Washington State Divorce Legal Issues

People approaching Washington divorces are often surprised by the deficiency of clear rules. People ask their lawyers, ” How much alimony do I have to pay?” ”How much child support will I owe?” How long I will have to pay?” How much of my pension does she get?” With very few exceptions, Washington Divorce Online has found that the law itself cannot give you very precise answers to these questions.

Either you and your spouse will negotiate a settlement between yourselves or a judge will determine the arrangements for you. In Washington State divorce cases, there are now formal guidelines that the court must follow in awarding child support. However, on most issues, judges are unfettered to implement their own discretion after hearing evidence, and this discretion extends even to child support guidelines.

You take your chances when you and your spouse go to trial. It can be a roll of the dice. Most judges do their best to be fair and professional, but, like the rest of us, judges are susceptible to their own prejudices and biases. If you don’t like the judge’s decisions you will either learn to live with them or you can appeal to a higher court, but few people ever utilize the appeal process. Appeals are difficult to win because the burden is on the person making the appeal to prove to the higher court that the trial judge misinterpreted the law or abused the discretion permitted the judge by law. Even if you are one of the few who wins on appeal, all you get most of the time is a new trial. The only way to be sure that your Washington divorce meets your needs is for you and your spouse to negotiate the resolution yourselves.

When you negotiate your agreement, you negotiate a contract voluntarily. You sign it voluntarily. You cannot decide that neither of you will support your children, and you cannot subject your children to danger or neglect. But, within very broad limits you are free to decide together, how you will resolve the issues at hand.

Settlement arrangements are negotiated in the shadow of the law. That means, you negotiate with an eye on what you think would happen if you were to go to trial and let the judge decide. Experienced lawyers often think they can predict what would happen at trial. Washington State Divorce lawyers tend to develop a consensus or sense of industry standards about the results of trials. They may agree that the judges “always give the wife half the house” or ” a third of the husbands pension.” They might agree that in a particular case $200.00 a week for child support would be unlikely. Lawyers who have appeared many times before the same judge may acquire useful generalizations. Much of this may be true indeed, but the truth is that you cannot depend on it. You may get a particular judge, or you may get that judge on a bad day, or your lawyer may be wrong. Although most lawyers will sovereignly foretell the outcome in court, few will guarantee you the conclusion. You need to treat such predictions with healthy ske pticism.

Alienation of Affection Laws

Alienation of affection is a term used to point to a tort action brought by a deserted spouse against an individual or a group of individuals who are held responsible for the failure of the marriage. A tort is a wrongful act which causes injury or loss to someone. Tort laws deal with such acts where a persons behaviour or act causes an unfair injury or loss to another person. A tort can be intentional or accidental, but not illegal. Tort laws allow victims of tort to recover their losses. Although alienation of affection law is considered outdated and prehistoric by many, there are lawsuits related that can be justified even today. This subject brings numerous legal issues and often brings up questions which cant be answered by the common man that Experts can answer. The top five queries related to alienation of affection are listed below that have been answered by the Experts:

In which states is alienation of affection law recognized?

Each of the United States has their own rules and regulations for this law. However, there are four states in the US, namely, Illinois, Mississippi, Utah and South Carolina that recognize alienation of affection laws.

Is it possible for someone to file a case under alienation of affection law in Maryland?

The state of Maryland has abolished the law, but allows petitions for divorces. Many states have different standards and not every state recognizes this law in general. Experts can answer state specific law questions.

Does the state of Illinois allow someone to sue for alienation of affection after being diagnosed with PTSD (Post Traumatic Stress Disorder) due to an affair?

Although IL recognizes it in some cases, the plaintiff must be able to prove conclusively that the defendants lack of affection was the prime cause of the affair or that PTSD was because of the alienation of affection that was caused by the affair from the spouse.

Can someone from a state which doesnt recognize alienation of affection laws file a case in a different state that recognizes the laws

A person can sue someone for alienation of affection only if the person being sued is a resident of a state that recognizes the laws. Apart from this, a person can also sue someone for any emotional distress caused by the person being sued.

Can a lawsuit be filed by someone in the state of Mississippi for alienation of affection after the divorce has been finalized?

It is possible for someone to be sued for even after the divorce. However, in the state of Mississippi, any lawsuit has to be filed within a time period of 3 years starting from the day on which the divorce was finalized.

Divorce attorneys mostly believe that the laws formed around alienation of affection should be abolished. However, there are certain trial lawyers who support such cases. Alienation of affection can range from employer/employee, parental alienation etc., to the biggest and most common form which is divorce-related. If you have any questions concerning alienation of affection laws www.justanswer.com/family-law.

Property Division, Real-Estate, & Washington Divorce Law

All property division pursuant to a divorce in Washington state starts from the simple premise that all assets accumulated during the marriage will be presumed to be “community property” and split 50/50. But in practice the 50/50 split often does not end up being the result because of such legally cognizable factors as: the earning power of the parties upon termination of the marriage is highly unequal, one party made the entire down-payment, the property came by inheritance, and quite a few others. Often time this arises in shorter marriages where the parties have acquired a piece of real-estate. So how does one answer this question?

The mortgage rule is a legal tool used to characterize property acquired, using both community and separate funds, over a period of time. Harry M. Cross, The Community Property Law in Washington, 61 WASH. L. REV. 13, 39-49 (rev. 1985). The mortgage rule examines whether both parties concerned were obligated to make payments in order to retain ownership of the disputed asset. If there was no such continuing obligation, then the character of the asset is retrospectively determined to be proportionate to the ratio of separate and/or community funds used to acquire the asset. Absent a continuing obligation, the character of the property is retrospectively determined to be proportionate to the ratio of separate and or community funds used to acquire the property It is precisely this mortgage indebtedness that itself constitutes a contribution to effect the final determination of what proportionate share either party should be entitled to. If the other spouse signs the promissory note they become liable to the bank and later third parties for repayment. Even if that party had low income and no assets to secure the loan it is still a contribution. If separate funds are used to make a contribution and are traceable a lien for the down-payment amount could be found but only to that extent of that separate contribution to the down payment. However, In Re Hurd changes this slightly in that the separate character of a cash down payment can be transformed into community property by titling the home in both parties names. (Thus we see some significance in whose name an item of property actually stands.)

This includes such assets as the appreciation of retirement plans that were purchased before the marriage. The value of such an asset must be analyzed to determine what portion grew or accumulated during the marriage and the value prior to the marriage.

Washington state divorce law purposefully vests a substantial degree of leeway to the Judges hearing your case (and I say Judges because the Commissioners only deal with pre-trial issues, modifications, and contempt; they can’t divide the equity in your home or business). Carefully planning from the start of your case is necessary to develop the evidence needed in property characterization. It also gives the attorney time to become familiar with what both parties real financial futures might look like upon final dissolution of the partnership. This is especially important where one is not dealing with a trivial amount of assets, or if you feel your spouse has a significantly higher earning potential.

Division of real estate under Washington state divorce law can also be made not in accordance with whose name is on the title to the property. Whose name the property is titled in, does not settle the matter conclusively but may be considered by the judge among other factors as possible indicia that the parties wished to make it separate.

How to Choose a Good Divorce Lawyer

Every relationship begins with a feeling of love and affection. But there can be some unfortunate situations where your life becomes a maelstrom. The marriage that you thought would give love and happiness will end up a lacuna. You experience a mlange of emotions when a necessity to proclaim a divorce arises. What you need the foremost in a situation like that are good lawyers who can understand your emotions, the emotional and financial stress that you are undergoing and help you accordingly. Moreover, the lawyer should be someone who can explicate things in a proper way for you to understand as the divorce process is going to be rigorous and time consuming. Since it is an intricate issue that is subject to too many complications and lots of mutual disagreement, it is indispensable to be circumspect. So it becomes a necessity to know how to choose a good divorce lawyer.

Qualities of a Good Lawyer

The lawyer you are looking for, in short, should be a legal eagle. After all, you entrust your future in the hands of the lawyer. An effectual lawyer is the one who will
Assist you in the proceedings of the court and the case
Provide courtly response for the questions that you pose
Help you understand the positive and negative aspects of the case
Assist you in concentrating on the important part of the divorce, keeping in mind the emotional problems. Precautions to Be Taken

You can carry on one of these procedures before you choose the right person to represent you in court.
Talk to friends or people who have already undergone the legal proceedings of a divorce.
Do comparative study by talking to more than one lawyer and check out how they differ and what is beneficial to you.
Think twice if you are comfortable talking to the lawyer about your marriage life.
Observe their opinion about arguing for child custody, if you have a child.
Talk to the lawyers personally and not through phone as this can give you an idea about how honest the lawyer is.
Do not let the desire of getting a divorce soon and breaking up from the marriage affect your analysis about the lawyer.
Check if the lawyer will effectively take care of the settlements, the alimony or the palimony. Clarifications to be Carried Out

Once a lawyer has satisfied all these criteria there are a series of questions that you should ask them to make sure you have chosen the right one. Some of them being,
For how long has the person been pursuing law as a career.
The lawyers area of expertise.
The trail experience that the lawyer possesses.
How has the lawyer handled cases that were similar to your case.
To what extent the lawyer has knowledge about the settlement and parental alienation.
The process of filing and getting a divorce in the city of your residence.
The apparent issues and obstacles in the case.
Duration of the process and the process that s/he would recommend.
Amount you are going to pay them.
The schedule of payment.Play Your Part Honestly

Is it Time for a Divorce

Most of us enjoy fulfilling love from different relationships all through our lives. However, no love can be comparable to marital love that adults are entitled to. This love is unique for it is a homogenous blend of respect, admiration, acceptance, friendship, trust, faith and the need to feel special. Such an atmosphere of love and desire is conducive to a healthy and fulfilling married life.

If either of these is absent from a marriage, the couple should work at fulfilling that particular deficiency.

Lack of Respect

Respect for the marital spouse is the foundation stone for a strong marriage. Lack of it is signified by both, verbal and non verbal communication. Even a simple gesture like an upward eye roll indicates non acceptance and respect denial, lack of caring and aggressive behaviour. This simultaneously induces defensive and negative behaviour from the spouse which in turn aggravates hostility.

A more serious breach of respect is the verbal onslaught and physical and emotional abuse by the marital mate.

Physical Abuse

Physical abuse comprises shoving, slapping, punching, kicking or strangulation. Physical abuse should never be tolerated. The partner might use such acts of intimidation for controlling the spouse or resorting to such behaviour pattern might have been a habit learnt from childhood. Whatever may be the inducing reasons, such negative behaviour jeopardise safety of all the other family members.

Emotional Abuse

Verbal abuse is more serious than physical abuse and people often tend to ignore it for the mere lack of physical symptoms and the fear of not being taken seriously. But, it is much more serious than physical abuse for it leaves an injury on the soul of a person. The abused, loses self respect, courage, self confidence, rational thinking and lives life in self doubt.

Like the eye roll, the very first act must be met with defiance. The partner must be indicated the non acceptance of such behaviour. It should be put an end to before it becomes strong enough to destroy the marriage. If the spouse fails to end aggressive behaviour, needless to say the marriage has to be terminated.

Lack of Trust

Adultery is common and more than 30% of men and 25% of women have indulged in adultery at least once in the span of their marital life. And 65% of adultery episodes terminated marital life. Adultery, as is commonly believed does not occur just for sexual fulfilment. Men have the inherent desire to be loved, respected, admired and have peace at home. These propel a man towards higher achievements. And women desire to be sincerely loved, and love financial and familial commitment from their men. The desire to feel protected is a primeval instinct inherent in every woman.

Non fulfilment of either need drives people toward adultery. The erring spouse soon loses the trust of the aggrieved partner. Both adultery and lack of trust can be easily dispelled before they damage the relationship between spouses. Counselling is a must to help partners get rid of such tendencies. Once either spouse realises what is lacking in a relationship, fulfilling that inadequacy is not difficult. Yet, if each chooses to ignore the needs of the other, then divorce might be the only solution.

How does Legal Separation differ from Divorce

Legal separation is where a married couple legally separate without getting divorced. During this legal process decisions regarding children (such as custody, visitation rights and maintenance payments) and financial issues (such as debt, mortgages and assets) are decided upon. It is really an official separation, going further than simply living apart but not as far as getting a divorce. After a legal separation a couple are still legally married but live separate lives. They are formally living apart and the courts may be used if there are any disputes.

In some ways a legal separation is like a divorce, with the most obvious reason being that the couple are not living together. If a couple have children similar arrangements need to be made as they would were they divorcing, either through agreement or through the courts. Where each spouse lives and who pays for it needs to be established as does who has access to shared funds or assets.

So, why do couples choose legal separation instead of just getting divorced? Some opt for this because they dont like the idea of getting divorced, possibly for religious reasons or they dont want the stigma of being divorced. Often couples use legal separation as a trial to see if they would like to stay together or divorce. It gives them time and space to make a decision. They may find that living apart makes them realise they miss each other and want things to return to the way they were, or they may want to be separated permanently. Sometimes legal separation leads to divorce, sometimes it leads to reconciliation and sometimes they remain separated without getting divorced.

Although some couples remain separated for good without divorcing, this is fairly rare. If they are not going to remain together as a couple most will prefer to cut their ties with each other. Another important consideration is that while still married, they are unable to marry anyone else.

So, is legal separation necessary or can couples simply live separately without the legal process? Well, they can if they wish, but it is not always that simple. Whether that is preferable depends on an individual couples situation and preferences. Legal separation can be more complex in some ways due to the legal processes that must be gone through. But, on the other hand, it can also simplify things as they will both know where they stand on certain issues.

Beatrice Sareen (c)

Checking the Divorce List Twice

Divorcing isnt easy. Handling the various details required for marriage dissolution in California is enough to send a person into panic.

Going for marriage dissolution is a tough decision, made even more difficult if there are children involved. Its a time for second guessing, worrying about the welfare of the kids, and about the future. Then there are all the details that need to be attended to in order to get marriage dissolution in California. The stress levels couldnt be higher. In situations like this, discuss your fears with your Orange County divorce attorney. Thats what they are there for; to guide you through the labyrinth of confusion that arises when divorce proceedings take over what was once a normal life.

In order to get a handle on some of the stress, one of the better ways to get mentally organized is to make a checklist; a divorce checklist. While this might sound like the last thing on earth you would want to do with the roof falling in on your head, it offers you the chance to clearly focus on what needs to be done, what is done and what is pending, as well as puts into focus what documents or information you will need to round up.

The other positive thing gained by using a divorce checklist is that it tends to prevent any surprises further down the road if both of the spouses are on the same page during their dissolution proceedings. While this may be a very upsetting thing to do, it will pay off in the long run when all the sticky issues that need to be taken care of are out in the open and ready to be discussed with some degree of equanimity.

A divorce checklist should also have an asset and debt inventory section that covers various items that need to be shown to the court. That usually includes marital debts for the couple and an accurate record of all marital property. The property may include bank loans, bank accounts, student loans, pension plans and retirement plans, IRAs, bonds, stocks, sporting goods, the marital home, jewelry, and the vehicles both spouses drive. If there are any questions on how to classify property or divide your debts, speak to your Orange County divorce attorney for clarification.

One of the hardest things to sort out for a divorce proceeding is the value of assets, and in most instances, a reasonable guess will suffice keeping in mind that you may also need to be able to prove the actual value of the asset at a later date. The value of the asset should also include details about when the item was purchased and which person will take possession of it. Splitting the debts should also be done in a similar manner. In other words, who incurred the debt, how much is owed and who is going to take the responsibility to repay it.

There are other questions that will need to be dealt with over the course of the dissolution proceedings, and if you stay in constant contact with your Orange County divorce attorney, the journey to divorce wont be quite as devastating or confusing.

Custody of Children after a Divorce

Over the course of history women have been given custody of children after a divorce more often than men. This used to be seen almost as an automatic right. This has changed slightly in recent times though, with Fathers given significantly more rights when it comes to looking after children post-divorce. This applies to both custody and visitation rights if their ex-wife has been given custody. A Fathers role in the development of children is taken much more seriously than in previous times. Family Law states that Fathers have equal rights to Mothers and each decision should be made on its specific merits.

Statistics show that women get custody more than men though. What is the reason for this? It could be that there is still some bias towards women by judges, who assume that Mothers make better parents. On the other hand it could just be that Mothers tend to more often be in the position where the children living with them would be more appropriate.

After a divorce there are many factors that are taken into consideration when deciding which parent should get custody of the children. Each parents employment status can be a very important factor. If one parent works full-time and the other doesnt work at all, it may be deemed best that the children live with the parent who does not work. This is because (s)he has more time to be able to devote towards the children. This may be one reason why women gain custody more often than men; it is more common for women to be stay-at-home parents than men, although this is not as common as it once was. A decision is most likely to be based on this reason if the situation was the same when the couple were married, and this parent has spent more time with their children as a consequence. The decision can in some cases be made the other way round, with the parent who does work being deemed to be in a more financially stable situation. This is not always the case because this parent will usually be required to make maintenance payments to help the other parent bring up their children.

The situation each parent finds themselves in and the stability of this situation is also important. This can depends on employment as well as other factors, such as lifestyle. If one parent has medical or psychological problems, then they may not be deemed the best parent to bring up the children. If one parent has re-married it could work either way. It may be seen as a negative to have someone else playing a part in their upbringing so soon after their parents have separated, but it could also be decided that this is a better family environment to bring children up in. A criticism of the system is that too much of the decision comes down to the opinions of a particular judge, and no matter how much Family Law stipulates what should happen, everyone has certain biases.

Andrew Marshall (c)

Are you lonely and bewildered about a relationship breakup and want help to get your ex back

You already know how grueling it is to just wake up and roll out of bed in the morning. You leave your radio off on your way to your job because every song is a painful reminder of him. You can’t even bear to eat at the same restaurants you took her to. And if that isn’t bad enough, you have to deal with the loss of friends and family that are on “their side”. But here’s some good news… Most relationships CAN be salvaged! You may find it difficult to believe that almost every break up for whatever reasonbetrayal, plain old lost passion, loss of interest, a stolen heart and worse…even the worst situations you could conceivelike men serving prison terms have salvaged their relationships. Yes, even Ex-convicts have reunited with girlfriends and wives after being away for years! It doesn’t matter if you were the one that got left or did the leaving your pain is real and can be healed. Find out everything you need to know to feel better within twenty-four hours. It’s true you could be feeling significantly better one day from today. The Magic of Making Up System can… Show you how to take COMPLETE CONTROL OF THE BREAK UP and make your ex become extremely attracted to you and want to have sex with you every day of the week! Yes it is realistic with “The Instant Reconnect Technique” (my favorite technique). You can use these secrets right now to make your ex Come CRAWLING BACK TO YOU on their knees while they are begging you to take them back! However, I must STRONGLY CAUTION YOUthe advice and techniques are VERY unconventional. Relationship counselors get REALLY ANGRY because they are charging a lot of money (sometimes for months and even years) and you could do just one of the procedures in the book And next thing you know… youre back together with your ex. I just don’t believe that any amount of sitting in a classroom can make up for the REAL WORLD experience that you will learn. Human psychology plays a big part in the approach to getting back with an ex. Unconventional techniques and relational psychology is a large part of the Magic of Making Up. It will lead you toward a recovery just like thousands of other separated people have experienced. Your pain could be gone, faster than you can begin to imagine, forever, if youre willing to follow the system. How would it feel to wash away your pain, to remove the knot eating you up from the inside? “Do you want all the magical behavior controlling advice to get your ex back?”

Brooklyn Personal Injury Lawyer

If you have been the victim of a car accident or you have been injured by another’s negligence, then you should know that speaking with a personal injury lawyer as soon as possible after the incident is vital. It is almost always beneficial to have a reputable personal injury lawyer by your side.

Anyone can become subjected to a personal injury. In these types of circumstances, it is critical that you have a personal injury lawyer to help you make your claim towards your pain, suffering, and injuries.

Car accidents are the leading cause of several types of injuries differing in severity depending on the brutality involved. In most car accidents, it is due to the negligence of the other driver that you may suffer an injury; therefore, you will want to hold them accountable by filing a claim. Aside from car accidents, workplace accidents account for the next highest amount of personal injuries.

When you have been the victim of a personal injury, it is in your best interests to hire a reputable Personal Injury Attorney that can guide you in filing your claim. Regardless of the type of accident, it is important to know your rights. A good lawyer can help lead you in the correct way to file a claim and help you understand all to which you are entitled.

It is important to not simply hire the first lawyer that you find in the yellow pages. When it comes to personal injuries, not just any attorney will do. You want a lawyer that has a lot of experience with personal injury law cases. Many claims may start out general and then become much more complicated, and in these types of cases it is critical to have a knowledgeable attorney at your side. Only a great lawyer can get you the compensation that you deserve.

Do not expect to find your attorney after just a few phone calls. Finding the best lawyer will require time, effort, and research on your part. There are several ways that you can research the best attorneys and, once you have compiled a substantial list, you can then compare the attorneys to find the one that suits your case best.

Narrow down your list and then plan to meet with the top ones on that list. It is best to meet with a few and then go over your options. This way, you can discuss your claim and obtain feedback. It is important to go over your claim with each lawyer to help you decide who is best to handle your claim. The lawyer should be able to go over exactly how he or she will process your claim.

You have the ability to obtain referrals for different lawyers from many different sources. You probably have friends or acquaintances that have had experiences that called for a personal injury attorney and they can refer you based on their experience. Additionally, there are also directories that list lawyers and their specific practice areas. These directories also list fees and other information that you will need to make your decision.

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