce. They also allocate their parental responsibilities in a parenting plan and child support order. A legal separation can be obtained with no waiting period. However, once a decree of legal separation is signed by the court, the couple is precluded from divorcing for a six month period. Thereafter, (absent a specific and carefully drafted agreement otherwise) either party may “convert” the decree of legal separation to a decree of dissolution. Your family law attorney can help you decide if you should consider this option and help you plan a strategy that best meets your needs.

When determining whether a spouse is entitled to maintenance, the court looks at the need of the spouse seeking maintenance and the ability of the other spouse to provide financial assistance. If temporary maintenance is requested, the court will try to put the parties in as close to an equal financial situation as possible until the final allocation of assets and debts. When a final decision is made, a maintenance award is usually of short duration, unless it is designed to compensate that spouse for a community property interest. Many facts and circumstances enter into a decision by the court to award maintenance, and individual judges vary widely in awarding or denying maintenance. If you believe that maintenance will be an issue in your case, you need to be prepared to thoroughly discuss all of the financial circumstances in your relationship. If you have financial statements or tax returns, you should bring them to your initial meeting. If you have a professional practice or your own business, bring as many of the financial documents as are available to you.

Your children love you both, and when you fight about the parenting plan your children will suffer. Creating a parenting plan that you will both honor takes time, patience, and flexibility. The mandatory parenting plan form is designed to help you make most of the decisions necessary. However, you should not be afraid to customize your plan for your family. When you are finished, everyone should have a clear understanding of the schedule so that your children can more easily cope with having to move between homes.

If you are considering creating a shared or joint parenting arrangement, you should consult with an attorney before you do so. There are significant legal implications of such a plan. Also, if you have very young children, an experienced family law attorney can help you consider the developmental issues related to moving them from home to home. Finally, if there are substance, physical or other abuse issues, simply reaching an agreement may not be in your children’s best interest. You will need good legal advice from someone who has a lot of experience working with these kinds of issues.

Both the community and separate assets, and debts of the parties will be before the court for division. Washington State law requires that the court divide all of the property and debts equitable, not necessarily equally. The court will consider the financial circumstances of each party when making a determination about how to fairly divide the assets and debts. Of course, the people who know the most about what is fair are the parties themselves. In addition, both parties have a fiduciary responsibility to the other to take care of the assets and to be forthright about them. Therefore, the best and most cost effective way to manage the assets and the debts is to reach an agreement before your case is even filed with the court. If agreement cannot be reached, you will need to provide detailed information about the assets and/or debts so that the value of each can be determined and a recommendation made to the court.

The division of personal property items, such as furniture and/or tools, is the court’s least favorite thing to consider. The court will value those kinds of assets as if they were being sold at a garage sale. The court rarely awards a monetary sum to compensate one person for property retained by the other. Instead, the court tries to divide the “things” so that the distribution is fair.

There are many factors to consider before a child is adopted by your new spouse. Sometimes what you think is right is not what is best for your child. Generally, very young children, who have no relationship with the natural parent, do well with the traditional family structure created by an adoption. Older children may also be much better off with a “mom” or a “dad” that loves them, and has committed to a legal relationship with them. The issues become much more complex when the child has a relationship with a natural parent who is prepared to give up his/her parental rights (often for financial reasons). Frankly, most family law attorneys simply do not have the expertise to make a recommendation about whether your child will benefit from a step-parent adoption. Instead, a good family therapist is much better equipped to assist you and your child with this decision. Of course, doing the legal paperwork is a standard part of a family law practice and will pose no difficulty for a competent family law attorney.

Do not wait until you can see a lawyer. Immediately call a domestic violence hot line or shelter. The counselors there are equipped to help you get safe. Many places (including most court houses) can help you get a protection order at no cost to you. You do not need a lawyer to get safe. Only after you are safe, should you schedule an appointment with a lawyer who can advise you about further options.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © 2008 by Brost Law Office. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.