Boaz Weintraub’s Answers

Boaz Weintraub

Bellevue Divorce / Separation Lawyer.

Contributor Level 10
  1. Do I send my husband a copy of the divorce papers before I file them?

    Answered almost 4 years ago.

    1. Boaz Weintraub
    2. Donald Lamar Cobb
    2 lawyer answers

    In Washington state, you can start the divorce by either filing first or serving him with a copy of the summons and petition first and then filing it. However, if you serve him prior to filing, he can demand in writing that you file it within 14 days or the service will be void. In practice, most attorneys file it first, then serve the other spouse (or have the other spouse voluntarily accept service). There are various advantages to filing first which vary depending on the county you live in....

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  2. Can I motion for a modification to the divorce decree once it has been filed?

    Answered 5 months ago.

    1. Brian A Murry
    2. Boaz Weintraub
    3. Richard Carl Perry Jr.
    3 lawyer answers

    As stated, the legal action you're interested in is a motion to vacate the decree. There are several specific reasons a person may vacate. A decree will not be vacated merely on the claim of overall unfairness. One reason for vacating a decree is that a spouse was of "unsound" mind that was unknown to the court. However, that requires showing you were - due to mental illness or physical reasons - unable to clearly understand what you were signing. Being depressed, even very depressed, is...

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  3. Divorce that the other is unaware of

    Answered almost 4 years ago.

    1. Boaz Weintraub
    2. J. Richard Kulerski
    2 lawyer answers

    For her to obtain the divorce, you have to be personally served with the paperwork and proof of service must be filed with the court. If, after diligent efforts, she cannot locate you, she must obtain an order from the court allowing her to serve you by mail or publication. These latter two options are difficult to get. In the event that she manages to go through these hoops by lying to the court, she may request a divorce by default. If her initial requests in her petition are...

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  4. Legal Separation from Husband

    Answered about 6 years ago.

    1. Boaz Weintraub
    1 lawyer answer

    You can take your name off your joint credit cards or a line of credit, though any debts incurred after marriage and prior to separation are presumed to be community debts (i.e., you are responsible for 50%). You are entitled to receive 1/2 of his retirement income to the extent he earned it during the marriage. The value of a condo or any real property would be determined by a professional appraiser.

    1 lawyer agreed with this answer

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  5. In the state of washington, is the inheritence community property to be divided in a divorce?

    Answered 3 months ago.

    1. Paul Lanan Battan
    2. Boaz Weintraub
    3. Peter Jaret Abbarno
    3 lawyer answers

    The above responses are correct. To elaborate further, "commingling" is defined as the intermixing of both separate and community property to the extent the source of the separate property (i.e., inheritance) can no longer be traced and identified. In such cases, the account is presumed to be entirely community property. For example, if the check from the estate is deposited into a joint account and numerous withdrawals from and deposits of community earnings into the account make it...

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  6. I was only married for 6.5 years no kids the judge gave her 1/2 of my retirement for those years is this really legal?

    Answered 5 months ago.

    1. Boaz Weintraub
    2. Jacob Brian Smith
    3. Jay W. Neff
    3 lawyer answers

    All assets, including retirement, and debts acquired during a marriage are presumed to be community property. Each spouse has a 50% interest in it regardless of who earned it. The judge must have determined, despite you taking on those debts, a 50/50 division of the retirement was a "just and equitable" property division under Washington Law. If you believe the decision was contrary to law, you should seek an attorney for advice on a possible appeal.

    1 lawyer agreed with this answer

  7. What are my legal rights to get my 17 yr old daughter home after she left home to live with her boyfriend?

    Answered almost 4 years ago.

    1. Boaz Weintraub
    1 lawyer answer

    She's still a minor and, unless she is emancipated, you are still her legal guardian charged with her supervision and support. The police will usually not get involved in civil family law matters and typically leave it up to the parents to pursue remedies. In your case, you should pursue an "At-Risk youth" petition. An "At Risk youth" means a juvenile: 1) Who is absent from the home for at least seventy-two (72) consecutive hours without consent of his or her parent; 2) Who is...

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  8. How to finalize separation?

    Answered almost 4 years ago.

    1. Boaz Weintraub
    1 lawyer answer

    Prior to leaving, he may have to attend a parenting seminar and his certificate of attendance needs to be presented with the final paperwork. Although you will probably have to wait 90 days before entering the final papers (I say "probably" because the law is unclear whether that required waiting period applies to legal separations - but you should assume that it does), you will not need need him to be there when you present the final paperwork to the court. Regarding the note, if...

    1 lawyer agreed with this answer

  9. I need to modify the PETITION FOR DISSOLUTION OF MARRIAGE after filing it.

    Answered almost 4 years ago.

    1. Boaz Weintraub
    2. David Alexander Browde
    2 lawyer answers

    You can try to modify (the proper term here is "amend") your petition for dissolution if you want to now request a different property division. However, since she has already responded, you have to either get her agreement to amend it or ask the judge assigned to your case for permission. You do this by preparing a formal motion to the court. The applicable Washington state rule is CR 15, and there are also local superior court rules to comply with. Also, just to clarify, you do not...

    1 lawyer agreed with this answer

  10. How do I look up case law?

    Answered 4 months ago.

    1. Boaz Weintraub
    2. Thuong-Tri Nguyen
    3. Bruce Clement
    3 lawyer answers

    This is an excellent question (legal research and writing is a one year law school course). Finding case law that is helpful to your case requires a certain amount of legal research knowledge. A local law library at a law school or courthouse is an excellent source for information. LexisNexis also provides legal research support. Regarding your specific question, "Wn.App." is the citation for Washington Appellate Reports, the name of a publisher of Washington appellate court decisions....

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