Archived
Are expungement attorney to clear records wrongfully obtained by a liar ex-husband
in domestic violence worth the money to try?
Bruce's answer
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Answered on December 31, 2010
At least schedule a 1/2 hour free consult with a good attorney. Better: pay for a 1 hour consultation. Best: hire an attorney to review the court...
Archived
How do i remove a no contact order from my boyfriend if i dont feel threatened?
Bruce's answer
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Answered on December 30, 2010
You can petition the court to drop the no contact order and the 4th degree assault case, but the Judge may not grant it. Reason: the judges know...
Archived
In WA state do the parents have to appear in court for petition of minor name changes?
Bruce's answer
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Answered on December 30, 2010
A separate name change petition need not be filed in a dissolution case. The parties should be able to get an agreed order entered by a simple...
Archived
How do you go about getting a family court evaluation ordered?
Bruce's answer
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Answered on December 30, 2010
You need to file a motion for a referral of your case to Family Court Services for evaluation and recommendation. In dissolution cases the court...
Archived
Can my husband grant tempory custody to the non-custodial parent for six months who lives in another state without consequences?
Bruce's answer
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Answered on December 29, 2010
See my AVVO Legal Guide on interstate custody. After 6 months the other state may become the "home state" of the child. That may give jurisdiction...
Archived
Can wife still ask the court for the husband to give back the money withdrawn from his 401k while in the process of divorce?
Bruce's answer
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Answered on December 29, 2010
Yes. If the 401(k) was community property, the wife should be compensated for her cp share. If the husband files for dissolution and the wife has...
Archived
A marital home is aquired during the marriage, quit claimed from spouse 2 to spouse 1, then sold.
Bruce's answer
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Answered on December 29, 2010
Property and proceeds acquired during a marriage are presumed to be community property. The presumption can be overcome by evidence. If the family...
Archived
In WA state can a parent have sex with someone they are not married to, in the home with his wife and small children at home?
Bruce's answer
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Answered on December 28, 2010
Washington State is a "no fault" state. In most cases the sexual misbehavior of one spouse is irrelevant to the court. In cases with children it...
Archived
Support calculations for contract vs full time jobs
Bruce's answer
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Answered on December 28, 2010
Monthly net income is most often used by the court to calculate child support. Benefits can be considered, so you should at least raise this issue...
Archived
If I don't have a parenting plan can my x take my child and not return him?
Bruce's answer
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Answered on December 28, 2010
Depends. If your ex was married to you, or is a presumed father, he may have equal rights to you until there is a court order on custody. If he is...
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