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Washington Divorce Legal Questions

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212 legal questions have been posted about divorce by real users in Washington. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
Washington Divorce Questions & Legal Answers - Page 2
Do you have any Washington Divorce questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 212 previously answered Washington Divorce questions.
Divorce
Washington

Recent Legal Answers

What are my options if I have a restraining order, my attorney says we have to go to trial and they won't settle?

Answered 9 years and 3 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Sounds like you'll have to represent yourself. Have you tried mediation to resolve the case.
Sounds like you'll have to represent yourself. Have you tried mediation to resolve the case.

How can I file back and not have to travel back?

Answered 9 years and 4 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If your spouse is still in WA you can file here. By filing here you are putting yourself under the jurisdiction of the State of WA. If your spouse is not here, the question would be where he or she is since the court needs to have jurisdiction over the other party. If there is real property in WA (land or houses) you can also file here on that basis and because you both lived here during the marriage.... Read More
If your spouse is still in WA you can file here. By filing here you are putting yourself under the jurisdiction of the State of WA. If your spouse is... Read More

Can my husband order me to vacate our home?

Answered 9 years and 4 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Probably not unless the house is his separate property and even then, it's unlikely. You will have to pay the mortgage on it (if any) if you're living in it. Since he is in jail and likely will be for a long time, it's unlikely a judge would allocate use of the house or the house itself to him if you want it.... Read More
Probably not unless the house is his separate property and even then, it's unlikely. You will have to pay the mortgage on it (if any) if you're... Read More

Should I start the divorce process now or wait until she's 18 if she will be 18 years old in 2 months?

Answered 9 years and 4 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Well if you start now you can get post secondary support for your daughter. Otherwise it makes no difference.
Well if you start now you can get post secondary support for your daughter. Otherwise it makes no difference.

Can I take my ex-husband back to court after being divorced for 4 or 5 years?

Answered 9 years and 4 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It is too late to relitigate the divorce including support etc. Since the IRS isn't going after you for taxes left unpaid during the marriage, you have no issue. Everything else is post divorce and therefore you have no right to it and he has no responsibility toward you with regard to maintaining the house etc. You need to seek other ways of supporting yourself. Nothing more can come from the divorce. marriagelit... Read More
It is too late to relitigate the divorce including support etc. Since the IRS isn't going after you for taxes left unpaid during the marriage, you... Read More

What do I say in court on our annulment if things just wasn't working out for us?

Answered 9 years and 4 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If the marriage was consumated and there was no fraud (e.g. one of you was already married) you can't have the marriage annulled, you have to get a divorce.
If the marriage was consumated and there was no fraud (e.g. one of you was already married) you can't have the marriage annulled, you have to get a... Read More

Does my child support payment stay the same if my ex-wife has her boyfriend living with her and my two kids?

Answered 9 years and 5 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The boyfriend has no responsibility to support your children. However, since your incomes have changed you can petition for a modification or adjustment of child support. Under WA law you can do this every 2 years. The boyfriend's income will only be considered for purposes of deviating from the standard amount. There have to be major reasons why this would apply.... Read More
The boyfriend has no responsibility to support your children. However, since your incomes have changed you can petition for a modification or... Read More

Can my soon to be ex-husband keep my car that is registered to me?

Answered 9 years and 7 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If your name is the only name on the title, you may be able to report it stolen and get it back. However, it is community property so you may need to get the divorce filed and make a motion to the court to allocate use of assets including the cars.
If your name is the only name on the title, you may be able to report it stolen and get it back. However, it is community property so you may need to... Read More

Would the petitioner be able to file their divorce in his home state?

Answered 9 years and 7 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If the respondent never lived in the state in which the petitioner now lives, that state does not have jurisdiction over him. Nor would it have jurisdiction over property in another state. The fact that it's a same sex marriage is irrelevant. A divorce is a divorce. Jurisdiction would be in the state in which the parties lived together or had property or in which the other party is willing to subject himself to jurisdiction if no real property is involved.... Read More
If the respondent never lived in the state in which the petitioner now lives, that state does not have jurisdiction over him. Nor would it have... Read More

If I got married in Mexico in a religious ceremony, am I legally married and how do I get a divorce?

Answered 9 years and 7 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If Mexico recognizes the marriage as legal than you are married and can get divorced.
If Mexico recognizes the marriage as legal than you are married and can get divorced.

Can my alimony payments be increased if I am living with someone who makes more than me?

Answered 9 years and 7 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You do not say if the order makes maintenance modifiable. Most don't. Many make alimony irreversible except by death and remarriage on the part of the recipient. Again, some orders don't even make alimony modifiable even with the death of the payor. Read your final orders. The fact that either one of you is living with someone who makes more money, is irrelevant.... Read More
You do not say if the order makes maintenance modifiable. Most don't. Many make alimony irreversible except by death and remarriage on the part of... Read More

Is it possible for the foreigners who were married in their own country to get divorce in USA and how long will the process take?

Answered 9 years and 8 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can get divorced in either country. Depending on where you get the divorce in the US and how much fighting there is between you and your husband, will determine how long it takes.
You can get divorced in either country. Depending on where you get the divorce in the US and how much fighting there is between you and your husband,... Read More

What are my options to get the money awarded and due to me?

Answered 9 years and 9 months ago by Dave Hawkins (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You would need to file a motion to enforce the decree.
You would need to file a motion to enforce the decree.

What is the legal definition of "retire or retired"?

Answered 9 years and 9 months ago by Cathy Lynn Naugle (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If the exact wording of your divorce judgment uses only the term "retires" and does not give an alternative time, such as "or reaches the age of ___, whichever is sooner", a judge would more probably than not decide that a "layoff" at age 57 is not a "retirement."  
If the exact wording of your divorce judgment uses only the term "retires" and does not give an alternative time, such as "or reaches the age of ___,... Read More

Can the credit card company come after the husband if the debt was contracted during the marriage?

Answered 9 years and 10 months ago by Helene Ellenbogen (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If the charges were accrued after the decree there is no basis to go after the husband. If they were accrued during the marriage, it's a community debt.
If the charges were accrued after the decree there is no basis to go after the husband. If they were accrued during the marriage, it's a community... Read More

what's the chances of my wife getting my vehicles in the divorce?

Answered 9 years and 10 months ago by Cathy Lynn Naugle (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Property owned by one spouse before the marriage is the separate property of that spouse and cannot be awarded to the other spouse except under unusual circumstances.  For instance, if a vehicle was purchased largely or entirely with your (now) wife's funds but it the vehicle was titled in your name for some reason--to avoid creditors, for instance--the Judge would have the authority to order the vehicle title transferred to her. merrisnaugle.com... Read More
Property owned by one spouse before the marriage is the separate property of that spouse and cannot be awarded to the other spouse except under... Read More

Can he go down without me and put his name also on the deed at the local deed/title office?

Answered 9 years and 10 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You should keep his name off the deed to your house. It is separate property as long as his name isn't on it. However, since you are using your community income to pay the mortgage, your husband has an equitable interest in the house, the value of which would have to be determined were you to get divorced or die. If you put his name on the deed, the house will be construed as a gift to the community and you will lose your separate interest in it.... Read More
You should keep his name off the deed to your house. It is separate property as long as his name isn't on it. However, since you are using your... Read More

Can I have him sign a new joinder waiving notice of entry of the decree and not have to serve him all of the new paperwork again?

Answered 9 years and 10 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Since you failed to do things properly, the case was dismissed. You now have to start all over. Nothing from the dismissed case counts. He can sign or not sign a joinder as he wants.
Since you failed to do things properly, the case was dismissed. You now have to start all over. Nothing from the dismissed case counts. He can sign... Read More

How can I stop spousal support if I paid for it for 28 years, retired now and suffering from Parkinson and major illnesses?

Answered 9 years and 11 months ago by Barbara Peyton (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Divorce
Have an attorney file a request for order to modify spousal support. Good luck.
Have an attorney file a request for order to modify spousal support. Good luck.

How can I stop spousal support if I paid for it for 28 years, retired now and suffering from Parkinson and major illnesses?

Answered 9 years and 11 months ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Divorce
To lower, terminate, or vacate the courts jurisdiction over spousal support you must make an application to do so. Paying spousal support for 28 years should be enough. We should be able to help you stop paying spousal support forever. When you are dealing with fragile economic issues in court, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!... Read More
To lower, terminate, or vacate the courts jurisdiction over spousal support you must make an application to do so. Paying spousal support for 28... Read More

Can one party alter the divorce settlement agreement without the other's consent?

Answered 9 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No! By definition a divorce settlement agreement is an agreement between two parties. One party can not alter it unless both parties come to a new agreement. To do so would constitute fraud..
No! By definition a divorce settlement agreement is an agreement between two parties. One party can not alter it unless both parties come to a new... Read More

How can I get a divorce from my spouse when he has all the money

Answered 9 years and 11 months ago by Cathy Lynn Naugle (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
See Section 26.09.060 of the Revised Code of Washington (the Washington state statutes), which addresses motions asking the Court to order your spouse to provide money for your attorney fees while your divorce is pending.  There are also DIY family court forms at https://www.courts.wa.gov/forms/.   Good Luck!  Cathy Naugle, merrisnaugle.com  ... Read More
See Section 26.09.060 of the Revised Code of Washington (the Washington state statutes), which addresses motions asking the... Read More

How do I file for divorce after 3 months of my marriage as I am still virgin and my husband is not capable of sexual relationship?

Answered 10 years ago by Helene Ellenbogen (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Under the circumstances you may be able to get an annulment if the marriage was not consummated. Consult a lawyer or if you are doing this pro se, you can find appropriate forms on line or at the county court house. In three months, you probably accumulated no assets or debts so this should be an easy process.... Read More
Under the circumstances you may be able to get an annulment if the marriage was not consummated. Consult a lawyer or if you are doing this pro se,... Read More

Can I kick my wife out so I can move back in?

Answered 10 years ago by Dave Hawkins (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
NO. If you move back in, you would have to evict her via legal process if you want her out you cannot engage in self-help.
NO. If you move back in, you would have to evict her via legal process if you want her out you cannot engage in self-help.

Can an attorney file without client approval?

Answered 10 years ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
An attorney can not file without the consent of the client. However, consent can take various forms, so you need to discuss how you may have given consent.
An attorney can not file without the consent of the client. However, consent can take various forms, so you need to discuss how you may have given... Read More
Divorce
Washington

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