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Washington Family Law Questions & Answers
0 Answers | Asked in Family Law for Washington on
Q: I need to remove my deceased spouses name from the title/deed to my home. She did not have a will.

There wasn't any probate and she died 1.5 yrs ago. I want to sell my house but I can't with her name still on it.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Washington on
Q: Attorney and social worker are keeping all positive I do from judge for CPS case(safetyplan, visit note..) what to do?

Social worker & my attorney have lied to me. For three years I ask for all documents to CPS case (discovery, visit notes, everything) they kept all from me for three years with me asking over over so I can defend my self and know what's going on. My lawyer gave me a USB drive in them mail... View More

James L. Arrasmith
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answered on Apr 12, 2024

I'm so sorry you're going through this difficult and frustrating situation with CPS, your attorney, and the social worker. It sounds like a very challenging and unfair process. Here are a few suggestions on potential steps you could take:

1. Document everything - Keep detailed...
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0 Answers | Asked in Family Law for Washington on
Q: A friend is incarcerated& asked me to send him a parenting plan for incarcerated parent I can't find wht heis lookingfor

He sent me a website but still can't find a form tht says parenting plan for incarcerated parent is there any way u could email wht I need to me for him

0 Answers | Asked in Family Law for Washington on
Q: How long does it take judge to rule on motion?

A week and a half ago my lawyer went to court on a motion asking that my husband move out of the house during the divorce proceedings. The judge still hasn’t made a ruling. Is this normal to take this long? It’s a very ugly divorce and I don’t feel safe with him in the house. We’re in... View More

0 Answers | Asked in Family Law and Child Support for Washington on
Q: Can I petition for reimbursement of long distance travel expenses?

According to RCW 26.19.080, long distance travel expenses are supposed to be “ shall be shared by the parents in the same proportion as the basic child support obligation.” However, my ex has refused to pay any portion of the travel for the past 13 years. I have receipts that total over $13,000... View More

0 Answers | Asked in Family Law and Probate for Washington on
Q: What's filed to oppose "petition to remove estate PR" & what weight does maj of all heirs opposing the petition have?

5 heirs: 1 upset, 1 neutral, and 3 (incl PR) oppose petition. Would like to know what has to be filed in response and any timeline of said response. In addition to majority of heirs, there are audio recordings of decedent specifically wishing the petitioning heir to have nothing to do with... View More

0 Answers | Asked in Family Law, Real Estate Law and Probate for Washington on
Q: i am a contingent beneficiary of a trust my grandma left in her will she says she has several life insurance policies

that the trustee is supposed to keep paying on for the term of the trust mine my moms and my brothers she is still paying my moms and brother but not mine she gave mine to my mom back in 2004 but i am now just finding this out what can i do

1 Answer | Asked in Family Law for Washington on
Q: When serving a notice of revocation of Power of Attorney for Finances is it necessary to have it notarized??

It is my sister and niece.

James L. Arrasmith
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answered on Mar 5, 2024

In most cases, a notice of revocation of Power of Attorney for Finances does not need to be notarized. However, it is generally a good idea to have the revocation notarized to add an extra layer of authenticity and to avoid potential challenges to the validity of the revocation.

When...
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1 Answer | Asked in Child Support and Family Law for Washington on
Q: Non-custodial parent will not pay court ordered child support. She has been held in contepmt twice. What else can i do?
T. Augustus Claus
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answered on Feb 15, 2024

In Washington, if the non-custodial parent has been held in contempt of court twice for not paying court-ordered child support and continues to not comply, you have several options. You can request the court to enforce the child support order through additional measures such as wage garnishment,... 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, Family Law, Immigration Law and International Law for Washington on
Q: Under what circumstances would a Costa Rican divorce decree and alimony payment request be denied in Washington State?

Does Washington State have to accept a divorce decree or alimony requests from Costa Rica?

My wife is Costa Rican. I brought her here on a marriage visa (we married in 2019) and she is now a legal permanent resident. Last October she went home to Costa Rica and didn’t come back.... View More

James L. Arrasmith
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answered on Feb 4, 2024

Washington State, like other states, generally recognizes foreign divorce decrees under the principles of comity, provided that the decree does not violate Washington State's public policy and the foreign court had proper jurisdiction over the parties. However, when it comes to enforcing or... View More

2 Answers | Asked in Divorce, Civil Rights, Military Law and Family Law for Washington on
Q: I have gone through 2 referral services and researched on my own. I've tried to contact about 6 attorneys & got 0 help.

I live in WA state. I just want a Divorce/Legal Separation attorney. Why is it so hard to do? Does anyone know who I can contact? Near Snohomish county?? Is there a reason I am brushed off?

James L. Arrasmith
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answered on Jan 22, 2024

Finding an attorney can sometimes be challenging, especially in high-demand areas like family law. If you've had difficulty securing a lawyer through referral services, consider reaching out to your local bar association in Snohomish County or the Washington State Bar Association. They often... View More

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1 Answer | Asked in Divorce, Family Law and Immigration Law for Washington on
Q: What are the responsibilities of a sponsor of a LPR of USA regarding reporting change of address?

If a legal permanent resident leaves their spouse who sponsored them to come to the United States, and moves back to their country of origin, then the couple files for divorce, does the US sponsor have the obligation to report a change of address to USCIS? The LPR spouse does not want to file a... View More

James L. Arrasmith
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answered on Dec 30, 2023

In the situation you've described, where a legal permanent resident (LPR) leaves the U.S. and moves back to their country of origin, the responsibilities of the U.S. sponsor can be quite specific. It's important to note that as a sponsor, you are generally not required to report the... View More

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: If someone serves papers to your grandma that are for you, have you been served?

You’re in a custody battle and a person serves your grandma your custody paperwork but you’re not there, does that still count as being served?

James L. Arrasmith
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answered on Dec 31, 2023

In Washington State, the rules for serving legal papers can vary depending on the specifics of the case and the type of documents being served. Generally, for service to be considered valid, it must be made directly to the person named in the documents or to someone who is legally authorized to... View More

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: Single mother trying to get sole custody

I’m a single mother to a 4 year old boy, I’ve been his primary caregiver since he was born, I take care of everything, his dad does pay child support but has subsistence abuse issues. He has 2 DUIs and has jail time coming up, his mom also has substance abuse issues and I’m concerned for the... View More

T. Augustus Claus
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answered on Dec 27, 2023

In Washington, as a single mother seeking sole custody, you have valid concerns about the safety of your 4-year-old son due to the father's substance abuse issues, two DUIs, and upcoming jail time, along with the grandmother's similar issues. To strengthen your case for sole custody,... View More

2 Answers | Asked in Divorce, Family Law, Immigration Law and International Law for Washington on
Q: If a legal permanent resident of the United States who is married to a US citizen moves out of the country permanently…

and divorces their husband, but doesn’t submit a formal abandonment of citizenship, and their spouse notifies USCIS of the divorce and LPR’s new address outside the USA, will USCIS contact them and request they abandon their residency? Or, is there a way to ask them to do so? For example, could... View More

James L. Arrasmith
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answered on Dec 10, 2023

If a legal permanent resident (LPR) of the United States, married to a U.S. citizen, moves out of the country permanently and divorces, the situation with their residency status can become complex. The act of moving out of the U.S. permanently and not maintaining a residence can be interpreted as... View More

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1 Answer | Asked in Divorce, Family Law and Immigration Law for Washington on
Q: If a legal permanent resident of the United States who is married to a US citizen moves out of the country…

and divorces their spouse, stays out of the country for several years, then meets another US citizen and moves back to the United States, can they still sue their previous spouse for maintenance based on the affidavit of support?

James L. Arrasmith
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answered on Dec 10, 2023

If a legal permanent resident (LPR) of the United States, who was married to a U.S. citizen, moves out of the country, divorces, and then returns to the U.S. with another U.S. citizen spouse, the issue of maintenance based on the affidavit of support from the first marriage can be complex.... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Washington on
Q: If a permanent resident of the United States moves to their country of origin permanently and divorces their US citizen

…spouse, are they entitled to maintenance from the affidavit of support that their spouse signed? I read the affidavit is no longer enforceable if the permanent resident leaves the USA. But what if they don’t formally abandon their residency? Can they still sue their spouse and demand monthly... View More

Roland Godfrey Ottley
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answered on Dec 9, 2023

A permanent resident married to a US citizen must notify USCIS when moving out permanently.

If they don't plan to return, formal abandonment through Form I-407 is necessary.

The I-864 affidavit becomes invalid upon permanent departure, regardless of formal abandonment....
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