Michael John Gainer's Answers

How do I get my ex to sign the final divorce papers from a legal separation, without an attorney?

There is really no defense to converting legal sep decree to dissolution decree. Either way, you will have to bring a motion to convert legal separation to dissolution. Prepare the motion and Order you want signed (converting), send him a Note For Motion Hearing setting a date and time when it will be present in Ex Parte. File motion and note for hearing with court and show up at hearing with Order you want judge to sign. If ex signs Order before then, take it to Ex Parte and have it...

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Mother has full custody of 16 year old and father has no visitation rights child wants to live with father in WA is this okay

I disagree with the prior answer for the most part. Quite frankly, it is bizarre. Primary custody with no visitation rights likely means mom alleged a list of horribles and dad didn't respond, or he did respond and it was proven. It could also be a paternity order that had mom with primary custody and did not address father's visitation. He may have run out of money, but he could have still shown up and presented his case. There is certainly no such recognizable claim against the County...

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How long is a divorce settlement offer in writing good for?

In divorce actions, the parties often go back and forth trying to settle. Even if you had accepted the offer without changes, in practice, they could have backed out until a signed agreement or order was entered. The offer gives you an idea of where they want to go and were willing to go to try and settle the case. If it is not accepted, sometimes the other side does more discovery or investigation and they decide to change. Usually, the closer it gets to trial and the risks associated with...

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Probate final estate payment

Research Accord and Satisfaction. Settlement. Offer and acceptance.

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I left my husband 6 days ago and he is refusing to sign anything I file and is refusing to let me see my kids. What do I do?

If its just been a few days and you have been primary caregiver, you may just go get the kids. Of course, you both have equal access and rights to the kids. HOWEVER, for the kids' sake, and to avoid a battle of him coming and taking back, file a legal separation or divorce action and motion for temporary orders. Keep asking to let you see the kids. I disagree that there is an emergency sufficient to get an ex parte order. He will have a hard time explaining to court that he didn't let you...

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WA state divorce and legal separation laws, modifying final divorce decree, changing provisions in the separation agreement

The previous answers are very good. In my experience, the court is going to enforce the separation agreement unless she can prove there was some duress in signing. The fact that she didn't think about adding COBRA then should not allow her to add it now. It's kind of like settling an injury claim and then coming back later and saying "I'm still hurting and I want more money." You settled. It's done. This can be a HUGE pitfall for people who sign a separation agreement or decree of legal...

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Child custody- i am the primary custodial parent.can my ex wife get full custody?she doesnt work along with other issues she has

She will have a near impossible time unless she can prove that there has been a substantial change in your home that is so bad for the child that a change in custody needs to occur. The fact that the child may or may not want to change is irrelevant to her case. Your son gets to decide when he's 18. Before that, the Parenting Plan controls. As far as him not wanting to go, remember, he doesn't get to decide. The court looks at it like a kid not wanting to go to school. You have to make...

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What is the attitude of Washington state courts with regard to transportation costs in child visitation?

This is a common question that often arises after the parties have moved on with their lives following divorce, and is becoming more common with the current economy. The court hears these actions all of the time. You will want to file a Petition to Modify Parenting Plan, with a Proposed Parenting Plan that you want the court to adopt, as the visits will likely need to be changed (e.g. eliminate mid-week visits, add extra time in summer), and include a request to change the transportaion...

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I have been asked to go to a Children First (Parenting Seminar) in spokane,wa.

What you are describing is probably the mandatory class that all parents in divorce/legal separation cases have to take in Spokane County. Our local rules require that parents take this within 60 days of the start of an action. It is basically a 2-hour video class on how to act and behave so the action does not negatively affect the children. It costs about $20 and is offered at the following locations as described on the superior court website: SHARING THE CHILDREN SEMINAR All parties...

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Can I contest the results of mediation for divorce

Mediation is not binding unless you sign an agreement. In this case, if your divorce was final, you or your attorney signed final divorcepleadings and you are bound by them. Vacating the Decree is likely not an option due to the claims and time. However, you can always file a Petition for Modification to address future payments owed.

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