Fastest Old Man in Ballard

This last weekend I ran in the Ballard Sons of Norway Leif to Leif 5K fun run. The race ran from the Leif Erikson statue in Ballard out to the Leif Erikson statue at Shilshole Bay, and then back again. It was a fun event, including free heart waffles after the race, and various Norwegian activities (including tasting 5 different jars of pickled herring). When the race was over and they handed out the awards, I received a first place blue ribbon in the 51 to 76 year old age category (my first blue ribbon). I think that means that I was the fastest "old man" in Ballard last Saturday.

Death and the Law

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I recently had a client come in 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, I am prepared to prepare the proper legal documents for him, but the important issues of life and death, are outside of my legal training.

In talking with him, I had to admit that I could not relate to what he was going through, and could offer him no answers to the questions like why me. The one thing I could offer him was the one thing that gives me comfort and confidence in this life, and in the life to come. That is the assurance of my salvation though faith in Jesus Christ. I shared that I have the confidence in going to heaven after my death, not due to who I am or what I have done, but simply because Jesus lived the perfect life that I should be living (but can't as hard as I try), and died the tragic death that I deserve to have (because of the sinful life I have lived). By putting my faith in Him, believing that He died to pay the penalty of my sin, I am now in right standing with God, and can therefore be in His perfect presence. His resurrection from the dead, can assure me of my life with Him after death.

The loss and sorrow of death is real, but it is extremely comforting to know that one can go to a better place. Please contact me if your are interested in more information about this, or read the following short track: Where Will You Spend Eternity

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at http://mgrlaw.com/legalarticle/Wills-and-Probate-Information.html for more information.

Criteria for Shared Joint Custody in Washington

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When the parties separate during a divorce and there are children, the determination of a Permanent Parenting Plan can often be one of the biggest issues to resolve. Frequently the the issue of shared or joint custody/residential time (joint custody) comes up. Historically that concept has been disfavored by the legislature and the courts. The old statute prohibited the court from doing this unless the parties agreed to this arrangement. The Washington legislature amended the statute in 2007, eliminating the requirement for the parties to agree to this. Currently, the statute, RCW 26.09.187(3)(b) sets out the criteria for establishing a shared residential schedule in a Permanent Parenting Plan as follows:

"(b) Where the limitations of RCW 26.09.191 are not dispositive, the court may order that a child frequently alternate his or her residence between the households of the parents for brief and substantially equal intervals of time if such provision is in the best interests of the child. In determining whether such an arrangement is in the best interests of the child, the court may consider the parties geographic proximity to the extent necessary to ensure the ability to share performance of the parenting functions."

In reality, the courts are still reluctant to award this type of arrangement, but the door has been opened, and with time the courts will be more receptive.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Washington Divorce Procedures for more information.

Criteria for a Permenant Parenting Plan Residential Schedule

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When the parties separate during a divorce and there are children, the determination of a Permanent Parenting Plan can often be one of the biggest issues to resolve. The Washington statute, RCW 26.09.187 sets out the criteria for establishing the residential schedule for a Permanent Parenting Plan as follows:

(3) RESIDENTIAL PROVISIONS.

(a) The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child, consistent with the child's developmental level and the family's social and economic circumstances. The child's residential schedule shall be consistent with RCW 26.09.191. Where the limitations of RCW 26.09.191 are not dispositive of the child's residential schedule, the court shall consider the following factors:

(i) The relative strength, nature, and stability of the child's relationship with each parent;

(ii) The agreements of the parties, provided they were entered into knowingly and voluntarily;

(iii) Each parent's past and potential for future performance of parenting functions as defined in *RCW 26.09.004(3), including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child;

(iv) The emotional needs and developmental level of the child;

(v) The child's relationship with siblings and with other significant adults, as well as the child's involvement with his or her physical surroundings, school, or other significant activities;

(vi) The wishes of the parents and the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule; and

(vii) Each parent's employment schedule, and shall make accommodations consistent with those schedules.

Factor (i) shall be given the greatest weight.

(b) Where the limitations of RCW 26.09.191 are not dispositive, the court may order that a child frequently alternate his or her residence between the households of the parents for brief and substantially equal intervals of time if such provision is in the best interests of the child. In determining whether such an arrangement is in the best interests of the child, the court may consider the parties geographic proximity to the extent necessary to ensure the ability to share performance of the parenting functions.

(c) For any child, residential provisions may contain any reasonable terms or conditions that facilitate the orderly and meaningful exercise of residential time by a parent, including but not limited to requirements of reasonable notice when residential time will not occur.

At trial, the Court will examine each of these factors to determine what is the best interest of the child(ren), and establish the Permanent Parenting Plan.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at http://mgrlaw.com/legalarticle/Family-Law-Information.html for more information.

Criteria for Determining a Temporary Parenting Plan

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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 criteria for establishing the residential schedule for a Temporary Parenting Plan as follows:

RCW 26.09.197 Issuance of temporary parenting plan — Criteria.

After considering the affidavit required by RCW 26.09.194(1) and other relevant evidence presented, the court shall make a temporary parenting plan that is in the best interest of the child. In making this determination, the court shall give particular consideration to:

(1) The relative strength, nature, and stability of the child's relationship with each parent; and

(2) Which parenting arrangements will cause the least disruption to the child's emotional stability while the action is pending.

The court shall also consider the factors used to determine residential provisions in the permanent parenting plan.

The court is relatively conservative, tending to preserve the status quo as much as possible. That tends to mean that the pattern the parties have voluntarily set up in the past, is likely to be a guide for the court to use in setting the residential schedule for the future, unless there is a reason for doing things differently.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at King County Divorce Lawer for more information.

Washington Prenuptial Agreements

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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 them dies. Some couple wait until after they are married to make these agreements, then the contract is a marital agreement.

In general, a Washington Prenuptial Agreement is more likely to be enforced by a court if the contract is fair and if both parties are honest and clear about their finances, including income, assets (including values), and liabilities. Sometimes a couple will not follow the agreement while they are married, and this can make the agreement unenforceable.

Prenuptial Agreements are very complicated and are often not enforced by a court if they are not carefully written. Attorneys can help make an agreement more enforceable. It is a good idea for both parties to have independent legal advice (meaning each of you have different attorneys) and help in drafting the contract.

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

Page Limits in King County Family Law Motions

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Are your aware that there are limits to the number of pages you can file in a motion for a family law hearing in King County, Washington? Well there is, and it has been in effect for a couple years. The reason for this is that the court has to read the paperwork for numerous hearings, and the volume of reading was becoming burdensome.

The moving party is limited to a total of 25 pages, and that applies to the total of the documents submitted, including any reply (so don't use up all your pages initially, save some for reply). The responding party is limited to a total of 20 pages. In counting the pages, you do not include any Exhibits, the Financial Declaration, or any expert reports or evaluations. If you submit more pages than allowed, you risk the court stop reading anything beyond the page limit, the court continuing the hearing and making you submit documents within the page limits, or other sanctions by the court.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at King County Divorce Procedure for more information.

How to Stop a Washington Divorce in Progress

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Occasionally, after a party has started a divorce action in Washington (Dissolution of Marriage), they change their mind, and decide they want to stop the legal proceedings. This may be for a variety of reasons, including reconciliation, guilt, change of mind, giving it another try, etc. As an attorney, I would never stand in the way of the reconciliation of the marriage, but sometimes it is worth letting the legal action sit for a while, while you pursue reconciliation. I would strongly encourage marital counseling. If after a while it is successful, then we can dismiss the legal action. If it does not work, we can proceed from where we left off, and not have to go back and start all over again (costing additional time and money).

The procedure we go through to stop the legal action depends upon where we are in the process. If the other party has not appeared in the action or filed a Response, we can unilaterally dismiss the action with a Voluntary Non Suit. If the other party has appeared and filed a Response, then the petitioning party cannot just unilaterally dismiss the action. It will take the agreement of the parties to dismiss, by filing an Agreed Order of Voluntary Dismissal.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Federal Way Divorce Information for more information.

Confirmation of Issues in King County Washington Divorce

In King County Washington, a divorce is governed by a Case Schedule with a list of critical dates, starting with the date of filing and ending with the Trial Date. About 3 ½ months after filing, a Confirmation of Issues is due. This is an administrative document that tells the court if you are on schedule to meet your trial date. It tells the court if all the pleadings have been filed (generally the Petition and Response), gives the names, addresses and phone numbers of the parties and their attorneys, and informs the court of any parenting issues, to determine if the case needs to be referred to Family Court Services for mediation and/or investigation for a Parenting Plan.

If the parties fail to file the Confirmation of Issues, then they are required to appear at a Status Conference about a month after the due date for the Confirmation of Issues. At the Status Conference, the court will want to know why you did not file the Confirmation of Issues and what issues need to be addressed to get the case back on track. These are merely administrative processes, and do not affect the outcome of a case (unless you fail to comply, which could result in the court dismissing your case).

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Kent Divorce Attorneys for more information.

Motion for Default

When a person is served with a lawsuit, there is generally a Summons that states they must respond within a certain amount of time, typically 20 days if served with in the State of Washington, or 60 days if they are severed outside the State of Washington. To protect themselves, they should file a Response to Petition within that time period, filing a copy with the court and delivering a copy to the petitioner or their attorney. The Response to Petition addresses all of the allegations in the Petition, by either admitting or denying them. By filing a Response, it puts the case at issue so that it can proceed to trial. If a person fails to file a Response, the court (and the petitioner) do not know what issues are being disputed.

If no Response has been filed, the moving party (petitioner) can file a Motion for Default, defaulting the responding party (respondent) out of the lawsuit. If that happens, the petitioner can go to court and get everything they have asked for in their Petition (although they cannot exceed what they have asked for). In a Dissolution of Marriage, there is still the 90 day waiting period in Washington that must expire before you can enter the final Decree of Dissolution to dissolve the marriage. To avoid the default from being entered, the respondent must file the Response.

If the respondent has not appeared in the action in any fashion (phone call, letter, signature or formal papers, etc.), then the petitioner can file the Motion for Default without even giving the respondent any notice. If the respondent has appeared in the action, then the petitioner must give them notice of the Motion for Default, so that they have an opportunity to respond.

If you have been served with a Summons and Petition, make sure you put in a timely Response to Petition. If you are the Petitioner and the respondent has not filed a Response, you can file a Motion for Default and enter a Decree along the lines of your Petition, without having to wait for your trial date.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Seattle Divorce Law Firm for more information.

How Much Does a Divorce Attorney Cost?

This is a very difficult question to answer. It is like asking "How much does a car cost?" The answer depends upon the year, make, model, condition, etc. You get the idea.

Most attorneys in family law cases charge by the hour for their time. The hourly rate the attorney charges typically depends upon their experience. The attorney who charges the lowest rate may not be as proficient or knowledgeable, and therefore not the least expensive to you.

Most attorneys will charge an advanced fee deposit to be paid up front. This deposit should go into the attorney's trust account, meaning it is your funds, not the attorney's. The attorney should send out a monthly bill, summarizing the costs incurred and attorney fees used on your case. Those costs will then be deducted from the trust account. In many cases, you will be requested to replenish the trust account to maintain a minimum balance for future work.

The amount the attorney requests to be placed in the trust account will usually depend upon his/her evaluation of the case. The simpler the case frequently the less required. The more difficult the case frequently the more required. More complicated cases typically require more work, necessitating the larger balance. Frequently we break it down depending upon whether 1) all issues are agreed upon, 2) some issues are not agreed upon, or 3) whether an order to show cause is necessary for the entry of immediate temporary orders. Other issues that can affect it are whether there are children (requiring a Parenting Plan and Order of Child Support), or complicated property issues (separate property, retirement benefits, etc.).

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Washington Family Law Help for more information.