Family Law: Child Decide Custody? In Washington, can a child decide where they will live in a divorce process? The simple answer is No. This is the decision of the parents, and if the parents cannot decide, then the courts will decide. Depending upon the age and maturity of the child, the court may take […]
About Ed Shoemaker
Posts by Ed Shoemaker:
Valuing Business Interest
Family Law: Valuing Business When one party to a divorce is either self employed or has an ownership interest in a business, there are typically two issues that arise. The first is determining that persons actual income for child support and spousal maintenance purposes as discussed in another article. The second, which is discussed here, […]
Settlement Conference
Divorce: How to Prepare for a Settlement Conference Frequently in a divorce, the parties engage in a settlement conference prior to trial in hopes of settling the case and avoiding a trial, saving the financial and emotional cost of trial. Settlement conferences usually have a settlement conference master who is independent (often a retired judge […]
Temporary Parenting Plan Criteria
Family Law: Temporary Parenting Plan Criteria When the parties separate during a divorce, and cannot agree on what the residential schedule should be for the minor children, it is not uncommon for either party to file a motion in Family Court to establish a Temporary Parenting Plan. The Washington statute, RCW 26.09.197 sets out the […]
How to Stop Divorce in Progress
Family Law: How to Stop Divorce in Progress Occasionally, after a party has started a divorce action in Washington (Dissolution of Marriage), they change their mind, and decide they want to stop divorce proceedings. This may be for a variety of reasons, including reconciliation, guilt, change of mind, giving it another try, etc. As an […]
Motion for Default
Family Law: Motion of Default When a person is served with a lawsuit, there is generally a Summons that says they must respond within a certain amount of time, typically 20 days if served in the State of Washington and 60 days if served outside of the State of Washington. To protect themselves, they should […]
Discovery in Washington Divorce
Family Law: Discovery in Divorce (Interrogatories, Deposition, Subpoena) On the procedural level, a divorce entails a number of distinct phases over a period of time. One of the most important phases is known as discovery. At its core, discovery is about revealing details relevant to a particular case. It involves the legal representatives of either […]
A Safety Plan for Domestic Violence
A Safety Plan For Protection From Domestic Violence Published by the Office of the Administrator for the Courts and the Washington Supreme Court Pattern Forms Committee, Olympia, Washington (June 1996) 1. Safety During an Explosive Incident If an argument seems unavoidable, try to have it in a room or area that has access to an […]
Selecting a Washington Divorce Lawyer
A. Introduction Selecting a divorce lawyer to represent you in your divorce is more than just picking a name; it means establishing a close and sensitive relationship that will continue for months and perhaps years. It is important to find and hire the person who is right for you and your case. B. Getting Names […]
Effective Court Declaration
Family Law: Drafting Effective Court Declaration Whether you are representing yourself in a family law matter, or whether you are represented by an attorney, the time will probably come when you will need to collect statements from witnesses on your behalf to be filed in court. Usually, these statements, either declarations under penalty of perjury […]