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What is a “Defunct Marriage” in Washington?

Merriam-Webster defines “defunct” as “no longer living, existing, or functioning.” In Washington, a “defunct marriage” is a term for spouses who have given up any hope of salvaging the relationship, and yet for whatever reason have not filed for divorce.[1] This blog explains why defunct marriages are relevant for purposes of a divorce. It is

Modifying a Parenting Plan in Washington: A 30,000-Foot View

You have a child with another person—either an ex-partner, ex-spouse, or someone with whom you never actually had a romantic relationship. You’ve gone through the court system and agreed upon or litigated a final parenting plan and child support order. You’ve been trying to coparent under the terms of the parenting plan for some time;

The Nuts and Bolts of Appeals: Preservation, Prejudice, and Presentation

Why Appeal at All? People appeal their case because they want a better outcome then what they received at trial.  Maybe that means that the appealing party lost a jury verdict, or felt that they didn’t “win” enough at trial.  Perhaps someone in a divorce trial receives 55% of the assets but no spousal support

Challenging Prenuptial Agreements in Washington State, at Trial and on Appeal

Most people are aware of the statistic that roughly 50% of marriages end in divorce; but did you know that only 5 – 10% of couples opt for a prenuptial agreement prior to marriage? So, what does a prenuptial agreement entail? Broadly, prenups are agreements between two individuals who plan to marry one another, the

Don’t Let Your Divorce Become Your Identity

Stress and anxiety are unfortunate byproducts of divorce. For some, every aspect of one’s life may be negatively impacted by divorce: productivity at your job may plummet; concern about finances might keep you up at night; social interactions may be more difficult as you try to stoically act as if everything is alright; and, if

What are the “Relocation Factors” in Washington Family Law?

In a prior blogpost, I discussed the statutory notice you have to give to another parent when you plan to relocate with a child.  If the non-relocating parent objects to the move, then the parents will need to go to court and have a judge determine whether to allow the move.  The governing statutory scheme

Basic Legalese for Family Law

Sua sponte • inter alia • sine qua non • in pari materia • ex parte • stare decisis • in limine • ejusdem generis • per curiam •   ad litem • in loco parentis • pro se • de novo • sui generis • de jure • intestate • arguendo • ipso facto

A Timetable for Divorce in King County, Washington

Legal proceedings tend to take longer than people expect or desire.  For people facing divorce, most want the matter finalized as quickly as possible.  An oft-asked question is how long it will take to be officially divorced.  This depends on several factors and following are some of the key factors. First, in King County, the

Parenting Evaluators and Quasi-Judicial Immunity

When custody arrangements are in dispute and the parties cannot agree on a parenting plan, the trial court may order that a “parenting evaluator” be assigned to the case.  The evaluator acts as a neutral, third-party who provides a report to the court assessing the family and offering recommendations as to what is in the