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Washington Divorce Questions & Answers
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
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 child...
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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 husband. The... 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
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 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 lawyer... 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 Initial...
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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 Initial... 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
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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1 Answer | Asked in Divorce for Washington on
Q: Is my wife in titled to half of my pension after only 4 years of marriage.

My wife had 4 affairs and paid off all her student loans without me knowing. Not to mention she also had a abortion without telling me.

Marjorie Simmons
Marjorie Simmons answered on Dec 18, 2017

Money earned from employment during marriage is community property in Washington, including deferred compensation like pensions and 401ks. Non-community property states often consider money earned during marriage to belong to both parties too. The part of a retirement account that is divisible at... Read more »

2 Answers | Asked in Divorce for Washington on
Q: What to do if my spouse does not want to sign divorse papers?
Marc Andrew Moses
Marc Andrew Moses answered on Sep 11, 2017

When you say that your spouse will not sign divorce papers, I will assume that you have filed for dissolution, then tried to work out a settlement that you think is fair but he/she doesn't, so she won't "join" in the petition, which is what WA state calls it when the spouse agrees with the terms of... Read more »

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1 Answer | Asked in Divorce and Domestic Violence for Washington on
Q: My husband and I are getting a divore after 3 years of marriage because he is seeing someone else. I left the house

Because he goes to see her and stays gone all not and i did not want to see him do that in front of me. Do I have a right to go back to live at the house

Jason Powers
Jason Powers answered on Sep 6, 2017

Are there any orders from the court preventing you from being in the home? If not, the likely answer is that you can go back to the house. If the house has been the family home for the three years of marriage and there is not a court order preventing you from going back you have as much right as... Read more »

2 Answers | Asked in Divorce, Personal Injury and Criminal Law for Washington on
Q: My husband burnt down our home on July 11th and I would like to divorce him . He is in jail for first degree arson
Jason Powers
Jason Powers answered on Aug 16, 2017

There is nothing to stop you. You can have the papers served to your husband if he is in custody. I am not sure your post has a specific question. In most counties there is a Family Law Facilitator with whom you can make an appointment. They will outline the process. Or, you can hire an... Read more »

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1 Answer | Asked in Criminal Law, Tax Law, Business Law and Divorce for Washington on
Q: Divorcing my spouse & we started a construction company about 25 years ago, suspect corp embezzlement by him & officers

My soon to be ex and his business partners have dissipated our business in violation of court orders, taken out and spent all the money ($300K in meals and entertainment in 2 years), casinos, trips, his secretary/girlfriend fixing her car buying her clothes, trips etc. The business is now out of... Read more »

Michelle D. Wynn
Michelle D. Wynn answered on May 3, 2017

You are likely going to need a business attorney in your area to represent you in any dealings with these creditors who are hounding you. The business attorney should be able to advise you on any potential exposure to creditors claims and defend you if any creditors attempt to collect against you... Read more »

1 Answer | Asked in Tax Law, Divorce, Family Law and Child Support for Washington on
Q: What is the best way to approach the fact that my Husband is not disclosing his actual income? Do I bring it up?

For 10 years he has said he didnt have his taxes filed, he produced fake paystubs with bank statements for different periods. He has never complied with LFLR 10. This is a post secondary support that is now a full modification and they are saying it hasnt been 2 years HELP!!! There reallly is a... Read more »

Matthew M Montoya
Matthew M Montoya answered on Feb 6, 2017

Contact a tax attorney immediately. If you are a low income taxpayer, you can go to a low income taxpayer clinic in your state.

This is very serious and shouldn't be handled by yourself.

1 Answer | Asked in Divorce, Gov & Administrative Law and Military Law for Washington on
Q: I'm in the Army and just got a divorce. When am I allowed to get married again? Is there a military law covering this?

I have heard a rumor about waiting three months and wondered if it was true.

Patrick Korody
Patrick Korody answered on Feb 3, 2017

No wait time. You can get married immediately. You just have to make sure your personnel folks are kept in the loop about the divorce and remarriage. Problems arise if the military thinks you are married to two people at the same time.

1 Answer | Asked in Divorce for Washington on
Q: Me and my wife live in Washington state we was married 5 years ago her previous marriage her x husband filed bankruptcy

We bought a house and few other thing she could not get any credit at the time the titles of the house is in my name only and now we're going through a divorce and see liable for half the house

Brian Lehman
Brian Lehman answered on Jan 16, 2017

There are a few terms that you aren't using correctly, but that's okay since you are not a lawyer. If you are going through a divorce, you should get a lawyer. Also, In Washington, the courts will accept a fair and reasonable property division if parties agree to it. You should try above all to... Read more »

1 Answer | Asked in Divorce for Washington on
Q: How do I find out if my daughter's father is divorced from his wife ?

I got pregnant ( unknowingly ) in Dec 2013 by a man I was dating who had been separated from his wife who lives in MI, they were married in TN in 2009, he and I both reside in WA state and he is currently incarcerated here in WA. I told him I don't want anything to do with him when he gets out if... Read more »

Marjorie Simmons
Marjorie Simmons answered on Aug 25, 2016

You can search the MI courts website for case filings:

http://courts.mi.gov/opinions_orders/case_search/Pages/default.aspx

1 Answer | Asked in Divorce for Washington on
Q: If my husband and I are in agreement on a child support payment do we have to fill out the worksheet provided?

Also do we fill out the findings and conclusions about a marriage or do the courts at the of divorce?

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

If neither of you are represented by an attorney, you may find Washington Law Help (free legal information at washingtonlawhelp.org) to be informative. Washington's procedure for handling assignment of child support is governed by law (http://app.leg.wa.gov/RCW/default.aspx?cite=26.09.100). The... Read more »

1 Answer | Asked in Divorce for Washington on
Q: If my wife has filed some, but not all divorce papers, can we make amends to those already filed?

We now agree on certain provisions, and would like to change them ourselves.

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

Are either of you represented by an attorney? If not, and if your divorce is not yet final, you can modify some provisions, but you may benefit by an attorney's advice. Most Washington counties have county-wide bar associations, and most of those have websites. You can also call a local attorney to... Read more »

1 Answer | Asked in Divorce for Washington on
Q: do i need to follow Washington law for divorce case even if i was married outside of the united states?

me and my ex got separated and she filed for a divorce case in WA state and getting spouse maintenance, we don't have marriage certificate here because we were married in Egypt, she is trying to delay the divorce here as much as she can , is it possible to divorce her at my home country and file... Read more »

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

If you live in Washington, Washington law governs the dissolution of your marriage, even if you were married in another jurisdiction. This type of jurisdictional arrangement is common in most all the U.S. states. You should consult a lawyer in the place in which you live, so if you live in... Read more »

1 Answer | Asked in Divorce for Washington on
Q: How long after divorce does my ex have to initiate paperwork to transfer retirement funds from my name to hers?

Divorce was final several years ago and property settlement awards this account to her. I have reminded her via email several times that she needs to schedule appointment at bank for us to sign papers for this. Do funds eventually become mine if she takes no action?

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

Retirement funds are divided by Qualified Domestic Relations Orders (QDROs). QDROs can be done at any time as long as the retirement plan rules allow for dividing the account(s) at any time. Most plans have strict rules about the timing of account division, and most will severely limit or even... Read more »

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