Family Law Attorney Near Me
Family means different things to different people, and changes to that structure can send shockwaves throughout the relationships it impacts. Changes in these dynamics can create significant emotional upheaval and make it difficult to determine how to proceed. When you need help handling a family dispute or legal issue in Seattle, WA, our family law attorney near me law firm can provide the guidance you seek.
At S.L. Pitts, we help you navigate the ups and downs that come with growing or separating your family unit. Our team has extensive legal knowledge and can help you find solutions for your specific circumstances. We take the time to answer your questions and find effective ways to resolve your matter with minimal disruption and conflict. From start to finish, we are there for you, guiding you, and protecting your interests.
Choose a Family Lawyer to Guide You Through Your Case
Family law cases are often as complex as they are emotional and exhausting. Not only are there multiple steps involved in the various processes, but these cases are heavily scrutinized by the court. To effectively navigate the legal system and have peace of mind about the outcome, you need to retain a family law attorney near you.
There are many benefits to hiring a lawyer to handle your case. First of all, they have the legal knowledge and experience to skillfully negotiate for you and ensure all requirements are fulfilled. They also handle all the logistics and communication efforts to keep your case running smoothly. Your lawyer’s familiarity with the area and the local court system can improve the outcome of your case.
Additionally, family law lawyers take the time to get to know you so they can better support you and provide customized strategies. No matter what type of situation you are facing, we can prepare you for what to expect and provide resources to help you get through this difficult time. A lawyer also brings objectivity to your case, which can help make the process less emotionally charged.
Prenuptial and Postnuptial Agreements Play an Important Role in Preparing for the Future
Our family law lawyers here in Seattle can help you prepare for your future as a couple before or after your marriage. Prenuptial agreements can be drafted prior to marriage to outline each party’s financial responsibilities, and how assets, businesses, and child custody arrangements are divided up in the event of a divorce. Post-nuptial agreements are the same, but are drafted after the marriage.
Washington enforces these contracts to various degrees in the event of a divorce. Before a prenuptial or postnuptial agreement can be enforced, it is assessed for fairness and whether or not both parties entered into it voluntarily. Whether or not these documents are enforced, they can help couples make important decisions early on about their assets and custody terms early on that can save time during a divorce.
Navigate Divorce with an Experienced Lawyer by Your Side
Individuals who wish to file for divorce must complete certain steps to fulfill the various requirements of the process. To initiate the process, an individual must petition the court in accordance with RCW 26.09.030. Because Washington is a no-fault state, petitioners only need to specify that the marriage is irretrievably broken. After filing for divorce, the other spouse must be served with the divorce papers. This spouse has 20-90 days, depending on the method of service, to respond or risk a default judgment.
Once divorce papers are served, there is a 90-day waiting period before the process can be finalized. In the meantime, you and your spouse can begin negotiating the terms of your divorce. Your divorce can be finalized at the end of the waiting period if you both have reached a satisfactory agreement. However, divorces generally take much longer due to disagreements about assets, custody, and more.
You need a lawyer who can represent you throughout the process. They can ensure that all paperwork is filed correctly and that your interests are protected. Our Seattle family law attorneys can also answer your questions about divorce in Washington, so you feel confident about proceeding through the process.
How Assets Are Divided Up During a Divorce in King County
Divorcing couples must divide their assets up so each spouse receives their fair share of marital property. The court distinguishes between separate property and community property.
- Separate property is any asset an individual had before they were married or received solely as a gift or inheritance during the marriage. This is exempt from asset division.
- Community property is any asset acquired together during the marriage and must be divided up during the divorce.
Washington generally divides up marital property equitably between both spouses. This may be a 50/50 split. The court also has the right to adjust the way assets are divided depending on the situation of the couple involved. Once a couple files for divorce, they are not allowed to sell or gift any asset or real estate holding until all assets are divided up and finalized in the divorce.
Spousal Maintenance Requests in Are Considered But Not Guaranteed in a Divorce
Divorces can leave some couples in disproportionate financial states. This may be the case if one spouse has more assets, does not have sufficient income or employment, or is facing other financial obstacles. In these cases, a spouse may file a petition with the court for spousal maintenance, also known as alimony. The court is under no obligation to grant this request, but it will review the request and take several factors into account before issuing a decision, including:
- Financial resources of the petitioner and their ability to support themselves
- Time needed to find employment or receive education/training to secure employment
- Lifestyle during the marriage
- Length of the marriage
- Age, health, and financial obligations of the petitioner
- Financial ability and resources of the spouse who would provide support
These factors heavily influence the outcome of a spousal maintenance petition. If the request is granted, the court will also determine how much support should be paid, as well as the duration of the payments.
Legal Separation Can Be an Alternative to Divorce for Some Couples
If you or your spouse is uncertain about filing for divorce, you may file for a legal separation instead. Legal separation allows you both to remain married while also living separate lives. To pursue this option, you will need to petition the court and work with a Seattle family law attorney near you to divide up assets and make custody and child support decisions as applicable. A legal separation can be converted into a divorce at a later date if a couple wishes to end the marriage entirely.
While the process is similar to divorce, legal separation does not dissolve a marriage, which can be ideal for couples who may want to reconcile. It can also be a good option for couples who have religious beliefs that oppose divorce. Some couples may even approach legal separation as a way to test out the possibility of divorce, or have extra time to reach an agreement on divorce terms.
Parents Must Create Parenting Plans During Custody Discussions
During a divorce, both parents must determine custody arrangements so both parents have access to their child as the situation allows. Parents must develop a parenting plan together so all aspects of co-parenting and child care are accounted for moving forward. A parenting plan should include the following information:
- How parenting time will be shared each week, as well as on holidays, vacations, and special events
- How visitation is handled if one parent has restricted access to their child
- Living arrangements
- How each parent will communicate with the other about the child’s care
- How decisions will be made, especially about education, health, and more
- How disputes will be handled
- How parenting will evolve as the child grows
- How a potential relocation will be handled
- How expenses will be handled
While this process can create a lot of conflict during a divorce, a finalized parenting plan reduces uncertainty and potential disputes as you and your partner co-parent. It also ensures the child’s well-being is prioritized and gives them greater stability when they need it the most. Our Seattle family law attorneys near you can guide you through this process.
Calculating Child Support Payments
In addition to creating a parenting plan, child support payments must be established. While both parents must share the costs involved with caring for the child, the noncustodial parent typically makes child support payments. When determining how much child support is to be paid, Washington uses a formula based on how much income both parents have and how many children they have together, according to the state’s Division of Child Support.
Special Considerations in Family Law Cases May Require in King County
Every divorce and family law case is as unique as the individuals involved. This means that your lawyer’s approach to handling your case should be tailored to your specific circumstances. Even after your divorce and custody arrangements are finalized, you may still need the help of family law attorneys near you to navigate legal situations that can still arise, especially if you are co-parenting. Below are some situations that require nuanced considerations. Our lawyers here in Seattle are ready to offer our help.
Divorces Involving Domestic Violence
In divorce and custody cases involving domestic violence, special considerations must be made to ensure safety and fairness. Victims may need to request protective orders during a divorce for themselves and/or their children, especially if abuse increases after filing for divorce. Victims may also be less likely to fight an abusive spouse when dividing assets, so steps must be taken to ensure both spouses receive what they are entitled to in the divorce. An abusive parent may have restricted custodial access as well.
Modifying Child Support or Spousal Maintenance Payments
Both spousal maintenance and child support orders can be modified under certain circumstances. When unexpected changes occur that affect your or your spouse’s financial situation, either negatively or positively, you may need to adjust the support amount you are paying or need. In these situations, you can petition the court for a child support or spousal maintenance modification. All changes must go through the court and must not be handled independently.
High Asset Divorces
For couples who have a high net worth or have high assets, divorces can be very complex. A high-asset divorce requires a thorough assessment and valuation of all assets before they can be divided up. Assets may be a mix of liquid and non-liquid assets, and the total value can be upwards of a million dollars. Custody arrangements may also require additional considerations to maintain the child’s lifestyle, education, and other factors that contribute to their well-being.
Several Options are Available for Resolving Family Law Disputes
Family law cases often become contentious as each party has different expectations and may not always be willing to compromise. On the other hand, couples may be willing to work together to figure out the new terms of their family dynamics.
Depending on the situation, a lawyer may recommend trying an alternative dispute resolution method such as mediation or arbitration. For couples who want to preserve their relationship, collaborative divorce can be a great option. If these methods do not work or the divorce is highly contentious from the start, litigation may be necessary.
An experienced lawyer can help you and your partner identify the method that will be most effective for your case. They will advocate for you and protect your rights while helping you both reach a satisfactory agreement with as little court involvement as possible.
Contact Our Seattle Family Law Attorneys Near Me Law Firm
S.L. Pitts understands how disruptive and unsettling family law cases can be. When you are uncertain about what your family structure and future will look like, we provide you with support and trusted counsel to navigate this difficult time. Our highly skilled lawyers here in Seattle will provide you with exceptional service so your interests are protected during your divorce. Contact us today to schedule a consultation with our team and discuss your case and options for moving forward.