How to Serve Spouse if you Cannot Locate Them?

Often times, clients want to start the divorce process, but do not know how to locate them. Traditionally, to fulfill due process requirements, the party to the divorce is personally served with the papers by someone other than a party to the action. Obviously that becomes impossible when you do not know how to locate them. So, what do you do?

There is a statute in Washington (RCW 4.28.100) that allows you to serve a summons by publication in a local newspaper. You must have court approval first to do this. There are several statutory basises for this, the primary one being that the other party "being a resident of this state, has departed therefrom with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with like intent". If your spouse is hiding out to avoid being served, you have the legal basis.

To do this, you must first file an affidavit of due diligence. This is an affidavit stating that you have done all you can to try to find the other party. You must show that you have used "due diligence". This would include things like asking family and friends, checking with employers, calling phone numbers, checking forwarding addresses, and Internet searches. Sometimes this might include hiring a private investigator to do the due diligence search.

If the court approves the process, you can then serve the other party by publishing the summons in a legal newspaper once a week for six consecutive weeks.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including divorces where we cannot locate a spouse. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Debt Division in Washington Divorce

As part of an action for the dissolution of a marriage, the Court must determine the division of the parties debts and liabilities. The standard the Court uses is not necessarily and equal division of the debts, but a fair and equitable division, considering all of the circumstances.

The Court will usually order one party to pay a debt, and indemnify and hold the other party harmless from the responsibility of the debt. This order however, is between the two parties only, and does not effect the third party creditor. That means that if the obligated spouse fails to pay the debt, the creditor can still come against the released spouse in collection. If this happens, you have a right to get a judgment against the obligated spouse and collect your costs.

The Court will consider many factors in dividing the debts, including the length of marriage, the economic circumstances of each party, the terms of spousal maintenance, if any, and any other relevant factor.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including divorces with the division of debts. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Parenting Plan vs. Residential Schedule

In most family law actions where children are involved, the court will enter a Parenting Plan for the children. Parenting Plans are detailed court orders addressing both parents rights and responsibilities regarding the children. The three main issues addressed in the Parenting Plan are the residential schedule, decision making and dispute resolution.

In parentage (paternity) cases, the court has the option of entering a Parenting Plan or only a Residential Schedule. A Residential Schedule addresses the residential schedule of the child (when the child is with the mother and when the child is with the father), but does not include decision making or dispute resolution provisions that are in Parenting Plans. If a party requests a Parenting Plan, then the court will enter one rather than just a Residential Schedule.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including parentage actions with Parenting Plans or Residential Schedules. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Deposition in Washington Divorces

In contested cases, a great deal of work goes into preparing the case for court. Sometimes, it is necessary to conduct a deposition. A deposition is testimony taken under oath (under penalty of perjury) in advance of a trial or evidentiary hearing before a Judge or Court Commissioner.
Typically, a deposition is taken both to learn information, and to “box” a witness into a story. Deposition testimony may be may be used against that witness in court. Therefore, it is a very useful investigative and preparation tool for attorneys.

A deposition is a formal question and answer session. The subject matter typically relates to the contested issues in the case. In divorces, depositions often focus on the financial affairs of the spouses and any issues relevant to legal custody/physical placement determinations. Often, the person being deposed is required to bring certain documents to the deposition. In those instances, the deponent will almost surely be asked questions about those documents.

The person being deposed is known as a “deponent.” Depositions may involve only the parties (husband and wife). In more complex cases, family and friends may be deposed. If there are any expert witnesses involved in the case, they may be deposed as well. Experts may include appraisers, accountants and psychologists.

Depositions are usually conducted at the office of one of the attorneys in the case. In my office, we hold depositions in conference rooms. A court reporter is present to transcribe all of the questions and answers for the record. Court reporters are hired by the attorney requesting the deposition. More rarely, a deposition is videotaped as well. If a deposition is videotaped, that is usually done by a professional videographer.

The length of an individual deposition varies. Generally, the more complex and acrimonious the case, the longer the deposition will be. There is no Washington law which specifically limits the amount of time a deposition may take. However, a deposition cannot be taken solely for the purpose of harassment or intimidation.

Anyone who is part of a deposition may order copies of the official transcript from the court reporter who transcribed the testimony. A witness is allowed to read and review his or her testimony. However, the contents of the transcript cannot be changed.

If you are subpoenaed to appear at a divorce deposition, you should consult an experienced divorce lawyer to learn about your rights.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including taking the taking of depositions where necessary. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Health Insurance and Divorce in Washington

One of the areas of life that seems straightforward enough when times are good, concerns adequate health care coverage. This is a topic that becomes even more serious when a separation takes place, especially when children are involved. If you and your kids are presently covered by a soon-to-be-ex-spouse’s policy, panic is an understandable reaction. Navigating the health care industry during this time of personal upheaval is not anyone’s idea of an enjoyable experience.

Unless temporary orders are in place, there is nothing to prevent a party from changing insurance benefits, however, that is highly discouraged. For every ones protection, it is usually wise to get temporary order put in place to prevent a party from changing insurance provisions, pending the entry of the final decree.

In the Child Support Order, the court will address the issues of health insurance for the children, and also the payment of uninsured medical expenses.

Heath insurance coverage will terminate for a spouse on the entry of a Decree of Dissolution (this may not be the situation in the case of a Decree of Legal Separation, where insurance may be able to continue because the parties are still married). At that point, it will be up to each spouse to acquire their own health insurance. If cost is an issue, it can be considered as part of spousal maintenance if awarded. If one spouse has health insurance through employment, the federal COBRA act may kick in, allowing the other spouse to continue coverage for a period of time under that plan, provided they pay the out of pocket expense of the employer. If there is no plan available, the spouse will then need to look for plans under their employment, individual plans, or state sponsored plans.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including child support and spousal maintenance to provide for health insurance. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Washington Child Support Arrearages

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 occur because of a failure to maintain work, inability to find work, or just simple refusal to pay. Washington judges have become increasingly strict about enforcing child support orders and collecting payments in arrears. If there is not a valid reason for the failure to pay, the court can find you in contempt. Back child support typically accrues at the statutory interest rate of 12%.

Excusing Child Support Debt. Typically, a judge cannot retroactively modify the amount required by a child support obligation. A parent can seek a modification of future support however. Doing so will help them avoid paying the high amount of support owed at the time if they are unable to do so due to reduction in wages or increase of debt. If the parent does not seek a modification, the parent who receives the child support can file to collect the total arrearage, in which case the court will require that the entire child support debt be paid.

If you are facing difficulty receiving or paying for child support, you need the support and advice of a family attorney who cares about the well being of your family. Child support debt is an issue that needs immediate attention so that your children continue to be cared for and you do not face mounting debt.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including child support modification. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Establishing Paternity: DNA Tests

Paternity tests are highly accurate methods of biological testing that are used to determine whether or not a particular man is the father of a particular child (action for Parentage). They are often necessary if the alleged father wishes to challenge the mother on the paternity of the child in question, or if there is uncertainty on the part of either parent as to who the father is. Each party must submit to genetic tests at the request of either party.

An Explanation of Genetic Material. One of the types of paternity tests available is a DNA test. Deoxyribonucleic Acid (DNA), is the genetic material present in every cell of the human body. Half of a child’s genetic material is from his or her biological mother and half from the biological father. The process of DNA testing compares the genetic characteristics of the child to those of the mother. The characteristics that cannot be found in the mother have to have been inherited from the father.

DNA Paternity Testing. The most accurate form of paternity testing possible is DNA testing. An alleged father can be completely ruled out if DNA patterns between the child and the alleged father do not match on two or more DNA probes. However, if the DNA patterns between mother, child, and the alleged father match on every DNA the likelihood of paternity is 99.9 percent. The test can be conducted from a blood sample or a Buccal strap in which a swab is rubbed against the inside of the subject’s cheek.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including parentage (paternity). We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.