Family Law: Third Party – Grandparent Custody in Washington There is a specific statutory section governing third party or grandparent custody cases (RCW 26.10). Third party refers to anyone other than the biological parents (grandparents, aunts, uncles, other friends and neighbors), who wants to seek custody of the child. Third parties may seek custody of […]
Posts by Peter Mogren:
Transfer on Death Deed
Traditionally, real estate was passed through a signed, recorded Deed, transferring title to a new grantee. On death, the title is usually passed through a new Deed signed in the probate process by the personal representative to the new owners or beneficiaries. In the past, clients have opted to sign a Quit Claim Deed passing […]
Grandparent Visitation
Family Law: Grandparent Visitation in Washington In 1973, the Washington State legislature authorized the rights of grandparents to petition the court for visitation with their grandchildren. In 2000 the US Supreme Court in Troxel v. Granville, ruled the statute unconstitutional. After the legislature amended the statute, in 2005 the Washington State Supreme Court in the […]
Pets in Divorce
In many divorce or legal separation settlements, the most complicated matters to resolve are child custody arrangements and the division of the couple’s assets. In recent years, however, more and more couples have found themselves caught in a legal battle somewhere between the two: custody disputes over pets. How do the courts handle pets in […]
Child Support Arrearage
Child support is a large part of any divorce settlement in which children are involved. Beginning in the 1980’s the government placed a more intense focus on enforcing child support payments and going after those who did not comply with their part of the arrangement. Arrearages. Overdue child support payments are called arrearages. This can […]
Deposition in Divorce
In contested cases, a great deal of work goes into preparing the case for trial. Sometimes, it is necessary to conduct a deposition. A deposition is testimony taken under oath (under penalty of perjury) in advance of a trial. Typically, a deposition is taken both to learn information, and to “box” a witness into a […]
Prenuptial Agreement
Family Law: Prenuptial Agreement A Prenuptial Agreement is a contract entered into by two people before their marriage. They redefine the laws of the State of Washington and how it applies to their specific marriage. They often decide how property will be divided if they get a divorce, legal separation, annulment, of when one of […]
Death and Eternity
Death and Eternity A client recently came into the office to have a Will, Durable Power of Attorney and Health Care Directive prepared. He just found out he had cancer, and was given only about a month to live. To say the least, he was in a state of shock. As a lawyer, we are […]
Service of Process
Why is service in a legal action so important? We have a constitutional right to due process. That means you have to receive notice of a legal action against you so that you have the right to respond and contest it. The way you get notice is by being personally served with a copy of […]
Equal vs. Equitable Division of Assets
In Washington, the legal standard for the division of property and debts is not to divide things equally. At first glace, you might think that it should be. However, the legislature has determined that is not the standard to be used by the courts. An equal division of assets could result in the forced sale […]