Peter William Mogren's Answers

Starting a business 8 months after separation and after divorce has been filed?

There is no reason to wait. Any assets acquired after separation are your separate assets, and any debts incurred after separation are your separate debts. You spouse will not have an ownership in the business (unless you use community assets [joint savings account] to establish it.

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I have a friend that moved into a house with her soon to be husband. Within the year they got married and refinanced the house.

Washington is a community property state, which means property is either community or separate. It appears the house was his separate property (he owned it before marriage), but he may have converted it to community property during the refinance by adding her to title. In a divorce, the court has jurisdiction to divide all assets (both community and separate on a fair and equitable basis). While the divorce is pending, the court can determine who stays in the house on a temporary basis, and...

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Do you have to have an attorney for legal seperation/divorce?

If you receive an inheritance, it is your separate property, not community property. As long as you keep it separate, it is not subject to execution (garnishment) for his child support. You do not need an attorney to file for legal separation or divorce, but under your circumstances I would storngly encourage you to talk to an attorney first to understand the consequences of divorce when you do not really want one.

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How can i make my son's mom let me talk to him on the phone? Parenting plan says she has to allow unrestricted calls.

If the Parenting Plan requires you to have phone contact, you can bring a Motion for Contempt against her. You must show that she has knowledge of the order, an ability to comply, and that she is willfully disobeying it. You must file an Order to Show Cause for Contempt, and have her personally served with it. The court will enforce it's orders.

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How to calculate support with shared physical custody of two kids.

In Washington, child support is based upon mandatory Child Support Schedules. This determines the basic amount of the transfer payment. From this, the court can deviate the amount if there is a legal basis for it. One reason for deviation is a residential credit. If the children spend a significant amount of time (usually considered to be more than 90 overnights a year) with the non-residential parent, then the court can reduce the amount of the transfer payment. There is a formula that...

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Legal separation to divorce. We have been legally separated for over 2 yrs he has not kept to the separtion aggreement,

If a Decree of Legal Separation has been entered, all that can be done at this time is convert it to a dissolution. That is a simple process that merely disolves the marriage. It does not modify property or debt division, child support, maintenance or parenting plan. The court has no authortiy to modify the property division. If there was fraud or duress, the court could vacate it, but only in limited circumstances not that it has been over 1 year. If he has not paid full support, you can...

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What factors go into determining alimony payments?

The Washington statute, RCW 26.09.090 spells out the factors the court is to consider. It is based principally on need versus ability to pay. Those are broad factors. Property division and spousal maintenance are closely related, as they are the 2 tools that the court can use to allow the parties to leave on an equitable basis.

Should I file first?

There is no legal advantage in filing first. The law is the same whether you file or your spouse files first. There may be some practical advantages of filing first. Most important is that you get the process started instead of waiting for you spouse. The disadvantage is that you pay the filing fee with the court. If you are both agreeable to all the terms and this will not be contested, there is no real benefit or advantage. If things are contested and there needs to be temporary orders,...

Is divorce the right choice, or should we try a legal separation?

Substantively, a legal separation does everything a divorce does, expect you are still legally married at the end of the process. You still have to divide assets and debts, deal with parenting plans, child support, spousal maintenance, etc. Those are the same in a divorce or a legal separtion, so the cost is no difference. If you get a legal separation and later want to convert it to a divorce, you have to bring a motion to coverts. It is relatively simple because all the court is doing is...

WHAT IS THE DIFFERENCE BETWEEN ANNULMENT AND DIVORCE

Annulment is a religious term. In Washington, the alternatives to divorce are a legal separation or a declaration of invalidity. A declaration of invalidity is a process to determine that the marriage was not legally valid when entered into, for reasons such as one of the parties is already legally married, not of legal age, or duress. The commencement of domestic violence after marriage would not be a reason for a declaration of invalidity. You should however take steps to protect yourself.