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Washington Divorce Questions & Answers
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... View More

Ali Shahrestani,
Ali Shahrestani,
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 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,
Ali Shahrestani,
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... View 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... View More

Regina Irene Edwards
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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... View 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... View 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
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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... View 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
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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... View 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
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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... View 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... View 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... View 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... View 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... View 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... View 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).... View 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... View 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... View 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... View 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... View More

1 Answer | Asked in Divorce for Washington on
Q: I was divorced 6 years ago. I retired this month now my ex wife's lawyer wants me to sign a QDRO. Is this legal
Marjorie Simmons
Marjorie Simmons
answered on Jul 6, 2016

Yes, however, the retirement plan's rules will have a great deal of bearing on whether or not a post-retirement QDRO can affect your benefits. The QDRO should have been done at divorce, but later QDROs are often accepted by some plans.

1 Answer | Asked in Divorce and Family Law for Washington on
Q: Can my husband lay claim to a child that is not his if we have been separated for over a year?

My 28 year old husband had an affair with a 16 year old 1 1/2 years ago! We've been separated since, and he has been in a relationship with her since! I started dating about 8 months ago, and am currently expecting a child with another man! He threatened that if I try to push him into divorce,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 26, 2015

He can claim, but DNA testing will easily prove his claim to be false.

1 Answer | Asked in Divorce for Washington on
Q: Can I get divorced if my husband is in Mexico and can't come here and me and my kids just moved back to wa state ?

We have been living in Mexico for the last 3 years and just moved back to wa state due to domestic violence with my husband . My husband was deported and cannot enter the u.s. And will not sign the papers. Can I get divorced? Also we've been back for 2 months, will the court here accept my case?

Spencer Richard McMullen
Spencer Richard McMullen
answered on Aug 2, 2014

The court will most likely accept your case if you meet the residency time limits for your state. As far as serving the other party in Mexico, treaties between the U.S. and individual countries or international agreements such as the “Hague Convention on Service Abroad” and the... View More

1 Answer | Asked in Divorce for Washington on
Q: How long is the waiting period after filing
Cheryl L Van Ackeren
Cheryl L Van Ackeren
answered on May 17, 2014

After filing the petition for dissolution, Washington state requires you to wait 90 days.

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