News Author: Will Reingold
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
Washington Divorce: What You Need to Know About Relocating with Children and Providing Notice to the Other Parent
The Washington State legislature defines a “Parenting Plan” as “a plan for parenting the child, including allocation of parenting functions, which plan is incorporated in any final decree or decree of modification in an action for dissolution of marriage or domestic partnership, declaration of invalidity, or legal separation.”[1] Setting forth various procedures and responsibilities the
Washington Family Law: Appealing Your Case When the Issue Concerns a Committed Intimate Relationship
I have previously blogged about Committed Intimate Relationships (“CIR”) and how courts handle them at the trial level, which you can read about here and here. In addition, CIR have also been reviewed by the Appellate and Supreme Court of Washington. Succinctly, the Supreme Court of Washington recognizes CIR as an equitable doctrine “because the
In Washington, What are your Chances of Successfully Appealing your Family Law Case?
Ask any good attorney a question, and you will probably be given the following response: “It depends.” The answer usually serves as a preface to a more thorough discussion about the specific facts of your case, what the issues are, and a general risk assessment based on the legal grounds you are traversing. This blog
If the U.S. Supreme Court’s Overturning of Roe v. Wade has Caused You Feelings of Anxiety, it Might be a Good Time to Take a Pause . . .
With Roe v. Wade overruled, people are aptly concerned that the constitutionality of same-sex marriage may be in jeopardy. That fear is exacerbated by Justice Thomas’ concurrence in Dobbs v. Jackson Women’s Health Organization, insisting that the Supreme Court’s rationale for overruling Roe be applied to Obergefell v. Hodges’ conclusion that the Due Process Clause
Can I Appeal a Ruling on a Family Law Case in Washington?
If a family law case proceeded to trial or ended in any way other than a settlement, then chances are one (or both) of the parties is unhappy with the result. Perhaps one party feels like an important aspect of his or her case did not go their way; or perhaps the other party believes
In re Dewitt: An Example of Washington’s “Committed Intimate Relationship” Doctrine Applied to a Very Fact-Intensive Case
In a prior blogpost, I discussed Washington State’s Committed Intimate Relationship Doctrine (“CIR”) and outlined the five non-exclusive factors courts consider in determining whether a CIR existed: (1) continuity of cohabitation, (2) duration of relationship, (3) purpose of the relationship, (4) pooling of resources, and (5) intent of the parties. These factors (known as the
In re Marriage of Watanabe: Washington Divorce Law: Still No Joint Title Gift Presumption
The saying that “the beaten road is the safest” is typically associated with advice not to take unnecessary risks and to play things safe. In the law, the notion rings true for courts and their adherence to established precedent and rulings. Judges follow precedent to promote fairness and uniformity in handing down decisions, that way
Late or Untimely Discovery Responses in a Child Relocation Act Case: The Lawyer Escapes Sanctions (For Now)
Civil lawsuits can take a long time. After the complaint and other initial pleadings are filed, the next phase of the case will typically turn to what is referred to as “discovery.” Discovery is the mechanism the parties and their attorneys request and exchange information. For various reasons, it is often a slow and tedious
Not Married, Not a Problem: Washington State’s “Committed Intimate Relationship” Doctrine Provides a Means for Some Unmarried Couples to Have Their Property Divided Just Like in a Regular Divorce
In a divorce, the judge will have to divide your marital property and debts between the spouses. The division must be “just and equitable” under the circumstances of the relationship. But can an unmarried couples receive a just and equitable division of property after breaking up? Under the right circumstances, the answer in Washington is