Todd Richard DeVallance's Answers

Process service

Absolutely. But I concur with my colleague and recommend a professional process server.

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What legal ages for a kid to stay home alone in WA state?

There is no designated age in Washington in which a child can stay home alone. Various agencies/resources recommend different ages, but this should be decided on a case-by-case basis (taking into consideration maturity of child, environment, length of time, etc). In generally, most resources seem to suggest an age 12 - but there is no law in Washington on this particular issues.

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Is spouse entitled to part of federal retirement if I was retired prior to marriage

Your VA disability is your separate property and is protected under federal law. A Washington State court cannot touch your disability pay.

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Is a 403 b community property in Washington State?

Generally speaking, in Washington State property acquired during the course of a marriage is community property. This would include retirement accounts. If you are planning on filing for divorce, obtain a copy of the most recent 403b statement so you are fully informed of the current balance.

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Can I sue my husband for abandonment then file a fault divorce on him in Yakima Washington?

You could sue anyone for just about anything. The issue is the type of relief you are seeking. Perhaps some, if not all, of the relief could be addressed in the divorce action.

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What is a confirmation of issues? How do I know if my husband filed all mandatory pleadings?

Unfortunately its a mandatory form that you cannot find online (at least I have not been able to find it anywhere). The clerk's office or the law library may have fill-in forms available. Because the Confirmation of Issues requires BOTH parties to sign the document - you should know if you signed it or not. If so, you can check online by going to www.courts.wa.gov and doing a case search using your name or case number to see if the Confirmation of Issues has been filed by the other party.

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I have filed for a legal separation, and it is now contested. Can I file the divorce papers, or can he?

Actually, you can still have a contested legal separation. You do not need to file for divorce. A legal separation is very similar to a divorce and you will have a Decree of Separation (instead of a Decree of Dissolution). Six months after the Decree of Legal Separation is entered, either party may ask the court to convert the Separation to a Dissolution. If you do not want to pursue a Decree of Legal Separation now that the matter has become contested, all you need to do is Amend your...

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I just found out that my petitioner spouse has ran up $30,000 in legal fees since she left six months ago. I've spent $2,000.

Yes. The court will look to (1) the disparity in your incomes; and (2) whether or not the fees were reasonable. I seldom see attorney's fees awards of the full amount incurred - but I have seen it. Good Luck!

Legal separation moving into divorce

Also, either party can convert a Decree of Legal Separation to a Decree of Dissolution six months after the Decree of Legal Separation is entered. You could finalize the Legal Separation now and in six months convert it to a divorce. This a simple motion that is presented ex parte and may be easier than amending your petition - since you may have to wait an additional 90 days from the filing of the amended petition anyhow.

Can he get a continuance

My first thought is that technically YOU could object to the attorney's withdrawal. I had an attorney do that to me in a case and I got stuck doing the trial - the judge denied the request for a continuance. However, in general the courts are inclined to allow a brief continuance to allow new counsel to get on board and up to speed. Also, if your case is in Snohomish County it needs to be confirmed. Otherwise the trial will be struck.