Our firm can assist you with whatever divorce-related issues you are currently dealing with, including those involving child custody, child support, spousal maintenance/alimony, property division, and visitation rights. Whether you have already gone through a divorce and need to consider a post judgment modification or are in the early stages of determining whether you and your spouse should separate, we can offer you much-needed guidance and information to make the right choice about your case.

Though many family law matters are related to divorce, we are also highly experienced in the myriad of other issues related to husbands and wives, domestic partners, and families. We handle cases involving fathers' rights in regard to custody and visitation and also assist clients in obtaining restraining orders and dealing with situations involving domestic violence or abuse.

When going through a divorce or facing any type of family law matter, it is easy to feel lost. This is a legal situation, and the outcome will affect you and your family for many years - if not for life. We are here to help. We understand what you are going through and how difficult it can be to manage any family law matter, and that is why we offer personal attention and knowledgeable, experienced legal representation to each and every one of our client at John L. Davis PLLC.

Consult a Family Lawyer Today

No matter what type of family law matter you are trying to deal with, you will be better off with valuable information and guidance from a lawyer with experience in these matters. Even if it is to simply get a clearer picture of what to expect or to determine whether you are in need of legal counsel in the first place, we highly recommend consulting with a family lawyer as soon as possible.

The process of an average Divorce:

STEP ONE: FILING OF PETITION/RESPONSE
Purpose: To get the process started.

Washington is a “no-fault” state. This means that either spouse may file a divorce without proving someone is at fault (i.e. cheating, physical violence, etc.). Thus, in order to start a divorce, one party simply files a Petition for Dissolution.

After the petition is filed, the party who filed it must serve the other side with the papers in order to notify them that a divorce proceeding has been filed. I highly recommend that prior to serving the divorce papers, you notify the other side. Divorce is difficult enough. If there is any room for courtesy, apply it.

After the other side receives the papers, they generally have twenty days to respond to the Petition by filing a Response. If they do not file a response within twenty days, the person who filed the Petition (called the Petitioner), may request a default judgment. In this case, they will
generally receive everything they ask for in their papers. (with some exceptions which you must discuss with an attorney).

In Washington, a decree of dissolution is entered no earlier than ninety days after filing. Why ninety days? This is the waiting period created by the Legislature to encourage reconciliation. It is also a period where you can obtain all the financial information you need before entering into an agreement. Obviously, if you can get divorced as quickly as you can get married, our society would have greater problems than it already does.

Filing and serving divorce papers is the first step. It is by far not the last step. To get a decree of dissolution, you must keep going.

STEP TWO: GETTING TEMPORARY ORDERS and Restraining order provisions
Purpose: To have a sense of peace and order by having temporary orders in writing pending the decree of dissolution.

Because it takes ninety days (or longer) to obtain a Judgment, in the interim, some logistics must be sorted out. For example: Who stays in the house? Who pays for the mortgage? If you are the supported spouse, will you get your living expenses paid for? What about spousal support? If you have children, who has custodial rights? What about child support?

You may also need temporary restraining orders put in place. They apply to both the PETITIONER and the RESPONDENT. Some examples of TRO’s are the following: 1) cannot remove minor children out of state; 2) cannot take benefited party off of insurance; 3) cannot transfer,
convey, encumber, or conceal property. The purpose of TRO’s, amongst other things, is to prevent angry parties from absconding with the children out of malice, and to waste away all community assets in order to spite the other side.

Because your questions need immediate answers, it is wise to get an immediate court date in order to resolve these issues. You get a court date by filing an motion for temporary orders, and can resolve issues of Child Custody/Visitation, Child Support, Spousal Support/maintenance, Attorneys’ Fees, restraining order provisions, etc., pending the issuance of a decree of dissolution.

Filing a motion for temporary orders does not mean you are trigger-happy, and immediately racing to court to win. Remember: At all stages of divorce, you always have the option to reach an agreement with the other side. You are always in control of whether
you want to go to court or not. Usually, if you reach an agreement, you can file it with the Court. Usually, the Judge will agree with you, and even commend you for settling. There are certain exceptions, of course. For example, in Washington, you can never totally take away the Court’s power to rule on child support.

It is always a good idea to file a motion for temporary orders when issues of custody/visitation and support arise. Again, it takes ninety days or longer to obtain a decree. In the meantime, both parties should desire temporary orders for peace of mind.

Of course, if both parties have been separated for a long period of time, and are self-supporting, and have no children, there may not be any issues to be resolved pending the decree. In this case, you may opt to forgo the motion for temporary orders and possibly the restraining order provisions.

Although the orders obtained through use of a motion for temporary orders are temporary orders, in some cases, they may end up being the permanent orders incorporated into the Judgment. This is especially true in custody cases, because “status quo” is favored, and the
longer a “temporary order” stays in place, the firmer a “status quo” arrangement becomes. It is essential to understand the important role of an motion for temporary order.

STEP THREE: DOMESTIC VIOLENCE RESTRAINING ORDERS
Purpose: In a high-conflict divorce and custody case, to protect the partiesand children involved.

Unfortunately, sometimes, before or after after a divorce or custody case is filed, someone gets angry and becomes physically or emotionally violent. This is particularly troublesome if there are minor children involved. In order to protect yourself, it may be vital to obtain a temporary restraining order against the other side.

In Washington, there is a rebuttable presumption that an award of custody to a perpetrator of domestic violence is detrimental to the best interests of the child. RCW 26.09.191. Because of the weight this carries, restraining orders are often abused in custody cases. It is essential to immediately consult with a competent family attorney if you are experiencing domestic violence in your case or are the person wrongly accused of domestic violence.

STEP FOUR: DISCLOSURES OF FINANCES
Purpose: To Reach a Fair Settlement or prepare for a trial , and Ensure the Settlement or trial decision Is Not Later Overturned Due to Lack of Disclosure.

Frequently in relationships, one person knows more about their finances than the other. Washington is a community property state. This generally means, all property acquired after the date of marriage, before the date of separation, except for gift and inheritance, is community property. Community property assumes the notion that even in relationships where only one spouse works, the other spouse
is contributing to the marriage by staying at home and providing domestic duties.

Sometimes, the spouse that doesn’t work stays at home and does nothing. In a community property state, that doesn’t matter. The law assumes they are contributing something. Thus, in a divorce, both parties are entitled to a portion of what was earned during the marriage. Please note that each party is not entitled to 50% as is commonly assumed. In some cases the court may award a greater percentage to one spouse than the other based on the overall finances and the financial position each party may be in after the divorce

Because of the community property laws, the law mandates that both parties must make extensive financial disclosures.

If you are the supporting spouse, you may wonder: What happens if I don’t disclose my assets? He or she does not know of my offshore bank account in the British Virgin Islands. There are several consequences to not disclosing. The Judge may overturn your agreement. The Judge may punish you by awarding the non-disclosed asset to the other side. Always disclose.


STEP FIVE: DEALING WITH CUSTODY ISSUES:
Purpose: To do what is in the best interests of the children.

Washington determines child custody based on the best interests of the child, taking into account a variety of factors that are spelled out in Washington’s statute. The problem, of course, is that many times the parents disagree as to what is best for the children. No family case is exactly like another, as every family has different issues and preferences etc. In addition to hearing from both parents and possibly other family members as well, the court may order a guardian ad litem or a family court report in deciding what is best for the children. In some cases the parties may also hire independent parenting plan evaluators. All this with the hope of dealing with child custody issues, including visitation, living arrangements, parental decision-making regarding education, religion, and medical care, and financial considerations.

STEP SIX: REACHING AN AGREEMENT OR PREPARING FOR TRIAL
Purpose: To Get the Decree of Dissolution Finalizing your Divorce Case

After disclosures have been completed, it is time to start negotiating settlement. For example, who will keep the house? How much support will you pay? And for how long? Who will have the children for Christmas or Hannukah this year? Who will have the children for summer and spring breaks?

Because both of you have completed full and thorough disclosures, you are both now in a good position to discuss settlement. It is a good idea at this time to simultaneous request the court for a trial date. I do this for my clients because with a looming trial date, both parties are more eager to resolve the case. In addition, if settlement discussions fall apart, there is already a trial date set in the future, so as not to delay the dissolution. Especially in light of the fact that many of our local courts are scheduling trials 3-6 months out or longer.

If you reach an agreement, you can file agreed orders memorializing your agreement. If not, you are ready to proceed to trial.

Of course, in divorce cases, nothing is final. You may always file for Modification of the parenting plan or child support, but there are legal standards you must meet before the court will allow such a proceeding to continue.

Vancouver Washington Attorneys At Law