News Category: Family Law
What to Know if You’re Getting Divorced and Your Spouse Holds Power of Attorney
Worried about a financial power grab in divorce? A power of attorney can be like writing a blank check to your spouse. Many married couples will sign powers of attorney as part of their estate planning documents, which provide broad authority to act on the other spouse’s behalf. Estranged spouses have used powers of attorney
Community or Separate Property? Beware of THE Mortgage Rule
What you don’t know about your mortgage could hurt you. In Washington State, we are not a “title state.” Accordingly, placing your spouse’s name on the title of a separate real estate does not automatically make it community property. However, beware; if your spouse signs off on the mortgage liability associated with your separate property
Did You Really Say Goodbye? What is the Date of Separation and What is the Legal Impact of that Date in Divorce?
The lyrics “We only said goodbye with words” were famously written and sung in Back to Black by Amy Winehouse. The song was about the ending of a relationship, and the theme of goodbye. Under Washington law, “words of goodbye” are not enough in a divorce to establish separation and the end of the marital
A Primer on Community vs. Separate Property in Washington State
As a divorce lawyer in Washington State, it is common for new clients to come in to our first meeting with the understanding that Washington is a community property state and believing that this means all property and debts are split right down the middle, 50/50. While this is often a good place to start
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
Valuing Real Estate in Divorce Cases
Washington State divorce laws provide that in every case the trial court must order a “just and equitable” distribution of the parties’ property and liabilities, whether community or separate. RCW 26.09.080. This includes real estate. Of course, before the court can decide how to divide and award property, it must first determine the value of
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
DIVORCE: HOW TO PROTECT YOUR PRIVACY
A divorce can be a very public affair. In Washington State, divorce filings are generally publicly available documents. For many divorcing spouses with a high net worth, maintaining financial privacy is a primary concern. For other divorcing spouses, it may be the “dirty laundry” that they want to keep private. This is especially true if