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Washington Divorce Questions & Answers
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, 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?

John Michael Frick
John Michael Frick
answered on Jan 23, 2024

If you are only looking for a divorce lawyer, I wonder why you have included unrelated areas of practice in your question (Civil Rights, Medical Malpractice, and Military Law).

Finding a divorce lawyer should not be that difficult, particularly in a high demand area. There tend to be a...
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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 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

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, Immigration Law and Family Law for Washington on
Q: I have a couple questions I was wondering if you could help with:

1- If a legal permanent resident of the United States who is married to a US citizen moves out of the country permanently do they need to notify USCIS? And do they need to abandon their residency if they do not plan to return? Also, if they don’t notify USCIS, should their spouse do it, and could... 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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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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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 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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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 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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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.

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