Kevin R. Richardson's Answers

Probate, Divorce and Death - Washington State - I reached a settlement in my divorce with my husband but it has not been

I am sorry to hear about your loss. The short answer is that you cannot become divorced at this point. I don't know about Wills or other arrangements that may have been made, but the probate process can proceed.

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For my divorce.Changing attorneys.

I have been asked this question many times over the last 20 years. My answer is usually the same: 1. Call your attorney and talk about your concerns. Be clear about what is upsetting you and what you want. If you believe your attorney hears your concerns and has addressed them appropriately, the talk about how to improve the communication going forward so as to avoid this problem in the future. Every client has unique needs or communication requirement. Your attorney should be able to...

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My husband has not responded to the petition and summons for divorce, and I am not clear on what my next step is.

The key to my answer is that your husband was properly served. You should have a Return of Service or Declaration of service stating what documents were served on him, when, and by whom. It needs to be signed properly too. If you husband was properly served, then you can ask the court to find him in default. This is done by filing a Motion for Default and asking the court Commissioner to sign an Order of Default. Part of the process is to show that your husband is not active military;...

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Do I have to give a gift I bought for an ex-boyfriend back to him?

There are always ways to make arguments and there are always more facts then what is shared in a short text. And, I challenge other attorneys to give a simple black and white answer to this question based on this scenario. In my opinion, you do not have to give it back. Over the years, you and he likely bought many things that went into the house. A picture, a new coffee pots, towels and a bunch of stuff that no one really wanted that much anyway. When you split, that was the time that...

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Is it true that in Wa St. a borrower must provide written denial of mediation to lender before a trustee sale can be scheduled?

Your questions is very important and I applaud you for looking for solid answers. I would suggest you also look at the new Foreclosure Mediation law that went into effect July of this year, and look into the resources available through local bar associations and the Washington State Bar Association (WSBA). Additoinally, speak to a housing counselor or an attorney right away. Borrowers need to be referred to mediation through Washington's new law. There very well may be multiple laws and...

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Appealing a finalized uncontested divorce?

You are right about enforcement through contempt. However, Appeal is not an option for him. He would need to actually undue or vacate the decree that was enters. The process to do Vacate a Judgment is found under court rule CR60. You can read up on this yourself and maybe even look at some of the other cases on this issues, but the basics are that he must show some irreqularity in how the Decree was obtained and show some underlying reason why a diffierent outsome is necessary. There is so...

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I am taking my ex wife to court in Tacoma for contempt. Doing this on my own. We had the adequate cause

Contempt of a Court Order is serious business. And, frankly, your question interchangeably uses terms in a way that I am not familiar. I’ve been helping clients in Family Law matters for over 20 years. It sounds like you've petitioned the court to review a Parenting Plan. And, I assume your contempt is based on your belief that the other parent has violated the prior order in some way. You’re Petition and the Contempt may or may not be related. Normally, for contempt you need to...

When both parties in divorce are wealthy/retired, what justifies a non 50/50 division of assets?

No. Consult with several attorneys and then hire one.

Son was married in Nov 2009. Wife filed in Sept 2010. She forged his signature on petition & Ex Parte. Dates it was "signed"

Over my 20 plus years of practice, this is not the first time I've heard of this scenario. I suggest you either speak with an attorney or schedule time with the court house facilitator (if in Pierce County) to have the Decree set aside (vacated). I would also suggest that your son take the lead oar in the process. He will be the person who needs to ask the court (Motion) to start the process over and have it be fair. He will still be divorced (likely), but provisions for support or...

Custody and child support doing my own divorce paperwork please help

The most important question to ask about a parenting arrangment is does is work best for your children. If what you have been doing is best for the children, then you should likely keep doing it. However, success in parenting post separation greatly depends on how the parents work together. Really try to keep the conflict down, especially around the kids. And, remember, kids pick up on a lot more then parent thinks they do. As to child support, it is important to look at the earnings of...