Boaz Weintraub’s 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....

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...

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.

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...

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...

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...

The separation date occurs when the marriage is considered "defunct," as evidenced by conduct indicating the couple have renounced the marriage and have no intention of resuming it. If only the deserting spouse has abandoned the marriage, the marriage is still defunct if the other accepts the futility of hope of restoring it or just acquiesces in the separation. A marriage is not defunct if the parties continue counseling and reconciliation efforts, maintain a conjugal relationship, and...

You can change primary custody from one parent to the other, but it's not easy. You have to show: 1) there has been a substantial change in the circumstances of either the child or the other party that have arisen or were not known to the court when the original plan was entered; and, 2) the modification would be necessary to serve the best interests of the child. Meeting that initial standard is very difficult. One way of doing so, however, is by having the court find the mother in...

What is her basis for refusal? Does she have a legitimate reason? The mother can't do anything that violates the terms of the parenting plan. If she has, then the father should file a motion for contempt. I suggest he consult with a local family law facilitator or attorney to review the order and relevant facts to determine the next steps to take. Disclaimer: The above answer does not create an attorney/client relationship. The responses are intended to provide general information...

The amount of child support cannot be reduced by agreement of the parents. If he pays less, the state will enforce the order for the full support owed. The child support order stays the same until a subsequent child support order replaces it. He may ask DCS to review the order to see if a modification is appropriate, or he may petition for modification without DCS's help in court. Otherwise, he needs to pay the current full support amount. Disclaimer: The above answer does not create...