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Linda Kelley Ebberson

Linda Ebberson’s Answers

2 total

  • Are prenuptial agreements legally binding in Washington state?

    Are prenuptial agreements legally binding in Washington state?

    Linda’s Answer

    Absolutely, so long as they meet the criteria of being substantively fair to the disfavored spouse (the spouse with the smaller estate), for example, by allowing for the accumulation of community property during the marriage. Even an unfair prenuptial agreement may be enforced if it was entered into in a procedurally fair fashion. This means that each party had independent legal advice (separate attorneys) and had the rights they were giving up explained to them and entered into the agreement freely without being under inappropriate pressure (duress) when they signed it. The enforcement of a prenuptial agreement depends upon the facts of each negotiation and the language of each agreement.

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  • My son wants to live with me instead of his father, what do i do to make that happen

    I am not the custodial parent , but I also did not have my rights taken away i voluntarily gave my husband full time custody. My son wants to move with me, so what do I need to do to have that happen, also my son is 13.

    Linda’s Answer

    Washington law provides that a child may be integrated into the non-custodial parent's home which may provide the basis for a parenting plan modification, especially if it is with the custodial parent's consent. Ideally, you want to establish a pattern for the maximum length of time possible before initiating a formal Parenting Plan Modification in the county where you and the child reside.

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