Preparation for Moving Out of Home in Washington Separation

If you are about to move out of the family home, the following list are some suggestions of actions to take in advance:

1. Take your name off the lease. If your landlord is unaware of the separation and your spouse doesn’t pay the rent, then you will be held liable for anything that is past-due.


2. Take your name of the utilities (gas, electric, phone, cable, trash, paper, etc.). The same reason as above applies.


3. Forward your mail to a post office box or to a close friend or relative.


4. Make note of all address, phone numbers, and account information on mortgages, bank and credit accounts, insurance policies, pension accounts, and any other financial paperwork you will need.


5. Make copies of all tax records for the past six years. Realize that State and Federal tax agencies are not parties to a separation or divorce, so if there are back taxes owed, you will still be legally responsible for the debt.


6. Put a freeze on all joint credit accounts. Since you are legally responsible for the debt, you don't want to be paying for his spending spree when he fails to pay on the account. (This will not release you from liability of existing balances on credit cards).
7. List what is in safety deposit boxes ( it's also wise to take a picture of the contents), and take any personal items.


8. Pack up what you need, and anything you may want later, such as:

• clothing, shoes, and coats


• pictures, books, and movies, family heirlooms and mementos


• medicine, make-up, hair dryer, curler


• school and medical records, address book, journal


• furniture and appliances, dishes, pots, utensils, food


• bedding, towels, and bath supplies, cleaning supplies


• hones, computer, office supplies


• grill, outdoor equipment, tools, recreation and sports gear

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

Uncontested Divorce in Washington

The phrase "uncontested divorce" does not have any legal significance in Washington, it is merely the description of a dissolution action that is not being contested by the other side. There are basically two ways of achieving it. One is by the agreement of the parties up front. Both parties sign the Petitioner for Dissolution or a Joinder, indicating that they are in agreement (and therefore it is not being contested by the other party). While the parties are waiting for the mandatory 90 day waiting period before the decree can be entered, the responding party could change there mind, and then it can become contested. To avoid this from happening, the parties can enter into a Property Settlement Agreement, binding them to the terms that they have agreed upon.

The second way to achieve an uncontested divorce, is to file a Petition and serve it on the other party. If they fail to file a Response or respond in any way, an Order of Default can be entered against them, and then the Decree itself, according to the terms of the Petition that was filed.

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

How to Stop a Divorce After it is Filed

If a divorce has been filed and the parties reconcile, the divorce action can be dropped by agreement of the parties. The parties need to file a Voluntary Order of Dismissal, to dismiss the case with the court. If the Respondent has appeared in the action in any way (filing a Response, etc.), then the Order must be signed by both parties. If the Respondent has not yet appeared in any manner, then it is only necessary to be filed by the Petitioner (moving party). A wise approach is to make sure that the reconciliation is working before dropping the legal action, especially if there are Temporary Orders in effect.

If the parties are not in agreement to drop the action, the Respondent cannot unilaterally stop the action.

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

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.