Strategic Approach, Optimistic Outcomes In Family Law
Each couple preparing for divorce in Washington has unique circumstances. Every household is different, and every family has specific issues to address. Some people eventually decide to divorce because of a spouse's mental health challenges. Perhaps a loved one's...
Deferred compensation can be a stumbling block for successful professionals preparing for divorce. Stock options or equity options give executives and other well-compensated employees a potential interest in the company that hires them. After meeting certain...
When you're divorced and have children, whether they are grown or young, if you want to see them on every holiday, you can. But you will have to do some work. Coordination with your ex for family dinners and holidays It's familiar territory to see a big family dinner...
Largely, the same thing that would happen to any piece of property: it would undergo the rigors of asset division. There are several factors that will determine how the intellectual property (IP) will weather the process, but intellectual property is still property...
The choice to homeschool your child is often a difficult one to make. It could be a cost-saving choice, such as homeschooling rather than paying for private school in the face of an underperforming public school system. It could be a personal choice, wanting a greater...
It often takes time and extensive negotiations to reach a custody arrangement when parents separate or divorce in Washington. Either the parents themselves or the courts invest significant time and energy into the creation of parenting arrangements that focus on the best interests of the children. Both parents then have an obligation to comply with the current custody order. Eventually, parents may want to make adjustments to their current living and custody circumstances. Some of those changes are more likely than others to require a formal modification of the custody order. In some cases, parents have to go back to court. A relocation or substantial move is one of the scenarios that may warrant going back to family court to alter custody arrangements as necessary. When does the parent need to formally change a custody order because they intend to move? When the relocation is a significant distance If someone moves from the marital home to an apartment nearby, that may not have much impact on the children or their relationship with the other parent. As such, prior approval for local moves is typically not necessary. However, if the parent whose address is the primary residence of the children decides […]
Parental kidnapping is when a parent takes their child to a new location permanently in spite of their custody agreement or visitation rights. Technically, there is no crime called “parental kidnapping” in Washington, but rather “custodial interference.” It’s important to understand the risk factors of parental kidnapping, as well as your recourse in Washington. How likely is parental kidnapping? For parents experiencing the agony of a custody dispute, custodial interference is a major fear, but it isn’t very likely. Nationwide, of the missing children reported to the National Center for Missing and Exploited Children, only 4.5% were the victims of parental or family abductions. Of the total population of children in the US, that comes out to a rate of less than .002%. The general risk of this is, therefore low, but the risk factors are well known: Criminal records Strong ties to a different community or state Few communal or work ties to the area Has recently ordered new vital documents for themselves and the children Parental abduction is a criminal violation. These are serious issues that the authorities would pursue aggressively. What can you do? If you suspect that your co-parent is considering moving away with the children […]
Your digital footprints can reveal a lot about your life. If you scroll through the settings on your phone, you may find a growing digital trail of breadcrumbs. Even the most tech-savvy can miss something on their phone that can be utilized as evidence in a divorce or custody case. Here are a few of the major types of digital evidence and how opposing parties can use them against you: Location Tagging Location tagging, often enabled by default on smartphones and social media apps, can provide a detailed account of one’s whereabouts. This is obviously an issue if there are concerns on one side about infidelity, as location tracking can easily build a picture of the people you interact with. However, location tagging can say just as much about where you aren’t as where you are. If there is significant location history of you being out of state or not in attendance at important events for you children, it could impact your custody questions. Photos Photos, especially those shared on social media, can be a treasure trove of information in divorce cases. They can provide context, timelines, and sometimes even evidence of undisclosed assets or relationships. One major factor that […]
Individuals who are contemplating divorce generally need to feel comfortable with the process before they are ready to file the initial divorce paperwork. People may plan for months before they finally file paperwork with the courts and serve their spouses. Part of the planning process entails reviewing the marital estate. Spouses need to determine what resources are separate property that they can retain after divorce. They may count on their separate property as the foundation for living independently after initiating the divorce process. Sadly, people often misunderstand what resources are actually their separate property. Many people start new bank accounts and set aside resources to cover their cost-of-living expenses after the initial separation. Yet, even when only one spouse’s name is on the account, the contents of the account are probably still marital property during a Washington divorce. The difference between marital and separate property Washington’s property division laws require that spouses divide their marital estate with each other as marital or community property. When the courts review the inventory of resources and debts from the marriage, the name on ownership documents is not the key deciding factor. Instead, the most important consideration in many cases is whether people used […]
Couples who intend to spend their lives together but don’t want to marry should consider a cohabitation agreement. These agreements are similar to marriage contracts and prenuptials. They outline the rights and responsibilities of both people during the relationship, and provide guidelines for separation. As is the case with all legal documents, it’s wise to have a lawyer draft or review your cohabitation agreement. They’ll ensure your agreement adheres to contract laws in Washington. Any contract drafted without legal assistance may be voided by a judge during a civil case. Lawyers can easily dissect a contract that was drafted by a layperson, as those documents tend to contain several legal errors. This can create significant complications during a breakup, such as asset loss and financial instability. Envision Law’s cohabitation agreement attorneys have years of experience in contract law. Using this knowledge, they’ll draft a fair and valid cohabitation agreement for you and your partner. Click the button below to contact us today! Learn more about what cohabitation agreements are, who should get them, and get the answer to a few frequently asked questions on this subject: Yours, mine and ours are a lot harder to determine after a few decades […]