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Tatyana A Gidirimski

Tatyana Gidirimski’s Answers

13 total


  • Divorces and Retirement assets - how are they split in community property states?

    Wife was a student through bulk of marriage and didn't save...I had my ROTH IRAs and 401K going prior to marriage and kept going throughout. No kids, no house - married 2.25 years and currently separated. Are all the funds added to the retiremen...

    Tatyana’s Answer

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    The short answer is yes. As a general rule, your contributions during the marriage plus any increase in value thereon are community property. Anything contributed before the marriage and after the separation is separate property. A CPA can determine exactly what portion of a retirement account is separate and what is community.

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  • Is spousal abandonment against the law?

    My wife has abandond our marriage to be with another guy over a year ago. I have filed for divorce and she is refusing to sign or reply to the petition.

    Tatyana’s Answer

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    No, it is not illegal to abandon a spouse -- at least not in an absence of a court order requiring support etc. In your case, you should set forth the relief you are requesting in the petition in as much detail as possible and then file a motion for an order of default and default judgment if she does not answer the petition within the time required.

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  • My ex is now wanting to withdrawl the petition to slow things down.

    She filed in November and we've already had our initial hearing that everything was uncontested and there was no financial needs requested, but now she is upset with me and wanting to screw me over. What can i do to protect myself? I can't affor...

    Tatyana’s Answer

    If you and your wife cannot agree on the final terms of your divorce, you have to go to trial to have the judge decide it. You could (and in some counties have to under local family law court rules) try mediation before going to trial. In mediation a neutral third party will help you come to a compromise. Mediation is not binding, however, so if your wife is set on being unreasonable, the mediator cannot force her to agree to anything. So, unfortunately, there is no way to get the marriage dissolved ASAP before trial unless both sides agree.

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  • Can I file for a hearing without having to notify the absent party?

    I have been trying to locate my estranged wife and my son for over two years now to serve her with divorce paperwork. Her friends and family are helping her to hide, is there anything I can file with the courts to hold her in contempt or something...

    Tatyana’s Answer

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    Carefully review RCW 4.48.100 (dealing with service by publication). You have to file an affidavit with the court explaining that the action is for dissolution of marriage and showing the attempts you have made to locate your wife and serve her personally. Note that under Washington Court Civil Rule 4(d)(4), if you qualify to serve your wife by publication, you may also qualify to have her served by mail at her last known address. In either case, make sure that your Petition sets forth in detail the relief you request from the court -- this will enable you to later obtain a default judgment.

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  • How can someone living in the U. S. get a divorce from a spouse in Guatemala?

    I have a friend who has a boy friend who is married to a women in Guatemala. He is a naturalized citizen and desires to get a divorce from the women in Guatemala so he can marry my friend here. Is there and easy way for him to get a divorce?

    Tatyana’s Answer

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    Assuming that by "easy" you mean "here in Washington, not in Guatemala," the answer will depend on whether the WA court would have subject-matter jurisdiction over the divorce and (if necessary) personal jurisdiction over the wife. RCW 26.09.030 provides that the court has subject-matter jurisdiction to dissolve a marriage when a party who (1) is a resident of this state (a.k.a. is "domiciled" here), or (2) is a member of the armed forces and is stationed in this state, or (3) is married or in a domestic partnership to a party who is a resident of ("domiciled in") this state or who is a member of the armed forces and is stationed in this state, petitions for a dissolution of marriage. So, if either the husband or the wife are domiciled in Washington at the time the divorce is commenced, the court will have subject matter jurisdiction to dissolve the marriage.

    Personal jurisdiction over the wife will be necessary in order to divide any property not located in this state, or to order child support or alimony (maintenance). This may be more tricky or impossible if the wife has never lived in WA and has insufficient connections with WA.

    Further, in order to proceed, it will be necessary to serve the wife with divorce papers, by one of the methods set forth in Civil Rule 4, which may be complicated if she is in Guatemala.

    Of course, all of the above simply addresses whether the husband would be able to proceed with the divorce in Washington. Even if he is able to proceed, the divorce may turn out to be complicated and drawn out, depending, as always, on the issues in dispute and the individual facts of the case.

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  • In filing my final divorce papers, is a separate property settlement agreement outside the regular court filing require?

    My husband and I both agree on everything. The final paperwork in my divorce already divides the property. What is a property settlement agreement and why to people have them? How do I know if I need one?

    Tatyana’s Answer

    A Property Settlement Agreement (PSA) is a settlement agreement in a divorce that is signed by both parties. It divides all of the parties' properties and liabilities and can address maintenance as well. A PSA is usually not filed with the court. Instead, the final papers refer to, and incorporate, the PSA. So, instead of addressing the division of property and liabilities, the Decree will simply refer to the PSA. A PSA is a must, in my view, in more complex cases, where it is simply impossible to state the full agreement in the Decree or in the exhibits to the Decree. It is also preferable because, with a PSA, the parties' financial information does not become a part of the public record.

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  • PROOF OF MERTRICIOUS RELATIONSHIP IN WA

    I am currently getting divorced. We were together for 6 years, but only married for 3. In the 3 years that we were living together, but NOT married, we shared the same address, the same PO box, the same utility bills, were listed on each others wi...

    Tatyana’s Answer

    Hi there. Washigton courts have listed five relevant factors to analyze when a meretricious relationship exists: (1) continuous cohabitation, (2) duration of the relationship, (3) purpose of the relationship, (4) pooling of resources and services for joint projects, and (5) the intent of the parties. These factors are neither exclusive nor hypertechnical, but are meant to reach all relevant evidence helpful in establishing whether a meretricious relationship exists. Whether relationships are properly characterized as meretricious depends upon the facts of each case. In In re Pennington, 142 Wn.2d 592, 601-602, 14 P.3d 764 (2000).

    In your case, it sounds like you were cohabitating and pooling the resources and your relationship was continuous, so it appears that at least some of the Pennington factors are met.

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  • Trial with no attorney

    I have an upcoming trial as other party had been very difficult and uncooperative to come to an agreement and other party also doesn't retain an attorney. I am really broke emotionally and financially. I have applied for loan to retain my attor...

    Tatyana’s Answer

    Hi there. Consider getting a consultation with an attorney before diving into your trial. They will be able to explain the process to you and highlight any critical issues. Don't wait until the last moment to get a consultation because there are multiple pretrial deadlines that must be met ahead of time (take a look at the case schedule that you received from the clerk at the time the petition was filed to see what some of these deadlines are.)

    Once the trial is over, the length of time before the divorce is finalized will depend on the judge. The judge may sign and enter all the final papers on the last day of the trial, or may take a week or so to make a decision.

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  • What's the best option to keep an ex-spouse off of my property?

    My house has a mother-in-law unit that my ex-mother-in-law used to live in. Because she still has some property there and she and I have a separate property issue to settle, I haven't changed the locks. Unfortunately, she has given her daughter (m...

    Tatyana’s Answer

    The easiest thing to do, if course, would be to change the locks or inform your ex-mother-in-law that she is no longer welcome on your property. Then, if she or your ex show up again, you can simply call the police. If your ex-mother-in-law has a legal (e.g., contractual) right to be there, then it would seem that she has a right to invite her daughter (your ex) to come over and visit. With regards to having your kids there, you absolutely have a right to prevent them from visiting your ex-mother-in-law during your residential time. If your ex's presence interferes with your time with your kids, you may have grounds for a motion for contempt, or, if her actions do not amount to bad faith, you can invoke the alternative dispute resolution provisions in the parenting plan (mediation or arbitration) and try to have the problem resolved that way.

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  • Will I be penalized in the long run if he starts separation proceedings first?

    My husband has decided that he wants to separate. We live in Washington State and have a child and house together. I have a full time job and retirement account. He has not worked in over a year but has a small income from being a musician. Ot...

    Tatyana’s Answer

    You do not need to physically separate if you are filing for legal sepaparion. And, even if he files for separation first, you can still file a motion for temporary orders asking that he vacate the family residence. Whether the court would grant this motion will depend on many factors, such as who will be the primary residential parent, the parties' financial circumstances, etc.

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