Frequently Asked Questions

Every case is different and the costs can vary as much of the individual facts of the case vary – in very simple cases, it could be as low as $1,500 or in very complicated, highly contested cases it can be tens of thousands of dollars.The biggest variable in that equation is how contested is the case – multiple court hearings, failure to cooperate to try to resolve issues, or the need to go to trial for a judge to make the final decision all adds to the costs to both parties.

The first step is drafting the initial court pleadings, filing the pleadings, and serving the other party.It may be necessary to have a hearing relatively early in the process to get a temporary parenting plan, child support, spousal support, restraining order, determine who may reside in the house, or other issues.In some cases it’s appropriate to appoint a Guardian ad Litem (GAL) to do an independent investigation and report to the court regarding the children.The next step is gathering and sharing information – getting information from the other party may be done simply and informally or may involve the formal discovery process.After each side has all the information they need to evaluate the case, negotiation typically begin to try to settle the case and if that fails, then the parties will go to mediation to try settle with the help of a mediator.And if that fails, then the case will need to go to trial to have a judge decide all of the issues.

There is a minimum 90 day waiting period in every divorce, but that rarely is an issue, as it typically takes longer than that to resolve in all but simple cases.Cases may be completed in four to six months or they may go on for over two years.The average is around a year to resolve.As with many considerations in these cases, factors that can lead to greater delays include more complicated factual issues, greater than average animosity and contention between the parties, or delays in gathering all necessary information.In addition, if a GAL is appointed, that almost inevitably adds months to process to wait for that process to be completed.

Not necessarily.Most family law cases are settled before trial, either through negotiations or mediation, so only a relatively small percentage of cases need to go to trial.But in some situations where the parties cannot agree even after mediation, it’s necessary to go to trial to let a judge decide the case.Trials are expensive, time consuming, and often very emotion, so best to avoid trials whenever possible.

First of all, don’t expect a trial to be like it’s portrayed in movies and on TV – a real trial is not nearly as exciting or dramatic as it is in movies.Both sides question witnesses, present evidence, and make arguments to the judge.Trials can take as little as half a day in very simple cases to a week or longer in complicated cases.Trial are expensive, since we’ll be in court for all or most of each day and there’s a great deal of preparation needed to present your case persuasively to the judge.Usually we don’t get a decision from the judge at the conclusion of the case – we typically need to wait a few weeks to get the decision.

Mediation is a dispute resolution process where the parties and attorneys meet with a mediator (typically remotely via computer), who is usually an experienced family law attorney, to try to settle the case and resolve the issues. The mediator does not have the authority to decide the case, but rather works with the parties to reach compromises to try to settle and resolve their disputes. Mediation (or some other form of dispute resolution) is required in all family law cases before going to trial. Mediations are typically successful in settling cases, which is one reason why only a small percentage of family law cases end up in a trial.

It’s best to schedule mediation after the parties have exchanged all necessary information so that all issues are fully addressed during mediation.

Not necessarily.While 50/50 property divisions are fairly common they are not automatic.There are several factors that are looked to that can slide the division one way or the other, including each party’s separate property, the party’s relative income or income potential, each party’s age and health, etc.In some cases, the factors that could favor disproportionate property division may give rise to spousal support instead.

Community property is most property acquired during the marriage.Separate property is property that either party owned prior to the marriage, property acquired during the marriage by way of gift or inheritance, or the proceeds from separate property.Property can be converted from separate to community in certain circumstances if it’s not fully segregated from other community property.The court has broad discretion to divide all property, but in the vast majority of cases, each party will keep their separate property.

In Washington, alimony is referred to as spousal support.Spousal support is not always awarded, either on a temporary basis after a hearing or longer term ordered in the final orders.The standard for deciding whether or not spousal support is appropriate is the need and ability to pay test – one spouse has the need for the payments and the other spouse has the ability to pay that.The amount and duration of spousal support is based on many factors, including property division amounts, the length of the marriage, and each party’s work history and future prospects.

First of all, in Washington, the term “custody” isn’t used – that makes it sound to much like the children are property to be owned by one of the parents.Instead, the court enters a parenting plan that addresses the major issues relating to the children, including their residential schedule (who they spend time with and on what schedule), any basis for any limitations on either parent, decision making, transportation, and many other potential issues.The overriding consideration in deciding the terms of the Parenting Plan is what is the best interests of the children.

Equal 50/50 residential time with the children is not the norm.Typically, the children reside primarily with one parent during the week and the children reside with the other parent other times.

In some cases where there are serious allegations about one or both parents, such as neglect, abuse, substance abuse, mental illness, or other issues, the court will appoint a Guardian ad Litem (GAL) to do an investigation.(Some counties use different terminology, but the process is the same.)A GAL does an impartial investigation, interviewing all parties and reviewing documentation to prepare a report with the GAL’s recommendations for terms of the final parenting plan.A GAL report can take six months to over a year to complete and costs $3,000 to $5,000 or more to complete.Since the GAL’s report is an independent process, the court give the GAL’s recommendations a great deal of weight, but it is possible to convince a judge not to follow some or all of the GAL’s recommendations in some cases

Calculating child support is a relatively simple process.Once both parents’ income is determined, there is a formula for setting child support based upon the parties’ relative net income.If the court finds that one or the other parent is voluntarily unemployed or underemployed (earning less than he or she is capable of earning), the court may set child support based upon what that parent could or should earn.The court does have the discretion to increase or decrease the child support from the standard calculations, but in most cases the standard calculations are used.

Family law cases can be difficult, complicated and time consuming – and most importantly, address important, life altering events and decisions.There are mandatory forms available for use in family law that can be filled out without an attorney, but successfully navigating a family law case involves much more than filling out the proper forms.A professional, experienced attorney can help assure that you get a fair outcome to your family law case.When I talk with someone who is considering handling anything but the most simple case themself, I frequently ask if they hire professionals for other important issues in their life – for example, if you have a toothache do you try to pull it yourself or do you go to a dentist?For the same reason people go to their dentist, most people should seek legal advice

Some attorneys utilize a highly adversarial approach to all or most cases.While that may be needed in some cases, my approach is to try to limit the adversarial aspects of cases and do things the “easy way”.That’s generally not as emotionally draining for clients and typically requires less work and thereby a lower cost to clients.But if circumstances make it necessary to take a more adversarial, hard line approach, I’m comfortable and experienced in doing it that way.

There are rules for the distribution of a person’s property if they die without a will and in many cases that may be the same as what the person would have wanted.Having a will you are assured that your property goes to whom you desire.Wills can also address other issues, such as naming the PR for your estate, trusts for minors or to lessen estate taxes, and other issues.

As long as you’re mentally competent, you can change your will as often as you like.My typical advice is to include terms that you want to be followed immediately if you were to die on the way home from signing it or that would still be good if you lived to be over a hundred years old (subject to whatever changes in your life that may occur that may cause you to want to make changes).

Any time that there’s been a significant change in your life is a good time to consider making changes to your will.This can include getting divorced, the birth of new children or grandchildren, or substantial increase in the value of your assets.It’s a good idea to take the copy of your will out once a year or so to read it to make sure it’s still what you want.

A living trust is a document where you transfer all of your assets into a trust and no longer own any assets yourself.For the most part, I’m not a proponent of using a living trust for your primary estate planning.Living trusts are more expensive and are more complicated for you in your day to day life.You will also still need a backup will in case some assets don’t make it into the trust.You can deal with all the same issues with trusts in a will as you can in a living trust.A living trust avoids the need for a probate, but in Washington probates are relatively straightforward and not overly expensive and cost savings doesn’t often outweigh the cost of the living trust and other related costs.(If we lived in a state where probates are more complicated and expensive, such as California, where probates are dramatically more expensive, I’d likely have a much different opinion of living trusts.)Living trust proponents argue that there’s more privacy than with a will, that’s accessible by anyone once it’s in the court file – while that may be true, but as a practical matter, unless you’re a celebrity of some kind, it’s not likely that any strangers will care enough about what’s in your will to look it up in the court file

The cost of the estate planning depends on the situation and what documents you need for your circumstances.After discussing your situation and determining what documents are necessary, I’ll quote you the cost of your particular set of documents.

No.A Power of Attorney does not affect your right to make decisions that affect your life – it gives the authority to make those decisions to someone to act on your behalf, but doesn’t affect your rights.

In some cases you can get by a short term disability without a DPA and without a problem.But the longer the disability lasts the more likely you will need someone with the authority to make medical decisions or deal with financial issues.In that case, it may be necessary to start a Guardianship for you, which can be expensive, time consuming, and will require Court oversight and approval – all of which can be avoided by having a DPA.

Maybe.In some limited situations a Guardianship may be needed even if someone has a valid DPA, but this is usually limited to situations where the person is making imprudent decision about his personal care or finances and needs to be protected from his or her own bad decisions

The probate process starts with filing with the Court a petition to admit the will and other initial documents, the will, and a copy of the death certificate.Once the initial documents are filed, there will be a hearing for the entry of the Orders to admit the will and appoint the executor/personal representative (PR).A document called Letters Testamentary or Letters of Administration are issued by the Court Clerk, and that is the document that proves that the PR has the authority to act for the estate.The PR’s job is to gather all the assets and, with the help of the estate attorney, ensure that all valid creditors are paid and that all assets are properly distributed.

At the same time that the estate is opened with the Court, a Notice to Creditors is filed with the Court. This will also need to be published in a local newspaper and a copy sent to all known creditors. This Notice gives creditors four months to formally file a claim or they forever lose their rights to do so and they are no longer able to collect.

With the four month time for creditor’s claims, an estate cannot be settled and closed until after that time has expired.Barring any complications in identifying or gathering estate assets, or in locating heirs, modest size estates can be completed within one to four months after the creditor’s claim deadline passes.In larger estates when it’s more complicated to identify, value and gather assets, if there are issues with taxes, or estates with other complicating issues, settling an estate may take longer.

Attorney’s fees for a relatively simple probate may be as little as $2,000-$3,000, plus about $500 for court costs, publication of the notice to creditors, and other out of pocket expenses (additional costs if one or more property deed needs to be recorded with the County).Complications with the process or other things that require more time for the attorney will increase these fees.

Estate disputes can involve a wide range of different situations and these types of cases are very fact specific.It may involve questions about the validity of a will – if it was executed properly, if the decedent was mentally competent to sign the will, or if someone unduly influenced the decedent to leave them more in the will.Estate disputes may involve someone potentially taking advantage of someone before their death.Or it may involve questions about whether the PR is acting properly.These are a few examples and not a complete list of potential estate disputes.If you feel you may have a claim, you should contact an attorney to discuss the situation and if an action is started against you, you should obtain an attorney to defend you against that claim.

The guardianship process begins with someone filing a petition and other paperwork with the court asking that a guardian be appointed for a minor or an allegedly incapacitated adult.The petition may request the appointment of a guardian of the person (to deal with personal care issues), the estate (to deal with financial issues), or both.The court may appoint a GAL to investigate to determine if a guardianship is needed and if so who is the appropriate person to be appointed.After the GAL’s report is filed, there is typically a hearing to sign the final order appointing a guardian, but in some fairly rare cases where there is an unresolved dispute, the case will need to a trial for a judge to decide the questions.After the guardianship order is entered, there are certain documents that will need to be filed with the court at the start of the case.In addition, the guardian will need to file regular reports with the court every one, two, or three years (depending on the court order), to report on the guardian’s actions and asking the court to approve prior and upcoming actions by the guardian.

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