Category Archives: Ask a Lawyer

Can I Afford to Get Divorced in a Recession?

Question

My husband and I decided 6 months ago to get divorced.  Since then he has started dating and now has a girlfriend.  I am miserable and desperate to split up, but I don’t see how we can afford it.

We bought our house in 2007.  We could probably just about sell it for what we paid for it, but we would have…

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Can I File a Joint Return After I’ve Filed for Divorce?

Question

My husband and I split up at the end of September.  He says that we can’t file a joint tax return, because we are living apart and I have already filed for divorce.

He thinks that he will be better off by filing separately.  But I still have taxes withheld from my pay checks based on a joint return. …

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I Want to Relocate with My Kids – Do I Need to Tell My Ex?

Question

My wife and I divorced about 5 years ago.  We have two kids.  Under our final parenting plan, I am the primary residential parent and my wife sees the kids every other weekend, and once a week during the week.  I was recently offered a great new job that will really improve our financial situation.  The only problem is…

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Am I Entitled To Some Of My Ex-Husband’s Social Security?

Question

My husband and I are divorcing after 18 years of marriage.  I stayed at home with our kids for nearly eight years, and even after I went back to work I never made nearly as much as he did.  We are dividing our other retirement accounts, but our divorce decree says nothing about social security.  Am I entitled to…

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I Suspect I’m Paying My Ex Too Much for Daycare – What Should I Do?

Question

When our child support order was entered a few years ago, I was ordered to pay my ex a certain amount each month for our kid’s day care – in addition to what I pay for child support. I suspect that my ex isn’t actually spending that much on care for our children anymore – what can I do…

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Am I In a Common Law Marriage?

Question

I’ve lived with my boyfriend for over ten years, are we in a common law marriage?

Are these two "married"?

Answer

No – not if you and your boyfriend live in Washington.   Eleven states recognize “common law marriage”, but Washington is not one of them.  “Common law marriage” is a a legal status given to some…

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What’s Community Property?


Question

I’ve heard that Washington is a community property state.  What does this mean?

Answer

Community property refers to the way that Washington laws treat the property of married people.*  In general, married people in Washington have two kinds of property: community and separate.  Community property is property that both spouses own equally, while separate property…

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Do Courts Enforce Promises To Send Kids To Private School?


Question

My wife and I always agreed that we would send our daughter to private school.  Now that we’re splitting up, she says that she can’t afford it – even though she earns the same salary.  Will the court make her stick to her promise?

Answer

Maybe.

An Order of Child support sets out the…

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I’ve heard that I have to tell my ex if I am going to move. Is that true?

The Child Relocation Statute (RCW 26.09.430-560) requires the parent with whom the child resides primarily to give the other parent 60 days notice of any plan to move outside his or her present school district. If you can’t give 60 days notice (for example, because you did not know about the move in time) you need to give notice as…

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When Kids Choose

Question

I’ve heard that once a child reaches 12 years old, he or she can decide which parent to live with. Is this true?

Answer

Not in Washington. Unlike many states, including California, Washington tries to keep children away from court altogether in custody disputes. In fact, Washington courts often react quite negatively to a parent even saying “But…

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