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Washington Divorce Questions & Answers
0 Answers | Asked in Divorce for Washington on
Q: I file the wrong name in the divorce decree and the judges already sign. Am I still divorce?

How can I change my name?

0 Answers | Asked in Appeals / Appellate Law, Child Custody, Divorce and Family Law for Washington on
Q: Can I record my ex wife (w/o knowing) admitting to perjury that lost me custody of my kids & use it to appeal my divorce

My ex wife told awful lies about me and used blackmail to get custody of the kids and win everything from our marriage. I represented myself pro se and walked away with absolutely nothing. All I care about is getting at least 50/50 custody of the kids and to get 50% of the business assets she sold... Read 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... Read 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.

2 Answers | Asked in Bankruptcy and Divorce for Washington on
Q: Can I go bankrupt post divorce to avoid paying a property settlement while still keeping my home? Chapter 13?

basically my wife has taken everything and I want to keep our home. I will have to buy her out, but will need to file chapter 13 after. Can I include this settlement to avoid having to pay her. I have already paid over $50K in alimony and $80K in attorney fees,

Timothy Denison
Timothy Denison
answered on Jul 20, 2021

No. You cannot bankrupt a divorce settlement.

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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Washington on
Q: My husband is in jail for domestic violence. I want to divorce him and get my sons passport so I can return home

Is this possible with him being in jail

Brennan R Block
Brennan R Block
answered on Jul 15, 2020

Yes, it is possible to divorce your husband while he is in jail. You will need to serve him, in jail, with a divorce petition and follow procedures required by law. You should hire an experienced divorce attorney in your state to help with you with the process.

1 Answer | Asked in Divorce for Washington on
Q: After the 90 day waiting period begins 4 uncontested divorce, are there steps that require me to be physically present?
Kevin R. Richardson
Kevin R. Richardson
answered on Dec 21, 2019

Yes. Nothing magic happens after 90 days has lapsed. Rather, you are now allowed to conclude your dissolution because that the statutory waiting or "cooling-off" period has expired.

The process varies by county, but generally speaking you need to set up a hearing before a...
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1 Answer | Asked in Divorce for Washington on
Q: Moved from Ca to Wa state in Dec 2018. How is an inheritance split during a divorce? I have been married 19.5 years.

My husband received inheritance from sale of father's property

Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Nov 22, 2019

You need to check with your divorce lawyer. IN the State of Texas inheritance is separate property and not subject to division during a divorce.

1 Answer | Asked in Child Support and Divorce for Washington on
Q: My wife has a daughter that isn't mine that I have raised for the past 15 years. Will I have to pay child support?

I never legally adopted her.

Marc Andrew Moses
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Marc Andrew Moses
answered on Apr 12, 2019

The short answer is no, but it depends on a few other factors.

Children from other relationships are not considered for child support. The "depends" part is if the mother believes you are the father, which can be overcome with a DNA test, which would then result in you not paying...
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1 Answer | Asked in Divorce for Washington on
Q: I need a lawyer for a divorse ... it is a basic divorce he owns nothing nore do I and he keeps his debt I keep mine

We got married In Spokane county jail he was incarcerated and got sent out to prison the next mourning after our “wedding” we are split up and have been sence befor he was ever released.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 24, 2019

You can contact a divorce attorney for a consultation, and you can also seek self-help resources at your local law library and on the WA courts website. Were you legally married? If you're seeking a divorce, you'd need to file the necessary papers in court and have them served on your... Read more »

1 Answer | Asked in Divorce for Washington on
Q: I believe at mediation the mediator told me I could not discuss anything to family, friends etc after leaving. I believe

I signed a paper promising not to. I was sick at the time and wasn’t able to pay attention very well. Now I am hearing from someone that I can discuss it openly with whomever I want. Is this true, or am I held to a code of silence with anything said in mediation?

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 18, 2019

Discuss this with an attorney in your state and review what you signed. The general rules of mediation are that anything said (offer to compromise, behavior, etc.) cannot be used against the other party in court, and that the mediator cannot be called to testify about what was said during... Read more »

1 Answer | Asked in Divorce and Family Law for Washington on
Q: I am currently unemployed, how can I eliminate or modify the alimony (maintenance) I currently owe my ex?

I was employed for 34 years, currently unemployed. The maintenance had been set at a flat $600 /month (order was held open) ,

Split custody but children always lived with me, full time (5 kids), ex never helped with any expenses (medical, food clothes etc). I was advised to retain a lawyer... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 10, 2019

You may acquire self-help forms and books at your local law library as well as self-help forms and guidance on the court's public website. See: https://www.courts.wa.gov/forms/

More details are necessary to provide a professional analysis of your issue. The best first step is an...
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1 Answer | Asked in Child Custody, Child Support and Divorce for Washington on
Q: What documents will i need to take to the court house to start the divorce process

Hello, I am trying to file for a divorce in Washington state, I am trying to do this on my own, i was wondering what documents I would need. I have the summons, Petition for Divorce and Agreement to Join Petition (Joinder) documents that my ex signed already. I am trying to expiate the beginning... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 10, 2019

Have you researched the process at your local law library and online via the WA state court's website? Those are great places to start when representing yourself in a divorce and seeking forms and guidance. Have you considered limited scope representation as a more affordable way to hire a... Read more »

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Washington on
Q: Is it possible to lose sole custody of my son if I am a student, not currently working?

Husband is emotionally abusive and has been physical 2 times with me. He is terrible to my dog (hits him, threw him once). I’ve grown to hate him, and during one incident I feared for the safety of my son (emotional well-being too)

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Dec 26, 2018

You might be able to seek a restraining order, child custody, child support, spousal support, and attorney's fees, depending on the facts. You can report domestic violence to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an... Read more »

2 Answers | Asked in Child Custody and Divorce for Washington on
Q: My friend is going to be filing a divorce online with his wife who lives in Washington. It is uncontested. Verbiage?

His question is based on the verbage he needs to use. The wife has full custody of the daughter and he wants visitation rights. If he puts that he wants visitation without using the word custody for himself will that work? He doesn’t want to lose his daughter. Or does he need to be required to... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Jan 24, 2018

This is not something he is going to want to do without an attorney. When your car is broken, you take it to a mechanic, not get on youtube and try to figure it out yourself. One simple error can cost thousands to fix. He needs to do it right the first time and hire and experienced attorney to... Read more »

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0 Answers | Asked in Child Custody, Divorce, Family Law and Immigration Law for Washington on
Q: What are my rights at a divorce with a drugs and alcoholic husband having a 15mo old son and me being a legal immigrant?

What is the chance to get permanent custody of my son in case of a divorce in this situation?

0 Answers | Asked in Child Support and Divorce for Washington on
Q: Do I have to pay child support if I have not received the divorce decree/child support papers?

I'm not sure if my ex is lying about the amount I owe and is just trying to get more out of me before I get the papers. She states the judge gave her the amount she requested (an insane amount) because I was not at the divorce hearing, however I am active duty military and stationed in another... Read more »

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