| Vancouver Divorce and Family Law Attorneys 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 clients.
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.
Divorce, Family Law, Child Custody and Support FAQ
At John L. Davis PLLC, we are here to answer any questions you have about your divorce or family law concerns. To sit down
with John to learn more about any of the following questions, contact John davis at our Vancouver Washington office.
What Do I Have To Show to Get A Divorce?
Washington is a “no fault state.” In other words, you do not need to state any specific reason why you want a divorce, nor
does your spouse have to agree to a divorce.
How Long Will It Take to Get A Divorce?
Once the divorce petition and other documents have been served on the other party, you need only wait 90 days if you and your
spouse agree on all issues. Even if you and your spouse do not agree to all terms in the beginning, John has been successful in settling the vast majority
of our clients’ cases. John commits himself to settling your case if the issues can be settled in your best interests.
If you and your spouse cannot agree on all issues, the only other way to obtain a divorce is through a trial. Most trials in
divorce cases generally last about less than a day. In such event, the judge makes all decisions (there is no jury in divorce cases). How long it takes
to get to trial depends upon the complexity of your case and how backed up the judge is.
John L. Davis PLLC, is committed to expedite your case if possible and to conclude the proceedings for you as soon as possible
so that you can get on with your life.
How Much Will It Cost?
The total fees and costs in divorce proceedings vary greatly depending upon a number of factors. If you and your spouse agree
to most or all terms, the fees and costs will be minimal. It is our belief that no matter how simple the divorce, it is always in your best interests
to consult with an attorney. This does not mean that you cannot do your divorce yourself. However, many people who do not consult with attorneys may
leave out certain very important provisions that can come back to haunt them later on, and cost them a great deal. A little “preventive medicine” may
save you a lot of headaches in the future. John L. Davis, is committed to providing its clients with quality representation at an affordable cost. Find
out more about our fee structure call us today.
Should I Consult With An Attorney Before I Move Out Or File For Divorce?
If possible, it is always in your best interests to consult with a family law attorney before you move out of your residence
or file for divorce, even if you decide to represent yourself. What happens early on in a case may turn out to be very important. Each case is different,
and many of our clients have special circumstances. Again, some “preventive medicine” may save you a lot of heartache and headaches in the future.
Should I Just Fill The Forms Out Myself?
In many cases, especially ones that are uncontested, you may be able to represent yourself. The Washington state courts have
family law and other forms available online at www.courts.wa.gov/forms/. You can obtain a family information packet from the courthouse.
The forms online are free of charge. If you have questions regarding your forms, you can simply schedule a ½ or 1-hour conference
with our firm or another family law attorney and make sure you get the best advice.
As we have stated, we highly recommend that you at least consult with an attorney. A little bit of preventive medicine may
save you a lot of money, heartache and headaches. Contact John L. Davis PLLC, today
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.
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