IF WE HAVE BEEN LIVING SEPARATELY, ARE WE LEGALLY SEPARATED? No. You are “de facto” separated if you have been living separate and apart with no intent to resume the marital relationship. You are not legally separated until and unless
HOW HAS COVID-19 IMPACTED FAMILY LAW CASES?
During Covid-19, Family Law hearings were primarily limited to emergency matters and then moved to video hearings on the Zoom platform. When parties agree, hearings can also be scheduled to be ‘heard’ without oral argument. Family law hearings in King
WHEN WILL MY CASE BE COMPLETED?
AN ORDER SETTING CASE SCHEDULE is provided by the Clerk of Courts when a case is filed in King County. It provides a trial date, the name of an assigned trial judge, and deadlines for actions required between filing and
HOW DO I START MY CASE?
FAMILY LAW FORMS are available on-line, by searching Washington Courts, selecting Forms, and then clicking on the type of case you have. There are standard forms for most types of family law cases. You can download each of the forms
WHAT IF I AM A GRANDPARENT OR OTHER NON-PARENT TAKING CARE OF A CHILD OR WANTING TO SEE A CHILD AND THE PARENTS WILL NOT LET ME?
You may be able to file a Non-Parental Custody Petition to establish custody and request child support from either/both parent(s), depending upon the circumstances. Starting in 2021, Non-Parental Custody Petitions will be replaced by Petitions for Legal Guardianship. (RCW 11.130.190)
WHAT IF THE PARENTING PLAN ENTERED DURING THE DIVORCE BECOMES UNWORKABLE?
The basic presumption is that the court shall not modify a Final Parenting Plan – which is why you want to make certain you are satisfied with the written terms in a Final Parenting Plan, but there are exceptions. A
WHAT HAPPENS IF MY EX-SPOUSE WANTS TO MOVE OUR CHILD(REN)?
The parent seeking relocation of the children out of the school district is required to give written notice to the other parent. A summary of the relocation laws are contained in the Parenting Plan form. Relocation may mean a move
IF I HAVE LOST MY JOB, MY EX-SPOUSE HAS REMARRIED OR SOMETHING ELSE HAS CHANGED, WHAT CAN I DO?
You can file a Petition to Modify Child Support if there has been a significant change of circumstances, even if the Order was adjusted within the last two years. This process is a bit more complex and longer than the
IF I HAVE AN ORDER OF CHILD SUPPORT FROM YEARS BACK, HOW CAN I UPDATE IT?
Most Orders of Child Support include an Adjustment paragraph. Even if that paragraph simply says “per statute” the law allows for child support to be adjusted every two years by filing a Motion to Adjust Child Support in Family Court.
WHAT HAPPENS IF I GET STATE AID FOR MYSELF AND MY CHILD?
The State will take action to collect child support from the other parent. In effect, the State wants to be reimbursed for that State Aid. Both parents are financially responsible for their child.