Tatyana A Gidirimski’s Answers

Tatyana A Gidirimski

Bellevue Employment / Labor Attorney.

Contributor Level 5
  1. Divorces and Retirement assets - how are they split in community property states?

    Answered over 2 years ago.

    1. Tatyana A Gidirimski
    2. Frances Turean
    2 lawyer answers

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

    Answered over 2 years ago.

    1. Tatyana A Gidirimski
    2. Rand L. Koler
    3. George O. Tamblyn
    3 lawyer answers

    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...

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  3. PROOF OF MERTRICIOUS RELATIONSHIP IN WA

    Answered over 2 years ago.

    1. Tatyana A Gidirimski
    2. Rodney George Pierce
    2 lawyer answers

    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...

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  4. Is spousal abandonment against the law?

    Answered over 2 years ago.

    1. Tatyana A Gidirimski
    2. Glenn E. Tanner
    3. Paula Brown Sinclair
    3 lawyer answers

    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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  5. What forms do I need to file for an uncontested legal seperation, with children, in Washington State?

    Answered over 2 years ago.

    1. Tatyana A Gidirimski
    2. Rodney George Pierce
    3. Margaret Susan Price
    3 lawyer answers

    All forms are available on http://www.courts.wa.gov/forms/ To finalize your legal separation, you do need to prepare and have the judge sign an agreed order of child support, child support worksheets, and parenting plan, along with the decree of legal separation and findings of fact and conclusions of law. But your first step is to file a petition for legal separation. If you both agree on everything, then spell everything out in the petition and have your spouse sign a joinder. Good luck!

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  6. Trial with no attorney

    Answered over 2 years ago.

    1. Dave Hawkins
    2. Tatyana A Gidirimski
    3. Frances Turean
    4. Robert Daniel Kelly
    4 lawyer answers

    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...

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

    Answered over 2 years ago.

    1. Mark L. Alexander
    2. Howard M Lewis
    3. Tatyana A Gidirimski
    3 lawyer answers

    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...

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

    Answered over 2 years ago.

    1. Tatyana A Gidirimski
    2. Dave Hawkins
    3. Scott Kemble Wilson
    3 lawyer answers

    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...

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

    Answered over 2 years ago.

    1. Tatyana A Gidirimski
    2. Frances Turean
    2 lawyer answers

    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...

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

    Answered over 2 years ago.

    1. Tatyana A Gidirimski
    1 lawyer 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-...

    1 lawyer agreed with this answer