Question 1

How much does a divorce cost?

Accepted Answer

Every case is different and the costs can vary as much of the individual facts of the case vary – in very simple cases, it could be as low as $1,500 or in very complicated, highly contested cases it can be tens of thousands of dollars.The biggest variable in that equation is how contested is the case – multiple court hearings, failure to cooperate to try to resolve issues, or the need to go to trial for a judge to make the final decision all adds to the costs to both parties.

Question 2

What are the steps in going through a divorce or other family law case?

Accepted Answer

The first step is drafting the initial court pleadings, filing the pleadings, and serving the other party.It may be necessary to have a hearing relatively early in the process to get a temporary parenting plan, child support, spousal support, restraining order, determine who may reside in the house, or other issues.In some cases it’s appropriate to appoint a Guardian ad Litem (GAL) to do an independent investigation and report to the court regarding the children.The next step is gathering and sharing information – getting information from the other party may be done simply and informally or may involve the formal discovery process.After each side has all the information they need to evaluate the case, negotiation typically begin to try to settle the case and if that fails, then the parties will go to mediation to try settle with the help of a mediator.And if that fails, then the case will need to go to trial to have a judge decide all of the issues.

Question 3

How long does a divorce take?

Accepted Answer

There is a minimum 90 day waiting period in every divorce, but that rarely is an issue, as it typically takes longer than that to resolve in all but simple cases.Cases may be completed in four to six months or they may go on for over two years.The average is around a year to resolve.As with many considerations in these cases, factors that can lead to greater delays include more complicated factual issues, greater than average animosity and contention between the parties, or delays in gathering all necessary information.In addition, if a GAL is appointed, that almost inevitably adds months to process to wait for that process to be completed.

Question 4

Will we need to go to trial to finalize the case?

Accepted Answer

Not necessarily.Most family law cases are settled before trial, either through negotiations or mediation, so only a relatively small percentage of cases need to go to trial.But in some situations where the parties cannot agree even after mediation, it’s necessary to go to trial to let a judge decide the case.Trials are expensive, time consuming, and often very emotion, so best to avoid trials whenever possible.

Question 5

If my case goes to trial, what can I expect?

Accepted Answer

First of all, don’t expect a trial to be like it’s portrayed in movies and on TV – a real trial is not nearly as exciting or dramatic as it is in movies.Both sides question witnesses, present evidence, and make arguments to the judge.Trials can take as little as half a day in very simple cases to a week or longer in complicated cases.Trial are expensive, since we’ll be in court for all or most of each day and there’s a great deal of preparation needed to present your case persuasively to the judge.Usually we don’t get a decision from the judge at the conclusion of the case – we typically need to wait a few weeks to get the decision.

Question 6

What is mediation?

Accepted Answer

Mediation is a dispute resolution process where the parties and attorneys meet with a mediator (typically remotely via computer), who is usually an experienced family law attorney, to try to settle the case and resolve the issues.  The mediator does not have the authority to decide the case, but rather works with the parties to reach compromises to try to settle and resolve their disputes. Mediation (or some other form of dispute resolution) is required in all family law cases before going to trial. Mediations are typically successful in settling cases, which is one reason why only a small percentage of family law cases end up in a trial.

Question 7

When should mediation be scheduled?

Accepted Answer

It’s best to schedule mediation after the parties have exchanged all necessary information so that all issues are fully addressed during mediation.

Question 8

Am I automatically entitled to half of our property?

Accepted Answer

Not necessarily.While 50/50 property divisions are fairly common they are not automatic.There are several factors that are looked to that can slide the division one way or the other, including each party’s separate property, the party’s relative income or income potential, each party’s age and health, etc.In some cases, the factors that could favor disproportionate property division may give rise to spousal support instead.

Question 9

What is separate or community property?

Accepted Answer

Community property is most property acquired during the marriage.Separate property is property that either party owned prior to the marriage, property acquired during the marriage by way of gift or inheritance, or the proceeds from separate property.Property can be converted from separate to community in certain circumstances if it’s not fully segregated from other community property.The court has broad discretion to divide all property, but in the vast majority of cases, each party will keep their separate property.

Question 10

Is alimony always required?

Accepted Answer

In Washington, alimony is referred to as spousal support.Spousal support is not always awarded, either on a temporary basis after a hearing or longer term ordered in the final orders.The standard for deciding whether or not spousal support is appropriate is the need and ability to pay test – one spouse has the need for the payments and the other spouse has the ability to pay that.The amount and duration of spousal support is based on many factors, including property division amounts, the length of the marriage, and each party’s work history and future prospects.

Question 11

How is child custody decided?

Accepted Answer

First of all, in Washington, the term “custody” isn’t used – that makes it sound to much like the children are property to be owned by one of the parents.Instead, the court enters a parenting plan that addresses the major issues relating to the children, including their residential schedule (who they spend time with and on what schedule), any basis for any limitations on either parent, decision making, transportation, and many other potential issues.The overriding consideration in deciding the terms of the Parenting Plan is what is the best interests of the children.

Question 12

Am I entitled to 50/50 custody of my children?

Accepted Answer

Equal 50/50 residential time with the children is not the norm.Typically, the children reside primarily with one parent during the week and the children reside with the other parent other times.

Question 13

What is a Guardian ad Litem and what do they do?

Accepted Answer

In some cases where there are serious allegations about one or both parents, such as neglect, abuse, substance abuse, mental illness, or other issues, the court will appoint a Guardian ad Litem (GAL) to do an investigation.(Some counties use different terminology, but the process is the same.)A GAL does an impartial investigation, interviewing all parties and reviewing documentation to prepare a report with the GAL’s recommendations for terms of the final parenting plan.A GAL report can take six months to over a year to complete and costs $3,000 to $5,000 or more to complete.Since the GAL’s report is an independent process, the court give the GAL’s recommendations a great deal of weight, but it is possible to convince a judge not to follow some or all of the GAL’s recommendations in some cases

Question 14

How is child support determined?

Accepted Answer

Calculating child support is a relatively simple process.Once both parents’ income is determined, there is a formula for setting child support based upon the parties’ relative net income.If the court finds that one or the other parent is voluntarily unemployed or underemployed (earning less than he or she is capable of earning), the court may set child support based upon what that parent could or should earn.The court does have the discretion to increase or decrease the child support from the standard calculations, but in most cases the standard calculations are used.

Question 15

Should I hire an attorney or represent myself?

Accepted Answer

Family law cases can be difficult, complicated and time consuming – and most importantly, address important, life altering events and decisions.There are mandatory forms available for use in family law that can be filled out without an attorney, but successfully navigating a family law case involves much more than filling out the proper forms.A professional, experienced attorney can help assure that you get a fair outcome to your family law case.When I talk with someone who is considering handling anything but the most simple case themself, I frequently ask if they hire professionals for other important issues in their life – for example, if you have a toothache do you try to pull it yourself or do you go to a dentist?For the same reason people go to their dentist, most people should seek legal advice

Question 16

What is your approach to representing clients in family law cases?

Accepted Answer

Some attorneys utilize a highly adversarial approach to all or most cases.While that may be needed in some cases, my approach is to try to limit the adversarial aspects of cases and do things the “easy way”.That’s generally not as emotionally draining for clients and typically requires less work and thereby a lower cost to clients.But if circumstances make it necessary to take a more adversarial, hard line approach, I’m comfortable and experienced in doing it that way.

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