Both matters can separate the assets and debts. The difference between the divorce and a legal separation is the legal separation cannot be converted to a divorce until six months after the order of legal separation has been entered by the court. This gives the parties time to reconcile if they are not sure they want a divorce. If the parties reconcile, they may dismiss the matter.

This depends, each matter is totally different. Please call our office and we will be happy to discuss with you.

Mediation is the process. of having a third-party neutral help with the process. If the parties are in dispute over certain issues they may go to mediation to see if there can be a settlement of the issues. The parties in good faith go to the mediation to propose what they are thinking in regards to a settlement.

If there are children, Washington State requires a parenting plan and child support order (if the child support is not collected by DCS.) to finalize the matter.

No this is not correct. The parenting plan you file with the initial pleadings is a proposed parenting plan. You must motion the court for a temporary parenting plan Order if you would like a court ordered parenting plan until the final parenting plan is entered.

You must file a petition to establish a parenting plan and child support order.

Temporary Orders are entered by the court in the interim until Final Orders are entered. If this is necessary. Not all matters need Temporary Orders.

You may ask the court to order the other party to pay your legal fees however this is pursuant to the need of one party and ability to pay of the other party. Please call our office for more information.

If the other party is acting in bad faith, you may motion the court for a contempt order.

Administrative Orders through the Department of Child Support (DCS) cannot authorize certain things such as who is able to have the child tax credit or claim the children for the tax year. DCS also does not have the authority to deal with post-secondary child support issues. Administrative Law is the lower law court or tribunal. The Superior Court is the higher court that has authority to deal with other laws that a state agency may not. Also, when DCS establishes the child support order there is no interest on back child support owed. In the Superior court you may file a motion for contempt regarding child support if the other party is not paying. If the contempt is granted by the Superior court, there will be a judgment entered and interest is also calculated on back child support is added.

This depends on a variety of circumstances. If the house was bought before the marriage, or by inheritance, if the parties can afford to keep the house, sometimes the house is sold, and the equity is split 50/50 between the parties. Please call our office and we would be happy to answer any questions.

Does it matter who files for divorce first in Washington State? Who files first probably will not effect your case much unless 1) the responding party levels emergent accusations against the party who filed first (uncommon), 2) the case goes to trial and is a close call (uncommon), or 3) one of the parties requests temporary orders (quite common).

Judges and commissioners usually ignore who is named the “petitioner” – the party who filed the divorce. Washington is a no-fault state, meaning Washington courts are not allowed to consider who brought about the divorce when making most decisions.

One exception is if you make a claim about an emergency that conflicts with being the respondent, the party responding to the divorce. For example, the court might question your credibility if you are the respondent and claim the other side recently molested the children. Most rational parents would rush to the courthouse to protect his or her children from a child molester. This sort of emergency rarely arises in the real world. Generally, the court assumes the respondent was slower to file for divorce because he or she was trying harder to make the marriage work. In that sense, the respondent might actually be more likable from the court’s perspective.

The other small advantage to being the petitioner applies at trial. At the end of trial, the court permits the petitioner to make closing arguments first, followed by the respondent, and ending with a brief rebuttal from the petitioner. That is, the petitioner gets the first and last word on closing arguments. Research shows you want the first or last word if trying to persuade a listener, and the petitioner gets both.

Only about 5% of cases proceed to closing arguments, making this positional advantage minimal.

Many petitioners do gain a significant advantage over respondents however. This happens when the parties need temporary orders. The party who files the initial motion for temporary orders gains a significant procedural advantage, and the petitioner gets first crack at it.

The petitioner can (and typically does) file a motion for temporary orders at the same time as filing the divorce petition, the document that starts the case. If the petitioner takes advantage of that opportunity, the respondent cannot possibly file for temporary orders faster than the petitioner.

The moving party gets the first and last word with written submissions. Similarly, the moving party gets to orally argue first and last at the hearing on temporary orders. These positional advantages make it easier for the petitioner to persuade the jurist to side with him or her on temporary relief. The temporary relief, in turn, tends to affect the rest of the divorce proceeding.

The process of obtaining temporary orders usually takes about two weeks. First the moving party files a written request for temporary orders along with declarations and documents explaining why the court should side with him or her. This is the first chance to persuade the court. The opposing party follows with written responsive materials. The moving party then provides the court with a reply, rebutting the responsive materials. The reply is the last document. Hence the moving party has the first and last word in writing.

Similarly, the jurist invites the moving party to speak first at the hearing, followed by an oral response from the other party, and then a brief oral rebuttal from the movant. Finally, the jurist makes a decision on temporary orders. Again, the moving party receives the first and last word on oral argument, giving him or her an advantage in persuading the court.

The resulting temporary orders often set everyone’s expectations for the rest of the case. Any Guardian ad Litem, mediator, or trial judge sees the case through the lens of those original decisions, whether they are supposed to or not.

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