Washington Divorce Legal Questions

Thank you for your question.  I am sorry to hear that you are having such difficulty co-parenting with your former spouse since successful co-parenting is paramount for the children.  Unfortunately, the attorney has no obligation to meet with you, even if you are representing yourself.  In fact, often attorneys will only communicate in writing with self-represented parties and this is due to the risk of information being interpreted as legal advice and conflicts being created.  If there is no court order in place, you are correct that you technically do not have a “legal” obligation to pay the voluntary support.  However, you do have a legal obligation to support your children financially and likely, your ex and her attorney will file an application with the Court to have that support calculated, ordered by the Court, and paid through wage garnishment.  It is imperative that you contact an attorney experienced in child custody and support matters to discuss all of your rights and options as soon as possible. ... Read More

Typically, when a person, without good cause, shall abandon his or her spouse, and refuse or neglect to maintain and provide for him or her, the circuit court, on his or her petition for that purpose, shall order and adjudge such support and maintenance to be provided and paid by such person for the spouse and the spouse's children, or any of them, by that marriage, out of his property, and for such time as the nature of the case and the circumstances of the parties shall require, and compel the person to give security for such maintenance, and from time to time make such further orders touching the same as shall be just, and enforce such judgment by execution, sequestration of property, or by such other lawful means as are in accordance with the practice of the court; and as long as said maintenance is continued, the person shall not be charged with the spouse's debts, contracted after the judgment for such maintenance.... Read More

Do a prenuptial agreement that clearly outlines what assets belong to whom, who will pay what during the marriage and how you intend to treat funds earned during the marriage e.g. retirement. That's the easiest cleanest way to know what's what and to keep things the way you want if you split up.... Read More

This will be resolved as part of the divorce. If he gets the car, he will be made responsible for the loan even if you're name is still on it. If he doesn't have the money to pay, you should get the car and loan or the car should be turned back in. Finally, the car could be paid off with money he would get from other assets. This too can be part of the division of property.... Read More

What makes it separate property is whether or not it is ever used for marital purposes and whether or not funds from earnings during the marriage are put into the account. I don't know what "where we'll be residing" refers to. If the brokerage account is in your parents and your name only and is neither added to by you nor used by you for marital purposes, it is separate property.... Read More

If he is your ex husband, was this an asset that was divided in the divorce. If so, whatever the decree said can be enforced (if the court gave you the bus, the court can appoint a special master to sign over the car if your ex is not responding). If it wasn't in the decree, you can ask the court to do this in a motion to amend the decree.... Read More

As long as you are living together and married to each other you can be held responsible as this is a community property state. If you file for a legal separation or divorce you can be freed of any obligation as soon as a court gives you an order making each of you responsible for your own debts.... Read More

The court will not reverse a perfectly good decision. You should have asked the court to order him to refinance. Given that you didn't, You can either go back now and ask the court to amend the decree, giving you the house (and mortgage) and giving him his share of the equity through the period during which he paid on the mortgage or to the date of the motion to amend.You can also just put the house on the market and divide the equity.... Read More

Your wife can't serve you. A third party has to. The court after a year may well have thrown it out for lack of service. You can call the court (or go there in person) and ask for copies of what has been filed. You'll have to pay the copy fees. However, that still would not constitute service.... Read More

You have an interest in a portion of the equity in the house for the period of your cohabitation as well as the marriage, but only for that portion that is held in his name and not his mother's. You don't say where the down payment or the mortgage came from, your husband (in which case a portion is yours) or his mother (which is neither yours not his). You should immediately file for dissolution or legal separation so you can establish who gets to stay in the house and establish child support and possibly maintenance (WA word for alimony). It's more complex than whose name is on the title to the house.... Read More

If you are already separated you could file for a legal separation. I assume he continues to support you. If not, you can certainly go to court if you file either a legal separation or divorce, and get maintenance (the WA word for alimony). You are also entitled to a portion (at least half) of all the family assets including his retirement, etc. You don't say why he is wanting a divorce now, but it seems unnecessarily mean spirited under the circumstances. You also don't say how old the children are. He has a duty of support if they are still in high school or in college and under 23. You should talk to a lawyer.... Read More

Until you have a court order, everything belongs to both of you and each of you is free to use it. A court can require a person who removes an asset to return it. If the two of you are separating, the right thing to do is to file with the court and get temporary orders, including a temporary parenting plan, in place. You can't stop an impending separation/divorce, so sitting down and having a rational conversation would be a good first step. Keep in mind that controlling behavior on your part will only hurt you in the long run. Everything belongs to both of you and each of you has the same rights before the law.... Read More