Whether you and your partner have agreed on a resolution or are in a court battle, we at Universal Legal are here to help through any situation. We have provided a roadmap below to help you understand family law. We start at divorce/legal separation, which contain all issues related to family law, and then work through each issue individually. See below for explanations on the main eight issues we see.
Divorce & Legal Separation
Divorce and legal separation are typically the most complicated issues in family law. The difference between the two is that a divorce is final and legal separation is not. Once a divorce decree is entered, the marriage is officially ended or “irretrievably broken.” However, for a legal separation, the two individuals are still considered married but will have a parenting plan, child support order, divided property, etc. They then can reconcile if they so choose and end the legal separation. Or one party may motion the Court after six months to convert the legal separation to a divorce.
Divorces and legal separations become ever more complicated when there are problems with a party’s parenting (domestic violence, alcohol abuse, unaddressed mental health problems, etc.), high number of assets, children with special needs, and parties who will not agree on any even the slightest of issues. Cases like these can be very mentally taxing due to the many moving pieces. It is best to hire an attorney so they can walk you through the options such as: (a) requesting the Court order a person to obtain a domestic violence evaluation; (b) negotiating with the other party to figure out which property they truly cannot live without and what property they are willing to give you; (c) developing a sensible parenting plan where the parent who actually takes care of the children has them the majority of the time; (d) informing the other party/attorney of what they will lose in terms of property, time with their children, and legal fees if the case proceeds to trial; (e) giving a creative argument for your case at trial.
Child Custody
There are two types of parenting plan: (1) Temporary Parenting Plans and (2) Final Parenting Plans. In many cases the initial hearing to determine the temporary parenting plan is the most important hearing in a divorce or parenting plan case. The reason why is that the trial court often mirrors the temporary parenting plan when ordering a final parenting plan. Having an attorney at the initial hearing is key. The main two factors we have seen a Court use in making its decision are: (a) The relative strength, nature, and stability of the child’s relationship with each parent; and (b) Which parenting arrangements will cause the least disruption to the child’s emotional stability while the action is pending. But there are also other factors the Court will consider listed in RCW 26.09.187.
Property Distribution
“Just and equitable” is the legal phrase for how property should be divided. Many people believe that “just and equitable” means a 50/50 split of the marital assets but that is not always the case. Sometimes we have seen 60/40 or 70/30 splits depending on our clients’ circumstances. Spousal maintenance, the family home, property obtained before the marriage, separate bank accounts, and other facts to your case are all analyzed by the Court.
The law states only The nature and extent of the community property:
- The nature and extent of the separate property;
- The duration of the marriage or domestic partnership;
- The economic circumstances of each spouse or domestic partner at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse or domestic partner with whom the children reside the majority of the time.
Spousal Maintenance
The law on spousal maintenance is found in RCW 26.09.090 and it only applies in divorces and legal separations. It gives the Court a lot of discretion on how much maintenance to award the spouse who earns less. What we have found is that the rule of thumb is that for every 3 – 4 years of marriage, the higher-earning spouse will have to pay the other spouse a years worth of maintenance. This is typically in monthly payments but can be annually or a lump sum during finalization of a divorce/legal separation. How much money per month depends on the level of income for both parties as well as the length of the marriage. How the Courts often determine the amount of money is the following:
- Short-Term Marriages (0-3 years): For marriages 3 years or less, the Court normally awards the lesser-earning party only enough money to pay for their basic needs. This typically lasts for a year or less.
- Mid-Term Marriages (3-20 years): For marriages in between 3 and 20 years, the Court will typically award a range. For shorter marriages, it will typically just be enough to pay for their basic needs. However, the longer the marriage lasted, the more likely a Court will give more and sometimes a Court will equalize the net incomes of the parties. This means that the higher-earning spouse will have to pay the other spouse enough money per month/year to where s/he is making the same amount of money per month/year.
- Long-Term Marriages (< 20 years): For marriages more than 20 years, the Court will often equalize the net incomes of the parties. As stated above, the higher-earning spouse will have to pay the other spouse money to where s/he is making the same amount of money per month/year.
Child Support
In Washington there is a statutory formula to determine child support. The formula’s primary factor is both parents’ net income and there is a free Washington Support Calculator that can help you determine child support. If both parents are W-2 wage earners and have no additional income, calculating child support is pretty simple. It becomes complex when either party is unemployed, underemployed, a business owner or receives irregular income.
The person who pays child support is general the parent who has the children the least amount of time. They typically pay the standard amount from the formula; however, there are exceptions. The one we see the most is if the parent paying child support has the children close to 50% of the time. Other times we see exceptions if the parent that is paying child support already pays child support for other children. We also see it when the parent paying begins receives additional income from another source. There are many exceptions to the standard formula but most often the standard formula is what applies.
Domestic Violence
If you or your children are facing domestic violence, you do not need to wait until you file for divorce or a parenting plan to receive protection. There are systems in place for you to obtain a temporary emergency order which will create space for you and your children away from your abuser. The abuse does not have to be physical and there is a new law where “coercive control” is enough for you to obtain a protection order. Coercive control is defined as “a pattern of behavior that is used to cause another to suffer physical, emotional, or psychological harm, and in purpose or effect unreasonably interferes with a person’s free will and personal liberty.” This means that if your abuser is damaging property, surveilling you with technology, threatening you with a firearm, and intimidating you in other ways, you can get a protection order.
Sadly with the new law regarding “coercive control”, there have been many alleged victims who have used it to there advantage. They make false allegations against their significant other to keep the children away from him or her. At Universal Legal, we are here to help defend you from these false allegations and clear your name with the courts.
Relocation
One of the most challenging aspects of family law is when a parent decides to move away with the children. While the court cannot stop the parent from relocating, it can prevent the children from moving. Parents often relocate due to military orders, romantic relationships, employment opportunities, and other reasons.
There are two ways a parent can relocate with their children: (1) If the other parent agrees; (2) Filing a motion with the Court and proving it is in the best interest of the children. The non-moving party must receive proper notice, and the relocating parent is presumed to act in good faith. The burden is on the non-moving party to show why the move is not in the best interest of the children using the 11 factors in RCW 26.09.520. Typically, the factor given the most weight is the strength and stability of the child’s relationship with each parent, siblings, and other significant persons.
A key issue in immigration contexts is what happens when a parent wants to move with the children outside the country. The Court will first check if the destination country is a signatory to the Hague Convention on child custody. If it is, the Court will evaluate the quality of life, resources, and opportunities available to the child and the relocating party in both locations. For instance, if Country X has signed the Hague Convention but only offers education up to age 12, it might be difficult for a parent to move there.
Contempt
Contempt means a party has disobeyed a court order. To stop someone from disobeying a court order, a person can file for contempt and ask for attorney’s fees. Courts will typically punish the disobedient party with fines and forcing them to pay the moving party’s attorney’s fees. However, the Court can place a disobedient party in jail if the contempt is severe enough. There are also criminal violations for certain contempt issues such as if a parent moves with the children outside the state without filing for relocation.
Contempt is a very serious issue and the punishments can be severe. It is important to have representation in knowing what to do if you are accused of contempt. Likewise is helpful to have representation if you are filing for contempt so that the issues can be communicated effectively to a Court.