Family Lawyer Bellevue | Barry Rose - Attorney at Law - Glossary of Family Law Terminology

Glossary of Family Law Terminology

GLOSSARY OF FAMILY LAW TERMINOLOGY

Marital Dissolution (Divorce)

The legal proceeding formerly known as a “Divorce” is now known under Washington law as a Dissolution of Marriage. This action dissolves the legal marital bond and allows both the husband and wife to emerge as single people.

Dissolution actions proceed for couples both with and without children. The calendar in King County takes about 10 months until a trial date; in Snohomish County, a request for a trial date is made to the Court, which usually results in trial being set within about six to nine months. Each case in King County is given a “Case Schedule” that provides a calendar of events leading up to trial; Snohomish County does not issue a “Case Schedule.” King and Snohomish Counties simply have different procedures and there is no relative advantage or disadvantage to either system.

In most cases, proceedings can be finalized by an out of court agreement. The minimum “waiting period” under the law before an agreed Dissolution of Marriage can be finalized is 90 days.

Legal Separation

Legal Separations are very similar to a Dissolution action, except that the parties remain married at the end of the proceedings. The main public policies providing for Legal Separations are to provide an alternative to Dissolution if, for example, parties object to a Dissolution for religious convictions or desire to retain marital health care insurance coverage for a spouse. Property, Spousal Maintenance and children’s issues are addressed in Legal Separations in basically the same way as they are in Dissolution cases.

Parenting Plan Modifications

When a “substantial change in circumstances” occurs in the “custody” of children, usually after a Dissolution has been finalized, parents can undertake a Modification of a Parenting Plan. The residential schedule governing when parents have time with their children can be adjusted or modified for as little as a few days per year (Minor Modification) or for a major shift to place children primarily with the other parent (Major Modification).

Geographic Relocation

A type of Modification action (see above) occurs when one parent moves residences to a location that is different from what was contemplated in the original or previous Parenting Plan. Such a move can be within the same school district, a local move but outside of the children’s current school district, or to a more distant location. Whether a parent is moving across town or to a remote international location, provisions must be addressed to enable both parents to have a residential schedule with the children and to be properly notified of the move.

Child Support Modifications and Adjustments

Child Support is ordered according to parties’ incomes and set forth on a payment table approved by the state. Child Support is reviewable every two years by statute. Some Orders of Child Support provide for an even more frequent review of Child Support.

An increase, decrease or loss of income or other substantial changes in financial circumstances can justify a review of Child Support. When children attain the age of 12, they move into a “higher bracket” for Child Support, thus justifying an adjustment. Also, as children prepare to enter college or post-secondary educational programs, funding for these academic endeavors needs to be addressed. Child Support Modifications, including those that address post-secondary educational support issues (including trade or vocational schooling), must take place before Child Support terminates, which is generally prior to the child attaining the age of 18 or being no longer enrolled in high school (whichever occurs later).

Parentage Actions (Paternity Cases)

If you are a parent who was not married, you have rights and obligations regarding your children in much the same way as married parents do. A parentage legal action can establish a Parenting Plan in the best interests of the child, as well as an Order of Child Support.

Property Division

The division of property and debt in a just and equitable manner is an important part of the Dissolution/Legal Separation process. Property Divisions need not be equal; disproportional divisions of community property is common. Often, experts will be retained to value assets or ownership interests in businesses, real estate and other investments. Separate property, such as assets acquired before the marriage, must also be considered. Allocation of debt between parties in a divorce is also an important part of addressing property issues.

Pre-Marital and Post-Marital Property Agreements

You may be well advised to draft a Pre-Marital or Post-Marital Property Agreement. Such Agreements set forth who owns particular items of property, both real and personal, as well as who is responsible for debts. Such contracts are valid both before a marriage occurs, as well as during a marriage. Sometimes, such Agreements are part of the Dissolution process but they can also be undertaken independently of a Dissolution or Legal Separation action. Also, those who live together with another person in a marital type of relationship may be well advised to execute a “Cohabitation Agreeement.”

Mediation/Arbitration

I favor Alternate Dispute Resolution (“ADR”) as a way to resolve the issues in your case while keeping emotional and financial costs to a minimum. Two main forms of ADR are mediation and arbitration. Mediation is voluntary and non-binding until a formal agreement is negotiated. Mediation can be conducted without attorneys and directly between the parties, under the direction of a trained mediator. Another type of mediation is a “Settlement Conference” that provides for attorneys to be present. Typically, the parties and their respective attorneys are in separate rooms, while the mediator “shuttles” between the parties with offers of settlement.

Arbitration is a binding process in which the outcome of an issue is determined by an arbitrator with a ruling. Under arbitration, the parties must abide by the decision of the arbitrator, just as they would a Judge in Court. Arbitration decisions can often be reviewed or appealed in the Court system.

Temporary Orders

A Dissolution can sometimes take a year to complete. During the pendency of a Dissolution case, it is often necessary to stabilize a situation with regard to finances, parenting issues, property and debt issues, and even an award of attorney’s fees. In order to stabilize a case “temporarily” until trial or a final agreement is reached, the Family Law Department in Court can establish Temporary Orders, upon Motion by either party. These Temporary Orders can include Parenting Plans, Orders of Child Support and other Orders.

Guardian ad Litem/Parenting Evaluator

In parenting cases, sometimes the parties cannot agree on a residential schedule or “visitation” plan that is in the best interests of the children. In such cases, the Court can appoint a Guardian ad Litem (“GAL”). This person is often a social worker or an attorney who will investigate parenting issues. A GAL can visit both parties’ homes, discuss parenting issues with the children and investigate issues with “collateral contacts” such as friends, relatives, teachers, etc. A GAL will report to the Court and make recommendations in the best interests of the children.

Similarly, a Parenting Evaluator will investigate all of the aforementioned issues, but does not report directly to the Court nor automatically attend hearings. A Parenting Evaluator typically will issue a detailed report with recommendations about residential provisions and possible restrictions on one or both parents.

Discovery

The law provides for both parties to disclose financial and other information in an open and straightforward manner. Discovery includes the issuing of Subpoenas to banks, employers and other collateral contacts. Each party may also have to answer written questions called Interrogatories and provide documents in response to a Request for Production of Documents. Discovery also involves Depositions, which consist of an interview between the attorney and the opposing party or other possible witnesses, including experts. Depositions are conducted under oath and a written record is kept. Often, both parties will agree to conduct discovery informally and cooperatively in order to minimize the expense involved.

Pro Se Consultations (for litigants not represented by an attorney)

Pro Se litigants are participants in a legal action who represent themselves without an attorney. This can save substantial money, but remember that Pro Se litigants are required to conduct their cases with the same standards as an attorney. Therefore, if you are interested in managing your own case, it is advisable to consult with an attorney both before and during your case. If you would like to find out about the Dissolution process or have ongoing advice about how you can manage your own case, I would be happy to arrange consultations as needed on an hour-by-hour basis.

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