Cornelia Clark's Answers

Alimony : What are the Chances?

The main factor that applies in respect of alimony-which we call spousal maintenance in WA State-is need and ability. This means she has to have the need and you must have the ability to pay. However, the length of the marriage is also important. The longer you were married the more it places an obligation on the higher earning spouse. There are several other factors and it is hard to give and exact opinion without consulting with you. However, if you were only together for a short period...

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What is a family court evaluation?

Family Court Evaluations are usually done in highly contested custody cases or cases wehre there are allegations the parties have against each other about the other paretns fitness as a parent. . Can be requested by either party. It is when someone is appointed that 'investigates' the case. Comes to your home usually and the other party, talks to people that know you and so on and then does recommendations what they think it the best for the children. Depending on what county you are in,...

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If my daughter's biological father's name is not on her birth certificate, can I put my husband's name on it?

Your husband will have to do a step parent adoption so that vital statistics can issue a new birth certificate http://renton.komonews.com/content/law-office-cornelia-clark-collaborative-family-law

Can I get away with changing the papers in a non contested divorce that has only just been sent in for the initial petion?

You can only finalize the case iwht the documents AS signed without any changes. You cannot make changes and finalize it that way, unless she approves the changes and resigns. So, if you no longer want to finalize it the way it is now you are going to have to approach her and see if you can negotiate the changes. If not, then your case has no agreement and you then are in a contested case and you either have to try and work it out via mediation and if that not works it will have to go trial....

My wife and I are divorcing after 22.5 years. She moved out and the kids reside with me(19 and 16).

It is really hard to say without looking at the entire financial situation, your assets, your earning capacities and so worth. It is usually better for parties to try and working something out because you can the tailormake the agreement to best suit both of you. This might not be the same if you have a Judge make a decision. Usually a payout for a home would be at the present market value but if she agrees to buy it from you at a higher price it appears that it could benefit you. However,...

Is it considered improper service if the process server served papers meant for me to my minor child(15)?

In order for service to be proper, it has to be on someone that is 18 or older and residing with you. This will not be proper service but in my opnion also very careless of the process server. You would have to find out what company they are from and contact them to lodge a complaint.

How does inheritance work after an informal separation?

An inheritance is one of the exclusions to community property. It does not matter when the inheritance took place, even if it is during the marriage, unless the will of the person that is deceased left it to both parties(which is very unlikely) the inheritance is the separate preperty of the person receiving it. In a divorce or formal legal separation the Court does have the power to divide community and/or separate property as they are both before the Court for the court to make an equitable...

How long does it take to have a Legal Separation be official?

In WA State there is no waiting period to finalize a legal separation as there is with a divorce. If you have a final agreement and all final papers are signed, you can enter it. You are responsible for entering the final documents, the Court will not do it. If you have children though, you do have to do a parenting seminar, so that might hold things up as both parties have to do that before a final parenting plan can be entered.