Answers To Commonly Asked Questions About Family Law
Below, we’ve provided answers to questions prospective clients regularly ask our attorney.
Do I need to hire an attorney when dealing with family law issues?
Legally speaking, you are not required to consult an attorney. As a practical matter, however, working with an experienced family law attorney is essential. These are complex legal matters that can impact your financial future, your parental rights, your relationship with your children and more. You simply cannot afford errors and delays in the resolution of your case.
How do courts determine who gets custody of children in a divorce?
Judges prefer when two parents are able to work together to negotiate the details of a custody agreement. If that is not possible, however, the decision is left to the court. In Washington, judges must make custody decisions in the best interests of the child or children. There are a wide variety of factors to consider, which our attorney would be happy to discuss with you during an initial consultation.
Is it possible to change a child custody order in Washington?
Yes, it is, with the approval of a court. If there has been a significant change in parental circumstances or the needs of the children, either parent can petition the court and make the argument that the current custody order no longer meets the best interests of the child. Because courts value consistency and predictability for kids, however, the arguments will need to be well-reasoned and compelling.
Our legal team can help you present the strongest argument for your position, whether that is seeking a change or seeking to prevent a change.
Answers To Commonly Asked Questions About Divorce
When you’re facing a divorce, it’s natural to have many questions about the process and what to expect. Below, we provide answers to some common questions you might be asking as you consider next steps.
Do I need to work with a divorce attorney?
You are not legally required to hire an attorney for your divorce. You can file “pro se,” which means without a lawyer. However, this approach is only practical in cases where you and your spouse are in agreement about all aspects of your divorce and there are no complicating factors.
In all other cases, hiring a trusted attorney is the wisest choice. Divorce can involve many complex issues, including the division of property, child custody and support arrangements. An experienced attorney can provide guidance, represent your interests and help ensure that the settlement is fair and in accordance with the law. They can also handle negotiations and paperwork, reducing stress during this difficult time.
How long does the divorce process take in Washington?
The duration of the divorce process varies significantly depending on the complexity of your case and whether it’s contested or uncontested. In Washington state, there is a mandatory 90-day waiting period before the divorce can be finalized (starting from the date the divorce petition is filed). If both parties agree on all terms, the divorce may be finalized shortly after this period. However, if there are disputes over any issues (such as asset division or child custody), the process will typically take longer. Disputed cases sometimes take a year or more to resolve.
Are marital assets split equally in a Washington state divorce?
Washington is a community property state. In such states, the property and debts of either spouse, if obtained during the marriage, are typically considered jointly owned and are usually divided equally between both parties in a divorce.
There are some exceptions to what is considered marital property, including inheritances given to only one spouse, gifts intended for one spouse and items purchased/obtained prior to marriage. Even some premarriage items can become community property if they appreciate in value during the marriage, so it is important to work with an experienced attorney who understands the nuances of the laws governing property division.
What’s the difference between divorce and legal separation?
In Washington state, both divorce and legal separation allow for the division of assets, child custody and support arrangements. However, the key difference is that a divorce legally ends your marriage, while a legal separation does not.
With legal separation, you remain legally married but live separate lives. This option might be chosen for personal reasons, religious beliefs or health insurance considerations. It’s important to note that a legal separation can be converted into a divorce later, if desired.
Answers To Commonly Asked Criminal Defense Questions
Below, you’ll find answers to some questions you may have about your criminal charges or about the legal process generally.
What is the legal blood alcohol concentration (BAC) limit for driving in Washington?
As in nearly every other state, Washington’s BAC limit is .08%. Anyone with a BAC at or above that level can be convicted for DUI based almost entirely on the test results alone. It is also possible to be convicted of DUI while under the limit if the prosecutor can prove that your driving was affected by your use of drugs or alcohol. It is important to note that state lawmakers are considering bills to lower the BAC limit to just .05%, which would make Washington’s BAC limit among the lowest in the nation.
Will my license be revoked after being charged with DUI?
If you are convicted on DUI charges, you will likely face a license suspension of at least 90 days. However, you also face a separate suspension based on the arrest alone. After being arrested for DUI, you have just seven days to request a hearing to contest what’s known as an administrative suspension. If you don’t make the request in time or if the hearing examiner does not decide in your favor, your administrative license suspension will go into effect.
How does Washington define domestic violence?
The “violence” in the term domestic violence can include inflicting physical harm or bodily injury, threatening to inflict harm, stalking and sexual assault. The term “domestic” refers to the relationship between the alleged abuser and the alleged victim. The victim can be a family member or someone living in the same household. It could also be an intimate partner, former intimate partner or someone with whom the alleged abuser shares a child or children.