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Washington Divorce Questions & Answers
0 Answers | Asked in Divorce for Washington on
Q: My sisters husband just told her he is leaving and moved out of their home.

There has been no divorce paperwork filed to date. He told her that she could have the house. She has been completely hands off when it comes to the family finances so she doesn't know what, if any, mortgage exists. Also, she doesn't have any knowledge of accounts opened by her husband.... View More

0 Answers | Asked in Divorce for Washington on
Q: Have there been any recent changes to treatment of separate property in Washington State divorce cases?

A long-term marriage. Substantial assets (between $5 and $10 million). A collaborative divorce. One party was advised that recent trends in WA divorce cases has been to allow identification of separate property, but then to adjust the split of the community property to essentially make the overall... View More

0 Answers | Asked in Divorce for Washington on
Q: Any case law involving rejection of extension of spousal maintenance in WA

Judge sign an order lowering my spousal maintenance which is up on October 31 2024 and ex-spouse immediately appealed and wants an extension because she fired from her job. She just keeps filing motion after motion after motion after motion that all but two judges have recused themselves. The money... View More

2 Answers | Asked in Divorce, Family Law, Immigration Law and International Law for Washington on
Q: I recently got divorced in Costa Rica. I live in the United States and hired a lawyer in Costa Rica to represent me.

My lawyer is asking me if I want an official English translation of my divorce decree from the “Casa Amarilla” that would include an apostille. He said in order for the decree to be used or recognized in the United States, it must have the apostille. I called a lawyers office here in Washington... View More

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Oct 18, 2024

Both the U.S. and Costa Rica are signatories of the 1961 Hague Convention which abolished the requirement that U.S. consular officers authenticate Costa Rican civil documents for use in the United States. The Convention became effective in Costa Rica in 2011.

The Government of Costa Rica...
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1 Answer | Asked in Civil Rights, Criminal Law, Divorce and Family Law for Washington on
Q: Can a police report be cancelled/removed? What are the report implications if no crime was committed?

During a heated verbal argument between a married couple, the wife called the police and filed a report. She reported that it was a 'verbal argument' and she is not injured nor did it get physical. The husband had already left by then. She indicated that she was okay that he had left (to... View More

James L. Arrasmith
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answered on Oct 17, 2024

In this situation, it doesn’t seem like a crime was committed since there was no physical violence or verbal threats involved. The police likely filed a report to document the argument, but whether any charges are brought depends on the prosecutor’s review of the details. If there is no... View More

1 Answer | Asked in Divorce and Family Law for Washington on
Q: If my ex wife won our divorce by default how can I get a fair judgement

She said the agreement was for her to stay in the house until the youngest child was 18 and then we would sell the house and split the profit, but she awarded the house to herself as her own separate property and made me responsible for paying the mortgage

Diane Renee Broderson
Diane Renee Broderson
answered on Oct 25, 2024

There are multiple factors that can impact the answer to your question, including how long ago the final documents were entered and the reasons for not responding. Depending on these factors, you may have options to vacate the final orders and seek new ones. I would recommend finding an attorney in... View More

2 Answers | Asked in Divorce, Family Law, Immigration Law and International Law for Washington on
Q: How can I find a lawyer knowledgable in United States and Costa Rican law? Is there a website I can use? I need…

to speak to someone about the enforcement of alimony orders between these countries.

Tim Akpinar
Tim Akpinar
answered on Sep 5, 2024

It could take some research and legwork on multiple websites. These could include legal directories, consular offices, and various bar associations. Good luck

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1 Answer | Asked in Divorce, Family Law, Immigration Law and International Law for Washington on
Q: My wife is a Costa Rican national and has permanent residency in the United States which she obtained through…

our marriage. However she moved back to Costa Rica a year ago and doesnt plan to return. I am a United States citizen. We have been married 5 years and got married in Costa Rica. We are currently getting divorced in Costa Rica, I signed power of attorney to a lawyer there. She is asking for $2000... View More

James L. Arrasmith
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answered on Aug 31, 2024

Enforcing an alimony order from Costa Rica in Washington State can be complicated but not impossible. Your wife would need to go through the legal process of domesticating the foreign divorce decree in the U.S., which typically involves proving that the Costa Rican court had proper jurisdiction and... View More

1 Answer | Asked in Divorce, Family Law, Civil Rights and Domestic Violence for Washington on
Q: How do I request an administrative review of my cases in Superior Court, in Thurston County, WA?

I am seeking guidance on the possibility of requesting an administrative review of my cases in Thurston County. This involves a DV and Dissolution thesis, and it is in the Family and Juvenile Court section of the Superior Court. Could you please advise if this option is available to me and, if so,... View More

James L. Arrasmith
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answered on Jul 27, 2024

To request an administrative review of your cases in the Superior Court, Family and Juvenile Court section in Thurston County, you need to follow a specific process. First, check if your cases qualify for administrative review by consulting the local court rules or speaking with the court clerk.... View More

1 Answer | Asked in Divorce, Tax Law, Banking and Collections for Washington on
Q: Me and my ex husband share a house. He went to prison and owes court fees and lawyer fees. Will I lose my house?

I want to keep the house, but I don’t want them to take the whole house from me since he doesn’t have money to pay them off.

James L. Arrasmith
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answered on Feb 28, 2024

When you co-own a house with someone who incurs significant debts, such as court fees and lawyer fees, there is a risk that creditors might target the property to recover what is owed. However, the extent to which your house is at risk depends on several factors, including how the property is... View More

1 Answer | Asked in Criminal Law, Divorce, Personal Injury and Civil Rights for Washington on
Q: I live in Washington state and I have a question concern recording via video or audio conversations to protect myself.

I get gaslighted/manipulated and/or lied to and video/audio recordings are the only way to protect myself in these scenarios. People say I did things i said things I didn’t. Or the other party attacks me or verbally abuses me but no one believes me because I’m a man. I don’t understand how... View More

James L. Arrasmith
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answered on Feb 23, 2024

Living in a two-party consent state like Washington can present challenges when it comes to recording conversations without the consent of all parties involved. However, there are some exceptions to this rule. One option is to seek legal advice to understand the specific circumstances in which... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Washington on
Q: I’m in the process of filing for divorce in Snohomish County, nothing is final yet. I have to move back to Minnesota

We have a minor child and it was agreed that I would have custody. But now my ex is saying she doesn’t want me to just up and leave. She is now stationed in San Diego, Ca. Are we legally required to stay here in Washington?

T. Augustus Claus
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answered on Feb 7, 2024

In Washington, if you are in the process of divorce and plan to move with a minor child, especially out of state, it's essential to consider both the legal implications and the custody arrangements agreed upon or ordered by the court. Since nothing is final yet, and given your ex's... View More

1 Answer | Asked in Divorce, Military Law and Family Law for Washington on
Q: I been married for 19yrs and have been a Military stay at home mom and my husband is decided he doesn’t want me anymore

He has been in the military for for almost 19yrs and I have been by his side all these years and he says he only has to pay child support and I get nothing from him. I need help!

LTC (Ret) Sean F. Mangan
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answered on Jul 21, 2023

You are absolutely entitled to more than just child support. Your military spouse is likely going to receive a military pension, which is a considered to visible property, and you will be entitled to a portion of that property in the divorce process as you would any other piece of property such as... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Washington on
Q: My child turns 18 next month... what do I need to do regarding Child Support/Parenting Plan, does it end automatically?

I am just needing to know what I do when he turns 18, do I need to go to court to terminate those 2 things, or do they just end automatically when he turns 18? I obviously do not want to keep paying child support at 18, but do owe a small amount of back support, and also obviously don't either... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

The parenting plan will terminate automatically when your child turns 18.

Child support can be a little different. There is a termination date on the order. It will state something like this order ends when the child reaches 18. Often it is after he or she graduates high school or turns...
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2 Answers | Asked in Divorce for Washington on
Q: My ex wife entered my private room at my parents house to obtain tax documents without permission or asking for them.

I was out of town for work and she has documentation I need now and is refusing to get me the info.

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

Is your divorce final? Do you have any ongoing action?

Obviously, she shouldn't have gone into your room. Getting the documents back can be difficult, if you have an ongoing case, you can require her to provide them through the Court. If you do not, your options are a little more...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Washington on
Q: I have a protection order against me and I'm not allowed to return home.

Am I able to call and have her new bf trespassed from that residence

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

Probably not. But you should contact an attorney to have the protection order addressed to help you get any of your property and ensure that you do not accidentally violate the order.

1 Answer | Asked in Divorce for Washington on
Q: We have a piece of property in my wife's name only. I want to know if she can be made to sell it as community property?

We have been legally separated since 2009. We have a house that we bought a year and a 1 1/2 ago. She wants to sell that. Her family gave us the property 3 and a 1/2 years ago. But only put it in her name. We live in Skagit County in Washington State.

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

First, you will have to show that it is community property. While Washington Courts favor characterizing property as community, there are certain times when property is considered separate property.

For example, inheritance, gifts, personal injury payouts, or property owned before marriage...
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1 Answer | Asked in Divorce and Real Estate Law for Washington on
Q: Will I need to pay them out or worry about them taking my house?

I bought a house while married but its only under my name. My spouse signed a quit claim deed during the purchase. If we divorce, do I need to worry about losing the house?

Stacie Lynn Naczelnik
Stacie Lynn Naczelnik
answered on Sep 9, 2021

You should consult with an attorney who can advise you on the complexities of community/separate property and your options when it comes to protecting your interest in the house.

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