FAMILY LAW

 
The single most common family law issue is divorce. Divorce is the process by which a marriage is officially and legally dissolved. Washington is a "no-fault" divorce state. This means that a divorce can be obtained in Washington generally if either spouse desires it. However, many issue raised in connection with divorce are not so simply resolved.

Parenting Plans
A "Parenting Plan" sets forth the residential schedule for children of divorce outlining when they are with each parent. The parenting plan also addresses decision-making with regard to the children and provides a means for resolving disputes that arise between parents around such issues as education, religion and health care.

Child Support

Child support is the money paid by one parent to another to cover a portion of the costs of food, clothing, and shelter for the children. The amount of child support is generally set at a pre-determined amount based upon the incomes of the parents. Sometimes parents can be obligated to pay additional expenses for the children in addition to normal child support such as day care, counseling expenses, 

and school tuition.

Property Divisions

Under Washington law, property acquired by either spouse during the marriage is generally community property. Community property is owned jointly by both spouses. However, community property is not necessarily divided 50/50 at divorce. Factors such as preserving the family home for the children or a significant disparity in the earnings of the spouses can lead to lopsided divisions of the property in favor of one spouse or the other. We can assist you in identifying and valuing all of the property and in obtaining a division of the assets that is fair and equitable under your individual circumstances.

Spousal Maintenance

Spousal maintenance (traditionally known as alimony) is money paid by one spouse to the other to assist the recipient in meeting his or her expenses. Traditionally, spousal maintenance is most common in marriages of longer duration where there is a significant difference in incomes. Maintenance can be used to allow a spouse to obtain education so that he or she can earn a higher salary. Maintenance can also be used to compensate a spouse who has made economic sacrifices to benefit the marriage.

Custody Modifications

A custody modification occurs when one or both parents want to change the residential schedule for the children. This can include minor adjustments to the children's schedule or can include a major change such as moving the children from one parent's home to the other's. Unless both parents agree to the change, such modifications are only possible 

under limited circumstances.

Child Support Modifications

Child support obligations can last for many years. As a result, the support amount may need to change from time to time. This may include major changes caused by job loss, disability, or large changes in salary. It can also include smaller periodic adjustments to keep up with raises and promotions for each parent. Finally, a support modification can address college expenses for a child who is graduating from high school.

Non-Marital Relationships

Often, unmarried individuals can face significant family law problems. Many of these are the same problems faced by married individuals concerning child custody, child support, and even property division.

Paternity

Unmarried parents may bring paternity matters before the court. By doing so, the parent insures that the parentage of the child is affirmed and that issues of child support and visitation are properly addressed.

Pre Nuptial Agreements
A pre-nuptial agreement is a contract entered into by couples planning on marriage which governs how their property would be divided in the event of death or divorce. People enter into pre-nuptial agreements for a variety of reasons, most commonly to protect assets for children from previous relationships. The law governing pre-nuptial agreements is complicated and such agreements are frequently difficult to enforce. We can assist clients in entering into an agreement that is both fair and enforceable.

Estate Planning

Wills, Power of Attorney, Health Directive; Every adult should have an estate plan, that is, a legally binding plan in writing as what his/her wishes are upon his/her death or incapacitation. "Estate" does not necessarily mean large and extensive holdings, but is a term used to describe everything a person owns in any fashion: money, house, cars, stocks, etc.  From domestic partnership, to divorce, adoption to estate planning Theodore C. Rogge and his legal team are ready to handle your Family Law matters.