MOGREN GLESSNER & ROTI

Divorce and Taxes

2010-10-27T11:32:00.000-07:00

Divorce often presents tax issues that need to be resolved, including those relating to property and debt, spousal maintenance, child support and sometimes previously filed (or yet to be filed) tax returns. Because of the complexity and high stakes associated with divorce and taxes, this area is one in which you should try to keep the communication open and the emotions out. It will only benefit Uncle Sam if you file separate tax returns out of spite when filing jointly is beneficial. Do not assume that you will be able to claim all deductions and exemptions. That will only lead to fines, penalties and audits if you are wrong. Make sure that all tax-related issues are settled and clearly stated in your Property Settlement Agreement and/or Decree and Order of Child Support. Several issues arise related to divorce and taxes:

1. Filing Status: How are you going to file your taxes? Determine the most financially feasible way to file. Typically, filing a Married Joint Return will result in the lowest taxes. Hint: Do not look at a joint return as any kind of “attachment” to your spouse; this decision is strictly financial. If you are divorced before December 31 of the tax year, you cannot file a joint return for that year.

2. If you do sign a joint return, the law holds both you and your spouse responsible for the entire tax liability. This is called joint and several liability. Joint and several liability applies not only to the tax liability you show on the return but also to any additional tax liability the IRS determines to be due, even if the additional tax is due to income, deductions, or credits of your spouse or former spouse. You remain jointly and severally liable for the taxes, and the IRS can still collect from you, even if you later divorce and the divorce decree states that your former spouse will be solely responsible for the tax obligation. If you are going to do a joint return after separation, you should use a CPA or qualified tax preparer to avoid any mistakes or problems.

3. If you have wrongfully been held responsible for your spouse’s obligation, you can claim that you are an “innocent spouse” and file the appropriate forms with the IRS. Here, you argue that you did not know, and had no reason to know about any under reporting of income or other wrongdoing associated with the filing of the return and therefore should not be held responsible for paying any additional taxes, penalties or interest due.

4. Exemptions: You may claim a child that does not live with you only if it is stated in your Order of Child Support or if mutually agreed upon. Allocation of the tax dependency exemption may be modified by the court upon the filing of a Petition to Modify by either party. If it can be shown that it would be in the best interest of the child for the non-residential parent to claim the child as a tax dependency exemption, the court can award the exemption to the non-residential parent. Where there is more than one child of the marriage and one of the parties has a small amount of income, the tax dependency exemption and child tax credit may not be taken advantage of if that party claims all of the children. At certain income levels, claiming more than one child may not increase the tax refund of the lesser earning parent, whereas the party with greater income could save thousands of dollars each year if the tax dependency exemptions are properly allocated. For this reason, allocation of the tax dependency exemptions is a very important part of every divorce with minor children.

5. Liabilities and Refunds: Taxes owed, or refunds received for time periods before the separation, are usually treated as “community” assets/liabilities and are therefore, split equitably between the parties. In the heat of the moment, some spouses will intercept a tax refund and cash it without the other’s knowledge. All funds must be accounted for and it is likely that if a spouse engages in this behavior their share of the final property settlement will be reduced.

6. Child Support and Maintenance: Child support is not considered income for the receiving parent and is not deductible for tax purposes for the paying parent. Spousal maintenance is considered income for the receiving parent (they must pay income taxes on the money received), and is tax deductible for the paying parent.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at Seattle Divorce Lawyers for more information.

Columbia Gorge Half Marathon

2010-10-25T09:12:00.001-07:00

Sunday I ran the Columbia Gorge Half Marathon (13.1 miles) with 2 friends. It rained at the start but then stopped. It was a beautiful route on the old highway, looking down on the Columbia River and the gorge. We ran much faster than anticipated, and amazingly I finished 2nd in my age catagory.

Dividing a Business Interest

2010-10-22T10:24:00.000-07:00

When one party to a divorce is either self employed or has an ownership interest in a business, there are typically two issue that arise. The first, as discussed in my prior blog entry, is determining that persons actual income for child support and/or spousal maintenance purposes. The second issue, which is the topic of this entry, is to determine the actual value of the business interest for property division purposes.

A business is can not only be a source of income, it is also an asset to be divided. Like any other asset (house, retirement, car, investment, etc.), before we award the asset to one party or the other, we need to know its value.

In many small businesses, especially sole proprietorships with no employees, it it is a service business, it may have no value other than as a job or source of income. There may be the value of the assets, equipment, inventory and accounts receivable, but there is no value of the business itself that would be bought or sold by a third party. Therefore there is no additional value to be considered in the divorce in dividing assets. No one would pay money to purchase your [plumbing, contractor, hair cutting, etc.] business, when they could just open up their own business.

In many other businesses, the business is more than just a job, it is an ongoing concern that would have value to a third party who would pay money to purchase it. If the owner died, the business could still continue and flourish. In these cases, the issue becomes, how do we establish a value. The best way to determine the value of the business is to hire a business appraiser. They are professionals who have expertise in valuing businesses. They will look at the tax returns and bookkeeping records of the business, the type of business and its future, the value of similar businesses, and other relevant factors to determine its value.

Once we have determined a value of the business, it can be added to the spreadsheet to determine a fair and equitable division of all of the assets.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at Seattle Divorce Lawyers for more information.

Income of a Self Employed Party

2010-10-20T09:02:00.000-07:00

When one party is either self-employed or has an ownership interest in a business, there are two issues that arise in a divorce case. The first is the parties actual income for child support and spousal maintenance purposes, and the second is the value of the business interest for property division purposes.

Frequently it is critical to determine the income issue first, as it is not uncommon to go to court within a few weeks of filing to determine child support and spousal maintenance in temporary orders. Support is primarily based upon the need vs. ability to pay, and the parties income is a critical component to the ability to pay.

It is not uncommon for a self employed person to understate their income. This can be done in a number of ways, including:

Payment of personal expenses from the business (such as auto expenses, phone and other utility bills, insurances, entertainment, food, etc.).

Unreported income like cash payments.

Money paid from the business to someone else (like parents, children, girlfriends, etc.) for services never rendered, that may eventually be given back.

It is critical to get as much information and documentation as soon as possible. It the client has access to business records, this is quickest and least expensive method. If not, the information can be subpoenaed (income statements, balance sheets, statement of accounts, tax returns, check registers, bank statements, etc.). Also the personal bank records can show unaccounted for deposits (presumably unreported income). Loan and credit card applications are also useful, as the parties state under oath what their income is (and for loan purposes, they tend to overstate the income while for court purposes they will understate their income).

Determining the income of a self employed person can be difficult, because they frequently have a lifetime pattern of hiding their income. There is a wealth of information contained within the financial documents that an experienced business mind can help organize and asses. If your spouse is self employed and has potentially hidden their income, you should consider discussing your case with an experienced family law attorney.

In my next post, I will talk about small business valuation.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at Renton Divorce Lawyers for more information.

Equal vs. Equitable

2010-10-19T13:41:00.000-07:00

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 of assets and and unfair result considering all of the circumstances of the parties.

In Washington the legal standard is the division of assets and liabilities that results in a fair and equitable division. If the parties cannot decide what this is, then the court will divide things as the court deems fair and equitable.

If the two spouses have equal standards of living (income and expenses) at the time of divorce, and equal division of assets may be fair. If however they do not have equal standards of living (one has been a homemaker while the other has advanced their career), one may require a greater share of the property to cushion the income loss they will suffer at divorce. In that situation, the court may deem it fair and equitable to give that spouse a greater than equal division of the assets.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at Seattle Divorce Lawyers for more information.

Talk to an Attorney by Phone?

2010-10-14T14:07:00.000-07:00

Can I talk to an attorney by telephone? Yes, if you call our office, we usually have an attorney available to take your phone call in person. If no one is available, we will try to return your call within a few hours. If you have a brief question, we will try to assist you by phone. If you have complicated facts or questions, it is usually better to set an appointment with an attorney so we can get all of the relevant information and fully discuss the issues with you. If you have a question, please feel free to call us at 425-255-4542.

Half Marathon

2010-10-12T09:55:00.000-07:00

Well, I just ran my first half marathon (13.1 miles) on Labor Day. My daughter and I trained over the summer and had fun running and finishing the race together. It was a great accomplishment for both of us.

Life Insurance Beneficiary

2010-06-22T14:55:00.000-07:00

If you are in the process of or have recently completed your divorce, you need to consider changing your life insurance beneficiary. If the policy names your spouse, they may receive it even if you are divorced. You should check with your life insurance agent and update your beneficiary. If you are still in the process of the divorce, if there are restraining orders in effect, you may be precluded from changing the beneficiary until after the divorce is finalized.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at Seattle Divorce Lawyers for more information.

Drug and Alcohol Evaluations

2010-06-11T10:03:00.000-07:00

Frequently in parenting disputes, there are allegation of drug or alcohol abuse. Drinking and/or drug usage is not necessarily an issue to the court unless it affects a persons ability to parent. The court wants to know how it has historically affected their parenting skills. Are they intoxicated around the child? Do they pass out when caring for the child? Does it affect their anger and ability to communicate effectively? Does it affect their judgment? Have their been issued of neglect or abuse in the past due their use? The answers to these types of questions tells the court whether their needs to be restrictions due to their drug or alcohol abuse.

When their are allegations that are denied, and the court does not know for sure, it is not uncommon for the court to order a drug and alcohol evaluation by a state licensed facility. Frequently the court will want the evaluation to include an interview, written questionnaire with collateral contacts (including the opposing party), criminal background check, random monitored U.A.'s, and a written evaluation. The evaluation should be released to both sides, the court, and Family Court Services (if involved).

If the evaluation identifies a problem and gives a recommendation, the court will usually require compliance as a condition to ongoing visitation.

The court is trying to balance the interests of allowing contact between the parent and child with protecting the child's safety. The court will seldom deny visitation. In severe cases, the court can allow supervised visitation only. More likely, the court will enter a restraining order, prohibiting the party from using or being under the influence of alcohol or drugs during, or for 12 hours prior to, any visitation.

The court can also provide that if the other party suspects that the parent is under the influence, that they can demand an immediate U.A., and stop the visit. If the U.A. comes up dirty, there is no visitation until they follow treatment or come back to court. If the U.A. is clean, the requesting party has to pay the cost, and make up visits are to be scheduled immediately.

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 Renton Divorce Attorneys for more information.

Child Support Deviation - Possession of Wealth

2010-06-08T10:11:00.000-07:00

In Washington, child support is calculated based upon the comparative net income of the respective parents. From this, a standard calculation is determined. The court may deviate from this number in determining the amount of the actual transfer payment. The standards for deviation are found in RCW 26.19.075.

One of the listed reasons for deviation is RCW 26.19.075 (1)(a)(vi), which states:

Possession of wealth, including but not limited to savings, investments, real estate holdings and business interests, vehicles, boats, pensions, bank accounts, insurance plans, or other assets;

To my knowledge, this reason has not been interpreted by the courts, leaving it wide open for argument on what is meant. I don't think this would mean typical middle class savings, investments and assets. For the legislature to include it, they must have meant the possession of substantial wealth or abundance. That still leaves it wide open for interpretation and argument before 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 Washington Child Support for more information.

Valuation of Assets

2010-05-28T09:00:00.000-07:00

A frequent question that comes up in divorce cases, is what date do we use to value assets. The short answer is the court will want to use the date of trial, however for settlement purposes, we will use the date of the settlement. There are always exceptions to the rule however.

For a house, the court will usually use the date of trial fair market value, and also the date of trial balance on the mortgage to calculate the equity. Frequently the person living in the house will have been paying down the mortgage during this time. The court usually assumes that that is offset by living in the home "rent free" during that time.

A more difficult issue can be 401(k)'s or IRA's. The asset at separation is community property. Earnings after separation are separate property. Therefore, contributions after separation (either by the employee or employer) are separate property. The difficult issue to determine, is if the value goes up, what portion of the increase is due to increase in market value (which would be community) versus increase due to contribution (which would be separate). If we have all of the data, we can calculate this, but sometimes it can be difficult or time consuming to do it (especially if there have been changes in investments).

If bank account have not been touched, they would be valued at trial. Typically however, someone has had the use of the checking account, and have made deposits and written checks for bills. In that case, we typically use the date of separation value.

Automobiles are typically valued at trial. An exception would be if you get in an accident or have mechanical problems after separation. Then we would use the value at separation before the problem (as that is the individuals responsibility, not the community's).

Valuing assets can be a difficult challenge, not only in determining the value, but in deciding the timing to do so. A good family law attorney can help you navigate through this process.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at Bellevue Divorce Lawyer for more information.

Importance of Service in a Divorce

2010-05-13T14:43:00.000-07:00

Why is service in a legal action so important? We have a constitutional right to due process. That means you have to have 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. If you ignore that service, then the moving party can take a default judgement against you, receiving what they petitioned for. In Washington, the summons requires you to respond within 20 days (60 if you are being served outside of the state). If you appear, the moving party cannot take a default against you without giving you notice first. The proper way to respond is to file a Response to Petition with the court, and serve a copy on the petitioner or their attorney. Do not ignore service of process.

There are a variety of ways to be served. The best way is to get personal service on the other party. They must be served by someone other than a party to the lawsuit, and they must be 18 years of age and of sound mind. They should file a Declaration of Service in the court file, verifying that it has been done. You can also get substituted service, by serving an adult who lives in the house with the respondent. In some cases, if you cannot locate the respondent, you can get court permission to serve them by mail or by publication in a local newspaper. If the other party was not properly served, and did not have notice, and you take a default, you run the risk of them coming back several months later and moving to vacate the default, and starting the action all over again.

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.

How to Prepare for a Settlement Conference

2010-05-05T14:13:00.000-07:00

Frequently in a divorce, the parties engage in a settlement conference prior to trial in hopes of settling the case and avoiding a trial, saving the financial and emotional cost of trial. Settlement conferences usually have a settlement master who is independent (often a retired judge or practicing family law attorney) and assists the parties in reaching a settlement. The following are some ideas that help the parties reach a settlement at a settlement conference.

First, do your homework in advance. Complete all discovery so that everyone knows all the facts. Next, present this information to the settlement conference master in an organized fashion. This should include a cover letter that gives the background of the case, and all the necessary information on all the relevant issues (parenting plan, incomes of the parties, child support, spousal maintenance, property and debt division, restraining orders, etc.). You should include a spreadsheet of the division of the assets, and documentation showing the value of all assets. You should income income verification and Child Support Worksheets. You should include your proposed Parenting Plan.

You need to organize and present all the information necessary to prove your case. While it is not a trial, you need to document your position. All of this information should be submitted to the settlement conference master (and the opposing party/attorney) at least 2 days in advance of your settlement conference. You should also receive the other party's documents and letter at the same time. This will give you some time to understand their position and prepare arguments and find documents against it.

Once you have submitted your documents, you then need to prepare yourself mentally for settlement. This is not a trial, and to settle a case, usually both sides must do some "give and take". It is also important to try to understand what your objective is and what the other sides objective is. Sometimes there are emotional issues that are more important than the dollar amount. If you know what they are, and are willing to "think outside the box", sometimes you can be creative and find a solution that meets both sides objectives.

One of the most important suggestions is to listen to your settlement conference master. He will have read both sides information and will be approaching it objectively as a trial court would. You need to listed to his opinion, because if the case goes to trial, chances are the trial judge will read the case the same way the settlement conference master did. You and your attorney are biased in your favor. The other side is biased in their favor. This is your opportunity to hear a neutral opinion on the case prior to trial. Listen and be willing to settle.

Finally, figure out what the differences are between the two sides, and what the dollar value of that is. Compare that with the cost and risk of trial. Is it worth it to go to trial? It may be, but don't assume that going to trial means that the judge will agree with you. After hearing the case, the judge may agree with the other party, and you would have done better with the results of the settlement conference. What will your attorney charge you to prepare for trial, and to go to trial. Trials can be very expensive (more than the value of what your are arguing over). Realistically evaluate the risks.

Office Remodel

2010-05-04T09:57:00.000-07:00

Please excuse our mess during our office remodel. We have just signed an extension of our office lease, which comes with tenant improvements, including new carpeting and paint. Unfortunately, that means we have to move out of the office space for a long weekend, while they come in and paint and re-carpet. They have started doing some of the work, like stripping the wallpaper in our lobby. At the moment, things look a little sparse (pictures off the wall) and dirty (paint in the carpet). The office is still functioning fine, it is just a little inconvenient for our clients and not as aesthetically pleasing. Hopefully when the process is complete, it will be enjoyable for all. Thank you for your patience.

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.

Contempt - Jail

2010-05-03T11:04:00.000-07:00

Court Orders are serious matters. They are to be complied with. If a person does not obey a court order, the other party may bring a Motion for Contempt. Contempt is not designed to punish a person, but to coerce them to abide by and follow the Court Order.

When the Court is faced with a Motion for Contempt, they want to know why the person did not comply with the Order. Did they know about the Order? Did they have the ability to comply with it? Was there a reasonable explanation as to why they did not comply? If the person did not have the ability to comply and explains it to the Court, they may not be found in contempt. If they had the ability to comply and simply chose not to do so, they need to be prepared to face the wrath of the Court.

When there is contempt, the Court will usually impose sanction to encourage them to follow the Order. This may start small and include the costs and attorney fees of the other party, and may include financial penalties. Ultimately, if the party refused to comply, the Court can and will impose jail time. This is usually the last resort, but it is used to get the party's attention. The court may impose one day of jail, with an order to comply in a reasonable amount of time (one week). If they fail to do that, the Court can then have in place an order for additional jail time.

Again, the purpose of the jail time is not to punish, but to get compliance with a Court Order. Typically, jail will do that to a person. Last week, i had the Court impose jail time against an opposing party who refused to obey a Court Order in favor of my client. It was a sobering experience.

What's so good about Good Friday?

2010-04-02T15:12:00.000-07:00

Today is Good Friday. It is the day in history when Jesus Christ was crucified on the cross some 2,000 years ago. It is sometimes considered a sad day, as the man who claimed to be the messiah, God himself in the form of a man, was killed. With his death came the end of a dream for his 12 disciples and thousands of other followers.

The good news, is that it was not the end of a dream. Three days later, on Sunday morning, he rose from the grave, and then appeared to hundreds of people before ascending into heaven where he sits at the right hand of God Almighty. His resurrection provides us the confidence of knowing that we can enjoy eternal life with him. The key to having that benefit, is having a relationship with him.

God is a holy God, and cannot tolerate the presence of sin. The reality is we have all sinned. The only exception was Jesus, who lived the perfect life. God's holy nature requires a punishment for sin. We can pay that yourself, or let someone else do it for you. That someone else however, must have lived a perfect life. That was Jesus. In his death on the cross, he took God's wrath, so that we do not have to.

The reason we call it Good Friday, is because it is the day that Jesus died. Why is it good that Jesus died? Because you (and I) do not have to if we believe! That is why Christians celebrate Good Friday and Easter.

While this may seem to be off topic on family law and wills and probate, I really do not think it is. We all face life and death decisions, and this is probably the most significant weekend in our calendar to think about it.

Fastest Old Man in Ballard

2010-03-29T09:07:00.000-07:00

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

2010-03-23T09:33:00.000-07:00

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

2010-03-19T12:49:00.000-07:00

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

2010-03-18T09:29:00.000-07:00

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

2010-03-17T09:49:00.000-07:00

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.

Washington Prenuptial Agreements

2010-03-16T14:01:00.000-07:00

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

2010-03-15T10:14:00.000-07:00

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

2010-03-12T13:30:00.000-08:00

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

2010-03-04T08:57:00.000-08:00

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).

Motion for Default

2010-03-03T08:45:00.000-08:00

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?

2010-03-02T11:36:00.000-08:00

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.

Risk of "Do It Yourself" Divorce

2010-01-14T09:10:00.000-08:00

Today, many people decide to handle their own divorce, without the necessity of an attorney. This is much easier to do today, especially in Washington, as there are mandatory forms with instructions to help people to do it themselves.

Unfortunately, without the assistance of an attorney, there are many problems that be created, because the typical person does not know the issues to look for. The following are some of the problems that I have seen over the years:

Being too general.

Failure to list assets, especially retirement funds, assuming they go to the person who earned them (bad assumptions).

Failure to include the legal description of real estate.

Failure to provide security for a transfer payment.

Failure to specifically spell out how and when a lien (transfer payment) is to be paid off.

Not being specific enough in the Parenting Plan.

Filing in Lincoln County instead of the county where they reside, making enforcement and/or modification in the future more difficult.

These problems may not be obvious at first, and are not realized until months or years later. When they do become obvious, they are much more difficult and expensive to unravel. You can do your own divorce, but you assume the risk of doing so. When you have an attorney do it, they assume that risk for you, and have the professional training and experience to do it properly. If you do it yourself, at a minimum you should have an attorney review your paperwork, so that obvious errors can be identified.

Preparation for Moving Out of Home in Washington Separation

2009-12-04T09:59:00.000-08:00

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

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.

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

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

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.

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.

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).
List what is in safety deposit boxes ( it's also wise to take a picture of the contents), and take any personal items.

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 Talk to Divorce Lawer for more information.

Uncontested Divorce in Washington

2009-12-01T14:21:00.000-08:00

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 Renton Divorce Site Map for more information.

How to Stop a Divorce After it is Filed

2009-11-30T15:50:00.000-08:00

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 Seattle Divorce Lawyers for more information.

How to Serve Spouse if you Cannot Locate Them?

2009-11-24T11:12:00.000-08:00

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 Washington Divorce Lawers for more information.

Debt Division in Washington Divorce

2009-11-03T09:34:00.000-08:00

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

2009-10-29T09:56:00.000-07:00

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

2009-10-15T10:48:00.000-07:00

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

2009-10-05T10:41:00.000-07:00

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

2009-09-22T09:06:00.000-07:00

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

2009-09-21T16:20:00.000-07:00

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.

Pretrial Conference In King County Divorce

2009-09-18T09:00:00.000-07:00

In King County Washington, the clerks monitors cases with a Case Schedule to make sure the parties and their lawyers are ready for trial. The trial judge will typically schedule a Pretrial Conference about a month before the scheduled trial date. The purpose of this conference is to inform the court of the issues and to make sure everyone is ready for trial on the trial date.

If there are attorneys involved, the attorneys will handle the pretrial conference (typically by telephone) and the client's do not need to appear. If you do not have an attorney, you will need to appear in court.

The judge will ask questions about the case, and then write out an Order From Pretrial Conference. The judge will indicate the estimate of the number of days the trial will last and the issues that will be addressed (parenting plan, child support, maintenance, property, etc.). The court will indicate if anyone has any conflicts with the scheduled trial date, whether the parents have attended the "What About the Children" seminar, whether the parties have attended alternative dispute resolution, and whether there is a parenting evaluation. The court will then order dates by which the parties exchange exhibit and witness lists, create joint statement of evidence, trial binders, pretrial motions, briefs, and proposed final documents. The court can then address any special arrangements that need to be made.

The Pretrial Conference helps the parties, attorneys and judge to be ready so that the trial can go as smoothly as possible.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. When settlement is not possible, we also take our cases to trial. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Discovery in Washington Divorces

2009-09-03T08:22:00.000-07:00

On the procedural level, a divorce entails a number of distinct phases over a period of time. One of the most important phases is known as discovery.

At its core, discovery is about revealing details relevant to a particular case. It involves the legal representatives of either party seeking information from the other side, under the penalty of perjury if these facts are withheld or falsified.

Common Discovery Methods

Attorneys go about obtaining evidence for a case (“conducting discovery”) in a number of distinct ways. Some of the more common approaches include:

Interrogatories - A list of broad questions about the case, such as information regarding employment, assets, debts, care of children, living expenses, and other issues of the marriage. This is a procedure requiring the other party to answer the questions in writing.

Request for Production of Documents - Apart from the information found in answers to interrogatories, divorce cases are designed to encompass a broad range of potential pieces of evidence, including deeds, bank statements, tax returns, bills, pay stubs, receipts, etc. This is a procedure to have the other side provide the requested documents that are in their possession and control.

Request for Admissions - Basically a safety-net designed to ensure accuracy of information, a request for admissions seeks to have the other side admit or deny a specific allegation.

Depositions - Probably the most direct and immediate of discovery procedures, a deposition works much like a testimony on the stand, with the legal counsel of one party putting questions to a witness under oath.

Subpoena – This is a procedure demanding that a third party provide relevant documents in their possession. An example would be bank statements or canceled checks from a bank, or income or pension information from an employer.

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

Difference Between Divorce and Annulment

2009-09-02T08:29:00.001-07:00

There are two legal ways to end a marriage in the State of Washington. The first way, the Dissolution of Marriage (frequently called divorce), is the ending of a valid marriage through a process that restores the parties' single status and gives them the ability to remarry. The second way, Declaration of Invalidity (frequently called an annulment), completely erases the marriage as if it never existed at all.

While a divorce recognizes that a marriage did exist, a Declaration of Invalidity (annulment)legally declares that the marriage never technically existed and was never valid. Annulments, like divorces, can be initiated by either the husband or the wife. The party that initiates the annulment must be able to prove whatever grounds he or she alleges. Divorce, however, does not require proof of whatever grounds for the divorce are alleged. Such things as "irreconcilable differences" do not require that the parties show exactly what the differences that can't be resolved are.

For a Declaration of Invalidity (annulments), the following are the legal basis under RCW 26.09.040 for declaring that the marriage is invalid and should be erased:

the age of one or both parties

lack of parental or court approval

a prior undissolved marriage of one or both parties

reasons of consanguinity (closely related by blood)

a party lacked the capacity to consent to marriage because of mental incapacity, influence of alcohol or other incapacitating substance

a party was induced into entering into marriage by force, or duress, or by fraud involving the essentials of marriage

Additionally, the court must find that the parties have not ratified the marriage by voluntarily cohabiting after attaining the age of consent, or obtaining the capacity to consent, or after cessation of the force or duress or discovery of the fraud

Just like in a divorce, once that is determined that the marriage is invalid, other related issues must be resolved. The assets and debts must be divided, custody of any children must be determined, child support and spousal maintenance, restraining orders, attorney fees, and other appropriate issues.

Pet Custody Disputes in Washington

2009-09-01T11:01:00.000-07:00

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. Under Washington law, a pet is considered just another piece of property, but many pet owners see their favorite animals as much more than that.

Contrary to popular belief, many animals do not see their human caregivers as interchangeable sources of food and shelter. Dogs, cats, and other animals do have different relationships with different people, including varying levels of closeness and willingness to obey. In other words, it does matter which person a pet ends up living with after a separation. Unfortunately, the law has not been updated to reflect this reality. Many family law judges are unfamiliar with animal behavioral issues, and may not take pet custody disputes seriously. As a result, most divorcing couples with pets are left to settle the matter between themselves.

Some couples agree on a joint custody arrangement; perhaps the pet will alternate homes each week or so, or perhaps one owner will have custody on the weekends. Unfortunately, many pets find this amount of moving around very stressful. The matter can be further complicated if one owner moves out of state or suddenly refuses to let the former spouse visit the pet.

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

Motion to Adjust Child Support in Washington

2009-08-31T10:35:00.000-07:00

Separate and distinct from a Petition to Modify an Order of Child Support, either party may file a Motion to Adjust Child Support. The substantive and procedural laws are different in a Motion to Adjust.

In a Motion to Adjust Child Support, the court is limited in what it can do. It cannot modify any and all provisions in the Order of Child Support. Primarily, all the court can do is adjust the amount of the transfer payment. The court does not have the jurisdiction to change other provisions like who gets the tax exemptions. This would take a Petition to Modify the Order of Child Support.

Under Statute, RCW 26.09.170, a person can adjust child support under 3 primary scenarios. 1) once every 24 months if there has been a change in income of one of the parties; 2) once every 24 months if there has been a change in the Child Support Schedules (there will be one in Washington effective October 1, 2009); 3) once every 12 months and a child has changed age categories (from under age 12 to over age 12); and 4) once every 12 months and the existing Order of Child Support specifically provides for an adjustment to happen more frequently than every 24 months. If one of these scenarios are in effect, you can file a Motion to Adjust Child Support.

Procedurally there is a great difference between a Petition and a Motion. In a Petition to Modify, you are given a trial date, which in King County usually takes place on affidavit only (no oral testimony) and is scheduled about 4 months later. A Motion can take place much quicker, it can be scheduled in about 2 weeks and be resolved at that point. It takes place on the Family Court Services daily calendar.

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

Child Support Modification Procedure in Washington

2009-08-28T08:50:00.000-07:00

The Order of Child Support can be modified in Washington if there has been a substantial change in the circumstances of the parents or the child. In this blog we will discuss the procedure involved to do this.

Filing for Modification of Child Support requires filling out the mandatory forms, including Summons, Petition for Modification, Child Support Worksheets, and financial verification (6 months wage stubs, 2 years tax returns, 6 months bank statements). You then serve copies on the other parent, and file them with the Court who will schedule a hearing. If the other parent is receiving welfare benefits, the County Prosecuting Attorney must be served as well.

In King County, a trial is scheduled in about 4 months after filing. It is a trial by affidavit, meaning that there is usually no oral testimony, it is all submitted in writing (declarations) in advance, with brief oral argument by the attorneys at the trial. Typically, both parties submit their declarations to the court and to each other 2 weeks before the trial date. Each party may then submit responding declarations 1 week before the trial.

Because the court accelerates the trail schedule in support only modifications, the court discourages temporary motions to adjust child support pending the trial. The court however has the ability to modify child support retroactive to the date of filing the action.

If both parties agree and the Order meets the State mandatory Child Support Schedules, they can get the Order of Child Support approved by a judge without the need of a formal hearing.

In my next post, I will discuss the difference between a Petition to Modify Child Support and a Motion to Adjust Child Support.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the 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.

Child Support Modification in Washington

2009-08-27T11:38:00.000-07:00

The Order of Child Support can be adjusted through a child support modification procedure if there has been a substantial change in the circumstances of the parents or the child. Some examples include when one or both parents' income has substantially increased or decreased; if the child now spends a greater amount of time with one or the other parent; or if the child has special needs, including special schooling or medical care.

If your Order of Child Support is registered with the State Division of Child Support and at least three years have passed since it was entered, the State will assist you in getting child support modified administratively at no charge to you. However, this process takes much longer than doing it on your own.

With the new changes in the Washington State Child Support Schedule effective October 1, 2009, there will probably be an increase in the number of Petitions for Modification of Child Support. These statutory changes could significantly change the amount of child support paid or received. If you think your child support could change, you should consult with an attorney to see what child support may be.

In the next post, I will discuss the procedure involved in a Petition to Modify Child Support.

Alcoholism and Child Custody in Washington Divorce

2009-08-26T13:14:00.000-07:00

Alcoholism is a larger problem in society than most would guess. While some people consider themselves merely "social drinkers," they might in fact be alcoholics that rely on alcohol to have a good time. Alcoholism is a disease, like any addiction. While it is not nearly as serious an allegation in a child custody battle as drug abuse is, it is still serious.

When a parent is said to be an alcoholic and the other spouse has evidence to back it up, that becomes an issue for the court in setting up the Parenting Plan (custody). There is statutory basis for the court limiting a parents involvement in parenting when alcoholism is an issue.

The issue is not just that the parent consumes alcohol, but that their alcohol use affects their ability to parent. The biggest problem with alcoholism is that while a parent is drunk or out drinking, that parent is not paying attention to the children and seeing to their needs. In addition, alcohol compromises a person's judgment and may lead that parent to do some pretty risky things with the kids in the car.

When the parent's judgment is compromised due to alcohol, the risks for the children go up.
Courts are supposed to award the custody of the children to the parent that will be able to care for them best and keep them safe. Alcoholism impedes the ability of a parent to do this and so the children are at risk.

When alcoholism is an issue, the court will frequently order an alcohol evaluation, and sometimes require the parent to follow the recommendations (treatment). The court can condition visitation on the parent following through on these conditions. Sometimes the court will include a restraining order, that the parent not drink or be under the influence of alcohol during the visits. Sometimes the court will allow a parent to demand a urinalysis test if they suspect the other parent being under the influence during a visit. The court can also require the visit to be supervised if the parent cannot control their drinking.

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

Washington No Fault Divorce

2009-08-19T15:51:00.000-07:00

In Washington, the legal basis for the dissolution of a marriage is that the marriage is irretrievably broken. It only takes one party to allege this. Unless the court were to find that the petitioner was induced to file by by fraud or coercion, the court must grant the petition. There is nothing else the respondent can do to prevent the dissolution of the marriage.

Other "ground" or behaviors are not a basis for divorce, and therefore not admissible for that purpose. The court will not allow testimony regarding unfaithfulness, affairs or other fault.

Some "fault" may be admissible for other purposes. If it is relevant to the issue of parenting, it could be admissible. Domestic violence is admissible for the purpose of showing the need for restraining orders. When it comes to the issue of property division, the statute specifically states that the division must be made without regard to misconduct. An exception to this can be if a party dissipates community assets.

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

Dividing Non-Qualified Retirment Benefits in Washington Divorce

2009-08-17T15:50:00.000-07:00

Pension and other retirement benefits are generally considered property subject to distribution by the Court in a dissolution action. A qualified pension plan (under the ERISA tax code) can be divided in two primary methods. The first is to determine it's value and awarding it to one spouse. The second is to divide the benefit between the spouses, typically using a Qualified Domestic Relations Order (QDRO). Today, we will look at dividing non-qualified plans.

Individual Retirement Accounts (IRA's) are not qualified so a QDRO is not necessary. They can be awarded or divided in the Divorce Decree with simple language specifying who gets it.

Washington State pensions, including Public Employees' Retirement System (PERS), Teachers' Retirement System (TRS), School Employees' Retirement System (SERS), Law Enforcement Officers' and Fire Fighters' Retirement System (LEOFF), Washington State Patrol Retirement System (WSPRS), Judicial Retirement System (JRS), and Judges' Retirement Fund (JRF), all require special statutory treatment for division, rather than a QDRO. Specific information on these pensions can be found at the following web page http://drs.wa.gov/member.

A family law attorney can advise you on how retirement benefits can fit into a fair division of assets, and help in getting them valued. QDRO's need to be approved by both the court and the pension administrator. Be sure to have your QDRO reviewed by an attorney.

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

Dividing a Washington Pension Using a QDRO (Qualified Domestic Relations Order)

2009-08-14T08:48:00.000-07:00

Pension and other retirement benefits are generally considered property subject to distribution by the Court in a dissolution action. A pension plan can be divided in two primary methods. The first is to determine it's value and awarding it to one spouse. The second is to divide the benefit between the spouses, typically using a Qualified Domestic Relations Order (QDRO). Today, we will look at the second option.

The second method in awarding a pension is to use a Qualified Domestic Relations Order (QDRO) to divide the benefit now, so that both spouses will share the benefit at retirement age. The QDRO can award either a specified monthly dollar amount to be paid at retirement, or a percentage of the amount accrued or to be paid. This can be done with all qualified retirement plans, such as the Boeing Employee Pension or Boeing 401(k) (VIP), or retirement accounts of other businesses.

The QDRO must be signed by the Court, and a certified copy sent to the pension administrator. They must then decide if it is truly a "qualified" order. If not, they will typically send a letter explaining the problems, and it must be redrafted to meet the requirements of thier plan or the IRS. If it is approved, they will then process it in a timely fashion.

The same can be done with a 401(k) plan, where the QDRO can award a spouse an interest in the retirement benefit in a divorce without incurring any penalty and without any tax, as long as it is rolled over into another tax deferred vehicle (IRA).

In my next entry, I will discuss the division of retirement benefits that are not "qualified" under the IRS regulations.

Valuing a Washington Pension in Divorce Using an Actuary

2009-08-13T09:06:00.000-07:00

The first method in awarding a pension, is to find the present value of the future stream of benefits, and then giving the benefit in its entirety to the spouse. The pension fund will typically give us the amount of the monthly benefit at retirement (usually age 65), but will not tell us what that is worth in today's dollars. To value the pension, we send the information (payment amount, date of birth, expected date of retirement, date of employment, date of marriage, and pension information) to an actuary, who uses life expectancy tables and projected interest rates to determine its present value in today's dollars. This benefit can then be awarded in its entirety to one spouse. In this case, to have a fair and equitable division of assets, the other spouse would probably be awarded other assets to offset this value (possibly their own pension, the house, or something else).

In the next entry, I will address the second method, of actually dividing the pension between the two spouses, so they both receive payments at the time of retirement.

Division of Pension Plans in Washington Divorce

2009-08-12T08:27:00.000-07:00

Pension and other retirement benefits are generally considered property subject to distribution by the Court in a dissolution action, whether or not the benefits are vested. The law considers these benefits to represent deferred compensation. This means they were accrued during the marriage and belong to the marital community, rather than being earned after divorce (at retirement) and belonging to the spouse whose employment generated them.

There are many types retirement benefits to consider in a property division, including IRA's, pension plans, 401K's, government plans, union plans, stock options, sick leave, vacation time and deferred compensations.

A family law attorney can advise you on how retirement benefits can fit into a fair division of assets, help in getting them valued, and determine the best way to divide them.

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

Procedure to get Temporary Orders in King County

2009-08-05T11:11:00.000-07:00

Hearings for family law temporary motions take place in the family law court room, in either the King County Courthouse in Seattle or the Maleng Regional Justice Center in Kent. All of the evidence for the hearing is contained in the written declarations submitted to the court in advance. The hearings take place with oral arguments only (no oral testimony).

To obtain a Temporary Order in King County, a minimum of fourteen (14) days notice must be given the other party and the Court (including service of all the necessary documents), unless an emergency exists. If you have been served with a Motion for Temporary Orders by the other side, your written response and other documentation you want the Court to consider must be submitted by noon, four (4) court days prior to the hearing. The party bringing the motion is then entitled to file a brief reply, to be filed by noon, two (2) court days before the hearing.

The process to start the motion is either with a Motion and Note for Motion Docket, or an Order to Show Cause. Typically you use an Order to Show Cause when you are starting a process and the other party has not yet formally appeared, you need immediate restraining orders put into place pending the hearing, or it is a Motion for Contempt. In most other cases, a simple Motion and Note for Motion Docket is appropriate.

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

Washington Temporary Divorce Orders

2009-08-04T08:28:00.000-07:00

In King County, the trial date for a dissolution is set for approximately eleven months from the time of filing. Typically, the parties cannot wait 11 months to get things resolved, there needs to be some "ground rules" set during this time. While awaiting the trial, either party may move the Court for Temporary Orders.

The temporary orders can include a Temporary Parenting Plan (defining both parents rights and responsibilities toward the children), temporary child support, temporary spousal maintenance, and temporary restraining orders. The Orders can include restraints against disposing of any property except in the usual course of business or for the necessities of life; molesting or disturbing the peace of the other party or of any child; temporary use and occupancy of the family home; going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child; temporary use of automobiles; or removing a child from the jurisdiction of the Court.

A temporary order, temporary restraining order, or preliminary injunction does not prejudice the rights of a party or any child at the time of trial. Temporary orders may be revoked or modified; and they terminate when the final Decree is entered.

Interviewing a Washington Divorce Lawyer

2009-07-27T16:10:00.000-07:00

Many people hire the first lawyer they meet. Others interview several lawyers before deciding which one to hire. How many you interview may depend on how much time you have, the urgency of your situation, how many lawyers there are to choose from and how quickly you find one you like.

Tell the lawyer about your situation. Take a list of your assets and debts and sources of income with you. A copy of the last several years' tax returns can also help speed the discussion and make it more meaningful. A narrative or outline of the important events in your relationship with your spouse can also be helpful.

Make a list of things you want to discuss and take it with you to the interview. Ask questions. Then ask more questions. Listen carefully to the answers and write them down. Review the answers later and think about them. Listen not only to the information the lawyer gives you, but also to the way it is presented. Think about how the lawyer related to you. While a lawyer may be appropriately optimistic about your case, do not hire a lawyer simply because that lawyer predicts a better outcome than another lawyer.

Here are some questions you might ask when interviewing a divorce lawyer:

• What is likely to happen to me?
• How much property will I get?
• How much support will I get?
• How much support will I have to pay?
• Do I have a choice of courts?
• Does it make a difference?
• Do you have associates or paralegals?
• How do you decide who does what work on my case?
• Are you reachable by phone?
• If I call and you aren't available, how is my call handled?
• How much do you charge for travel time, secretarial time, photocopies, postage, faxes, long distance calls, mobile phone calls, supplies, computer use or anything else other than your time?
• What expenses do you pay from the money I pay you and what do I have to pay directly?
• Under what circumstances would you refund all or part of my retainer fee?
• Do you have any personal feelings about the positions you would have to take if you represented me?
• How often are you out of the office in court, at conventions, on vacation, and for other things?
• How do you cover my case at those times?
• How much do you know about the judge who will decide my case if it goes to trial?
• Do you think we can work together?
• Will you be available at the times that are convenient for me?

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

How to Select a Washington Divorce Lawyer

2009-07-24T09:54:00.000-07:00

When asking for names of lawyers, when interviewing lawyers, and when deciding which lawyer to hire, different things are important to different people. For example, a person of limited means may be most concerned about cost. Another person may require experience with a certain type of family law problem. Decide what is important to you and select accordingly.

Here are some criteria to consider in choosing an attorney:

Cost. While local market conditions such as supply, demand and competition determine in large part what lawyers charge, there can be a significant variation in fees. Generally, better known, better established lawyers charge more. The quality of representation you get may or may not be worth the higher price they charge. There are often highly skilled and experienced lawyers available who charge less because they are not yet as well known and are therefore not in such demand. A lawyer in this category can be an excellent value.Even if cost is very important to you, it is false economy to reject a referral because you are told that a lawyer charges for a first consultation. Although some lawyers may give useful information and advice in a free consultation, there is a chance that a lawyer who is not charging for the time will treat the meeting more as a sales session and not feel obligated to deal with substantive issues. Even if your purpose is to interview the lawyer in order to help you decide whom to hire, you will not learn enough about the lawyer unless you talk about your case and hear what the lawyer really thinks about it.
Gender, age, race, religion, national origin. Competent lawyers come in all sizes, shapes, genders, colors, religions and ages. None of these factors has anything to do with the lawyer's ability. Irrespective of the lawyer's ability, your comfort level is important if the relationship is to work. If you are inclined to hire a lawyer that you feel a common background with, there is no reason why you shouldn't. Just be sure you are not being swayed by stereotypes.
Credentials. There are objective factors that may help you evaluate the lawyer's professional competence and appropriateness for your case. Although mere membership in professional organizations may not mean a lot, active participation in the work of the organization is one mark of a lawyer's involvement in the specialty. Publishing articles, books and treatises on family law and teaching other lawyers are even better indicators of experience, competence and reputation. The length of time in practice, and the amount of family law experience are also important criteria.
Personal compatibility. You must feel comfortable with the lawyer you hire if you are to work effectively together. If you are not comfortable with a lawyer you interview, you should probably trust your instinct and not hire that person, even if you cannot isolate the cause of your discomfort. The relationship between lawyer and client in a family law matter is especially important. You will be telling the lawyer intimate facts of your life and the lawyer may have to give you advice and information that you may not like. Be sure the lawyer is one to whom you can talk and listen.
Location. The location of the lawyer's office may or may not be important, depending on the circumstances. Here are some things to consider.It is a great benefit to be able to go conveniently to your lawyer's office to meet and work on your case. And if the lawyer's office is far from the courthouse, you may have to pay for the lawyer's travel time. On the other hand, lawyers sometimes represent clients who have never seen the lawyer's office, especially in large, sparsely populated areas where it is common for lawyers to travel long distances to court, to depositions, and to meetings.

How to Find a Washington Family Law Lawyer

2009-07-23T09:19:00.000-07:00

Selecting a lawyer to represent you in your divorce is more than just picking a name; it means establishing a close and sensitive relationship that will continue for months and perhaps years. It is important to find and hire the person who is right for you and your case.

The first difficult issue in the process is getting the names of qualified lawyers from which to pick from. The following is a suggestion of sources to find an attorney for you.

From other professionals. Lawyers, accountants, psychotherapists, members of the clergy and other professionals meet and work with divorce lawyers in the course of their work and are often a good source of referrals. Ask them for the names of family law specialists with good credentials and reputations and whose qualifications are most appropriate to your case. Lawyers, in particular, are aware of the reputations of other lawyers, even those outside their specialty, so a lawyer you already know and trust can be an exceptionally good referral source. If you need a divorce lawyer outside your geographical area, divorce lawyers in your area often know who the best people are in other regions.

From organizations. Your state bar may have a process for identifying lawers whose practice emphasises family law, and may give you names and referrals. While having an emphasis is no absolute assurance of quality, it usually requires a certain proven level of experience, study, and interest in the field. Washington does not certified specialists in any area of the law. The American Academy of Matrimonial Lawyers is an organization with a rigorous screening procedure which admits only qualified specialists. The American Bar Association and most local bar associations have family law sections. Although any lawyer can join these sections with no screening or testing, lawyers who belong may have a higher level of interest and involvement in the field of family law than those who don't.

Referrals from other persons. You may have friends or relatives who have gone through a divorce. They are a good source of information about lawyers, with two qualifications. Every client and every case is different, so it is difficult to evaluate the performance of a lawyer in someone else's case. Also, the lawyer-client relationship is highly personal. So while the impressions of a former client about a lawyer are useful, you should meet the lawyer and make your own judgment.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at http://www.mgrlaw.com/ for more information.

7 Tips if You are Considering Divorce

2009-07-07T15:28:00.000-07:00

If you are considering a divorce or legal separation, the following are some tips to consider before you take any legal steps.

Copy Important Records: Make copies of important records such as tax returns with all schedules (at least three tax years), pay stubs, bank records (account statements and checking account registers), investment records, title/deeds for cars, homes, etc., and debt information such as credit card statements.

Consider Your Immediate Financial Needs: It may be weeks or months before you begin to get financial assistance from your spouse. Consider how you will meet your financial needs in the interim. Make a budget and identify ways to reduce your immediate needs. Know what your debt payments are. Identify sources of emergency cash such as bank accounts, credit card cash/PLC advances, loans from family members, and loans against other assets such as IRA’s and 401(k) accounts. Be aware of any tax consequences or penalties that might be incurred if you withdraw retirement funds.

Explore Your Alternatives: Will you be leaving your home or will your spouse be leaving? Who will the children live with? How will you afford new housing, including utility and rental deposits and moving costs? Do you have friends or family members with whom you can stay? Do you have suitable accommodations for overnights visits with your children?

Protect Your Credit: In order to avoid liability for debts your spouse might incur without your knowledge, notify all of your creditors that you want the accounts canceled because you are separating from your spouse. You will no longer be responsible for your spouse’s future charges, however, you will still be responsible for past charges. The notification should be in writing (keep a copy).

Consider What’s Best for Your Children: If you have children, think about their needs during this difficult period. Contact divorce support resources if necessary (these can be found through the child’s school, pediatrician, or community resources guides). Try to limit the amount of conflict the children are exposed to and do not involve them in the legal proceedings. If at all possible, let the children adjust to the separation before making changes to the child’s home, school, or other major support systems.

Obtain Appropriate Legal Assistance: If you can afford a private attorney, plan how you will pay a fee retainer. Obtain recommendations from friends, professionals such as counselors, or community resource guides. Ask questions about the attorney’s hourly rate and fee retainer. Find out how long the attorney has been practicing family law, and what percentage of their practice is in family law. If you cannot afford to retain an attorney, identify your other options such as a volunteer ("pro bono") attorney, low-income legal resources, free attorney consultations, "do-it-yourself" seminars, software and books. You might also explore "unbundled legal services": having an attorney assist you with only portions of the legal proceedings (such as preparing documents that you will file on your own behalf) which will reduce your legal expenses.

Educate Yourself and Your Children: Read books about the divorce process, talk to family members and friends, and know about the effects of divorce on children. Use age-appropriate explanations to talk with your children about what the marital separation will mean to their lives and what changes they can expect. Attend individual counseling or group sessions, if necessary.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at http://www.mgrlaw.com/ for more information.

Communication Between Lawyer and Client

2009-07-06T10:59:00.000-07:00

A. The Importance Of Communication
The lawyer-client relationship works best when the two of you are able to communicate -- not only about the facts of your case, but about your working relationship. Information should flow both ways between you and your lawyer. Just as your lawyer should satisfy your need for information, you should provide your lawyer with all information that your lawyer requests. Advice based on incorrect or incomplete facts may be worse than no advice at all. If you do not understand the advice you are given, or find it hard to accept, tell your lawyer. If, for example, you do not understand why your lawyer is recommending that you accept or reject a particular settlement proposal, you should ask why the recommendation is being made. Only by giving your lawyer the opportunity to explain things will you know whether there is a real problem to be addressed.

B. Financial Information
Your lawyer will ask you for financial information, and perhaps ask you to fill out a questionnaire. Financial information includes income, expenses, assets, and liabilities. Your lawyer may also want to see papers such as income tax returns, paycheck stubs, statements of savings and investments, employee benefit statements, and papers regarding your debts. Your cooperation in getting this information to your lawyer, although time consuming, is essential to the proper preparation of your case.

C. Marital History
Your lawyer may also ask you to prepare a history of your marriage which includes personal as well as financial information. Where the custody of your children is in dispute, more than financial information will certainly be necessary. In addition to a history, some lawyers ask their clients to keep a diary of events related to the divorce. Complete candor, including any negative facts about yourself, is crucial.

D. Keeping in Touch
Your lawyer will be communicating with you. There may be periods of inactivity, but when something important happens, your lawyer will want to let you know. If you move, or are planning to be away, be sure your lawyer knows where you are.

E. Calling Your Lawyer and Returning Calls
Lawyers work on more than one case at a time and the practice of matrimonial law requires lawyers to spend time in court, at depositions, in conference, and on the telephone. So you should not expect your lawyer always to be available immediately when you call. You should, however, expect that your lawyer, or a staff member, will respond to your telephone calls promptly. If an emergency arises, tell the person who answers the telephone that it is an emergency and explain the situation. No matter how upset you are, be courteous to your lawyer's staff. Likewise, if your lawyer calls and leaves a message for you to call back, you should do so as soon as possible. Your lawyer will understand that you also have commitments that may make you temporarily unavailable. Your lawyer will appreciate your calling during regular business hours. But most lawyers will make every effort to be available when needed for a real emergency.

F. Being Available
You and your lawyer will have a hard time communicating if you are not available to each other. Before hiring any lawyer you should consider whether your schedules are compatible. If you can't meet with your lawyer during normal business hours, make that clear before you hire the lawyer. Remember that your lawyer is a human being, entitled to free time. If you expect your lawyer to be available evenings or weekends, say so in advance so that the lawyer can decide whether to take your case under those conditions.

G. Correspondence
When you receive correspondence from your lawyer, read it and respond. Delay in responding to correspondence could be harmful to your case.

H. Your Involvement In Other Legal Proceedings
If at any time during your divorce, you are involved with any other legal proceeding, such as criminal, traffic, juvenile, probate, tax, bankruptcy or a civil lawsuit, let your lawyer know as soon as possible. It may affect your divorce.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at http://www.mgrlaw.com/ for more information.

What You CANNOT Expect From Your Lawyer

2009-07-01T08:40:00.000-07:00

Your lawyer will not handle matters that are beyond the scope of your agreement. The lawyer you have hired to represent you in your divorce will not usually represent you in other matters unrelated to your divorce, unless the two of you specifically agree otherwise. For example, if you need legal assistance in selling your home, preparing your will, or defending against a civil lawsuit, it will be necessary to make specific arrangements with your lawyer, or to hire another lawyer, possibly in the same firm, with the appropriate specialization or expertise.
Your lawyer cannot guarantee results. The eventual outcome of your divorce depends on the facts, the law, how the judge views your case, and other factors. Every case is different. Although your lawyer may express an opinion on possible or probable outcomes, nobody can be sure of the result until it happens.
Your lawyer cannot do anything unethical or illegal. Lawyers work under very strict legal and ethical codes and take them very seriously. If you ask your lawyer to do anything unethical or illegal, your lawyer will refuse. If you insist, your lawyer will withdraw from your case. Examples of forbidden conduct are: encouraging or permitting perjury, hiding assets or income, and in any manner deceiving the court or the other side.
Your lawyer may be reluctant to act against the best interests of your children. A lawyer's first duty is to look out for the client's best interest. Yet divorce lawyers are also concerned about the welfare of the children and some ethical guidelines encourage lawyers to keep the children's interest in mind.
Lawyers and Clients Should Maintain an Appropriate Professional Relationship. Sometimes friendships and even romances develop between lawyers and clients. Many lawyers have close personal friendships with former clients. But because of the intense emotional nature of a divorce, it is usually best for lawyers and clients to defer establishing a social relationship until after the case is over. Romantic relationships are not advisable as they interfere with a lawyer's objectivity and affect a client's expectations. A divorce lawyer and a client should never have a sexual relationship during the case.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at http://www.mgrlaw.com/ for more information.

What You Can Expect From Your Lawyer

2009-06-30T15:41:00.000-07:00

Whenever a relationship is established, its participants form expectations of each other. The lawyer-client relationship is no different. And as in any other relationship, lawyers and clients have rules and boundaries which govern those expectations. Some expectations are appropriate; others are not. Here is an overview of what you can expect of your lawyer.

Having the assistance of a skilled lawyer during your divorce gives you the security of having someone on your side who knows what to do. Furthermore, you will have someone you can talk to in confidence about your situation and how best to deal with it. Lawyers provide a variety of specific services for clients going through a divorce. These services include:

Consulting with you
Educating you about the law and facts
Devising and carrying out case strategy
Investigating the law and the facts
Preparing and reviewing documents
Negotiating a settlement
Preparing and filing all necessary court papers
Preparing you to testify
Preparing other witnesses to testify
Hiring experts and appraisers
Conducting discovery
Responding to discovery initiated by your spouse
Preparing for court appearances including trial
Conducting trials and hearings
Advising you about what to expect.
Advising you on conduct and alternatives
Taking the heat for tough decisions

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at http://www.mgrlaw.com/ for more information.

Social Security and Divorce

2009-06-26T14:56:00.000-07:00

The divorce court has no authority over Social Security benefits. They are federal benefits that the federal government can give or take away. They are not an asset for the court to distribute in divorce.

If your marriage is nearing the ten-year mark, and you're thinking of getting a divorce, here's one reason to stick around for a little while--at least if your spouse earns more money than you do.

Under current Social Security laws, a divorced spouse can get benefits on a former husband's or wife's Social Security record if the marriage lasted at least ten years. The divorced spouse must be 62 years of age or older and unmarried.

If the spouse has been divorced at least two years, he or she can get benefits on account of the worker's record, even if the worker is not retired. However, the worker must have enough credits to qualify for benefits and be age 62 or older. The amount of benefits a divorced spouse can receive has no effect on the amount of benefits a current spouse can receive.
Here are a few factors to consider:

You may be entitled to more Social Security benefits on your own record than on your ex-spouse's record if you have a more consistent work history than your ex-spouse and if you have typically earned more money.

If you are substantially younger than 62 you may well be skeptical about whether the Social Security system will be around in its current form by the time it is your turn to collect your benefits.

The rule requires you to remain single--but it may be more advantageous for you to marry rather than remaining single simply to preserve the right to these benefits.

For additional information see Social Security Online.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including divorce. Please visit our web page at http://www.mgrlaw.com/ for more information.

Washington Interrogatories

2009-06-22T13:57:00.000-07:00

Interrogatories are part of the discovery process in a legal action. Discovery is where the attorneys are trying to find out information from the other party about their case. It may be information that is helpful to maintaining your case, or helpful in defending you case.

Interrogatories are simply written questions, that must be answered in writing under oath. The receiving party has 30 days to answer the interrogatories. Sometimes interrogatories are paired with Request for Production of Documents, that requires the party to submit copies of relevant documents.

If you have been served with Interrogatories, it is wise to have an attorney review them before submitting them to the other party.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. We typically send Interrogatories to the other party as part of the discovery process. Please visit our web page at http://www.mgrlaw.com/ for more information.

Decision Making in Washington Parenting Plans

2009-06-17T09:16:00.000-07:00

Parents have the responsibility to make decisions and perform other parental functions necessary for the care and growth of their minor children. In Washington, a Parenting Plan contains a provision for decision making authority. The Parenting Plan allocates decision making authority solely to one parent or jointly to both parties regarding the child's education, health care, religious upbringing, and other major decisions (which include joining the military, marriage, drivers license, body piercing, tattoos, etc.). The parties may incorporate an agreement related to the care and growth of the child in these specified areas, or in other areas, into their Parenting Plan. Regardless of the allocation of decision-making in the Parenting Plan, either parent may make emergency decisions affecting the health or safety of the child. Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent.

When mutual decision making is designated but cannot be achieved, the parties shall make a good-faith effort to resolve the issue through the dispute resolution process, as provided for in the Parenting Plan. This may involve counseling, mediation or arbitration. If this does not resolve the issue, then the parties may bring a motion in court to resolve the dispute.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including establishing Parenting Plans in family law actions. Please visit our web page at http://www.mgrlaw.com/ for more information.

Washington Spousal Maintenance

2009-06-15T13:36:00.000-07:00

In Washington, the concept of alimony was replaced with spousal maintenance. Maintenance is based upon what the court ultimately determines is just, including the resources of the party requesting maintenance including the assets to be received and the need for child support, time needed to get training to become employable, the standard of living established during the relationship, the duration of the relationship, the age and condition (physical, emotional or financial) of the party requesting maintenance, and the ability of the paying spouse to meet his/her needs while paying maintenance.

There are always two issues that need to be addressed with spousal maintenance. The first is how much, and the second is how long. Unfortunately there is no scientific formula to determine either of these. It is more of an art than it is a science. A good, experienced family law attorney can give you an idea of what you might expect from your trial judge.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including determining spousal maintenance is divorce actions. Please visit our web page at http://www.mgrlaw.com/ for more information.

Post Secondary Education Expense

2009-06-01T13:50:00.000-07:00

With high school graduations taking place, it it time to consider the issue of paying for college expenses. In Washington, the court does not have the authority to order a married couple to pay for the children's college education, it is left up to the parents to decide, what if any, contribution to make.

In the event of a divorce, the court has the authority to determine post-secondary education. It is basically the continuation of child support beyond age 18 or graduation from high school, although the method of computation is different. The first issue the court must decide, is whether or not to order it. Factors the court considers is whether the parents went to college and whether they would have contributed had there not been a divorce. In most cases today, the court orders the parents to contribute.

The second issue, is how much the parties must pay. There is not a set formula, it is up to the parties to agree, or the court to determine what is reasonable. Typically, the court will cap the expense at the cost of attending the University of Washington. This way the child can attend any school they want, but if they go out of state or to private school, the parents are not obligated to pay beyond the cost of the local public institution. If the child attends a lesser expensive institution, the actual cost would be used. The court will usually use the posted cost of attendance at the institution for tuition, room and board, fees, transportation and personal expenses.

The big issue is frequently how to split the expense. It is typically split between the parents based upon their comparative net incomes. The bigger question is typically how much, if any, the child should pay. The answer depends upon the trial judge, it all depends.

It is important to remember that you must make a formal court request for post-secondary education support before the underlying obligation of support terminates.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including post secondary education and Child Support Modification actions. Please visit our web page at http://www.mgrlaw.com/ for more information.

Renton Family Law Lawyer Peter Mogren

2009-05-28T09:28:00.000-07:00

I thought I would take this opportunity to tell you something about myself. I joined our law firm in 1980, became a partner in 1985, and became managing partner in 1987. My practice is primarily focused on Family Law (divorce, custody, support, modification, relocation, property division, parenting plans, parentage, etc.), Estate Planning (Wills, Community Property Agreements, Durable Power of Attorneys, etc.), and Probate.

I was born in Seattle, Washington, in May, 1955, and was raised here my entire life. As a child I was on the local J.P. Patches, Stan Boreson, and Captain Puget television shows. I received my B.A. in Business Administration and Accounting from Seattle Pacific University in 1977. I then received my J.D. from the University of Oregon (Go Ducks!) in 1980.

I was admitted to the Washington State Bar Association in 1981, and also admitted to practice before the U.S. District Court, Western District of Washington. I am a member of the Seattle-King County, South King County and Washington State Bar Associations. I am also a member of the Christian Legal Society.

I am married and have 2 children in college. I enjoy running (5K's), skiing (both water and snow) and working with my church youth group (I lead a small group of Senior High School guys every week).

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, estate planning and probate. Please visit our web page at http://www.mgrlaw.com/ for more information.

Changes to Washington Child Support Law

2009-05-22T09:38:00.000-07:00

Governor Gregoire just signed a new law changing how we calculate Child Support in the State of Washington. This is the first update to the Child Support Schedules in years. The new changes will go into effect October 1, 2009.

Some of the changes to the child support calculations are as follows:

The Child Support Schedules start at combined net income of $1,000 instead of $600.

The Child Support Schedules continue to a combined net income of $12,000, instead of stopping at $5,000 (presumtive) and $7,000 (advisory).
Some overtime and 2nd job income can be excluded from income.
The deduction for retirement contributions from gross income is increased from $2,000 to $5,000 per year.
The method of determining income to be imputed to a parent when records are lacking has been expanded in a heirarchy.
Health care costs (to be shared) have been defined.
The minimum support payment has been increased from $25 per child per month to $50 per child per month.

This could have a significant effect on many Child Support Orders, increasing the amounts that will be due in the State of Washington. If you would like to have your child support order reviewed to determine the amount of child support under the new laws, please call our office.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the determination of Child Support and Child Support Modification actions. Please visit our web page at http://www.mgrlaw.com/ for more information.

Washington Adoptions

2009-05-21T13:57:00.000-07:00

Adoptions are an important legal process of terminating the biological parent's legal rights and responsibilities, and establishing them for the new adoptive parents. Because there are significant legal and constitutional rights involved, it is important that the process is done correctly. We strongly advise you to have legal representation through this entire process. At our firm, we do many adoptions (full, step-parent, DSHS, etc.) and can make sure they are done completely and efficiently (saving you time, concerns and money).

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including adoptions. Please visit our web page at http://www.mgrlaw.com/ for more information.

Christian Lawyers, Washington

2009-05-18T11:36:00.000-07:00

All of the lawyers at Mogren, Glessner & Roti are active and professing Christians. Our faith in Jesus Christ affects who we are and how we practice law. Whether it is estate planning, probate, family law, adoptions, or personal injury, what we believe has an impact on how we see the world we live in and how we relate to the clients we come in contact with.

We represent clients of many faiths and beliefs, but because of our christian values, we strive to treat all clients with respect and dignity. Without compromising our client's positions, we strive to do the same with opposing parities and attorneys. We try to practice with the highest of ethics.

Please call visit our web page at http://www.mgrlaw.com/ to get additional information, or call us at 425-255-4542 to schedule an appointment.

Renton Attorney, Ronald Glessner

2009-05-14T08:44:00.000-07:00

Ronald E. Glessner has been a part of our firm since 1981. He became a partner in 1985. Ron's practice includes personal injury, family law, wills and probate, and criminal misdemeanor.

Ron was born in Aberdeen, Washington, in January 1947. Ron graduated from Warner Pacific College with a B.S. in 1970. He became an ecologist with the Environmental Protection Agency from 1972 to 1978. During this time he did graduate work in environmental studies at Oregon State University. He then got his J.D. from the University of South Dakota in 1981.

Ron was admitted to the Washington State Bar in 1981 and also admitted to practice before the U.S. District Court, Western District of Washington. Ron is a member of the Christian Legal Society, Seattle-King County and Washington State Bar Associations; and Washington State Trial Lawyers Association. Ron's hobbies include skiing, boating and most sports.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, estate planning and probate. We have four attorneys to assist you in your legal needs. Please visit our web page at http://www.mgrlaw.com/ for more information.

When to Change Your Washington Will

2009-05-11T15:36:00.000-07:00

Clients often ask us when it is appropriate to make a change in the provisions of their wills. The following is a brief listing of when you might want to make a change to your will.

1. Marriage: A new, post-will spouse can take a share of the estate if not mentioned in the will.

2. Separation: If a person dies while separated from their spouse, their separated spouse will still receive their share of the estate under the old will, or their intestate share if there is no will. To avoid this, a new will would need to be prepared disinheriting the separated spouse.

3. Divorce: The will is revoked as to a divorced spouse, so former provisions for the spouse may pass as residue or by intestacy.

4. Death of Spouse: Major tax consequences to estate plan of family may require revision of the plan.

5. Birth of New Child: Failure to name or provide for all children entitles omitted child to take an intestate share of the estate. One can disinherit children, but this must be specifically stated.

6. Change in Personal Representative: You may want or need to change the executor, trustee or guardian named in your will. The named person may be too old to serve or no longer be close to the family.

7. Change in Financial Condition: You may want to give more or less wealth to more, different, or fewer people, and review and revamp your tax strategy.

8. Change in Law: The laws may change and you can change your estate plan to make the law your friend rather than your adversary.

The above list gives several reasons for changing your will. We recommend that your review your will and estate plan annually, to see if the provisions you made are still applicable.

Our firm offers estate planning documents like Wills, Community Property Agreements and Power of Attorneys. Please visit our web page at http://www.mgrlaw.com/ for more information, or call us at 4252-255-4542 to schedule an appointment.

Renton Attorney, Ruth A. Roti

2009-05-08T13:40:00.000-07:00

Ruth Roti has been a part of our firm since 1990. She became a partner in 1992.

Ruth was born in Renton, Washington. Ruth graduated from Central Washington University in 1972, the Edmonds Community College Paralegal Program in 1977, and got her J.D. from the University of Puget Sound in 1989. Ruth worked as a paralegal at Abbott & Curtis from 1977 to 1987 before going to law school.

Ruth's practice is emphasized in the area of wills and probate, adoption, and family law. Her hobbies center around gardening and enjoying her family and grandchildren. She also enjoys hiking and biking.

Newborn (Off Topic)

2009-05-06T08:09:00.000-07:00

As a proud father, I just wanted to share with you a drawing my daughter made, called "Newborn". She entered it in the SeaTac Youth Art Exhibit and was one of the winners. She plans to continue and major in art in college next year.

Paternity Declaration in Washington

2009-05-05T13:32:00.001-07:00

Did you know that paternity (parentage) can be determined by the signing of a Paternity Declaration? If you sign one (typically at the hospital at birth, but it could be at any time), after 60 days, it can have the same force and effect as a Court Order determining Parentage. This can save a substantial amount of time and money should you need to establish your legal rights. You can skip the entire legal process of establishing parentage (since it has already been done), and all you have to do is file a Petition for Parenting Plan and Child Support. With this, the court is just interested in establishing a Parenting Plan, defining both parents rights and responsiblities of the child, and setting our child support for the child.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including parentage actions. Please visit our web page at http://mgrlaw.com/attorneys/testimonials.html for more information.

Welcome Seattle Attorney Cynthia Stewart

2009-05-01T08:57:00.000-07:00

We would like to introduce you to our new attorney, Cynthia D. Stewart. Cindy was raised in Kent, Washington. She got her BA from Central Washington University in 1997 and her J.D. from Regent University in Virginia in 2000. She has experience in management and accounting. Her hobbies include her dogs, the outdoors and reading.

Cindy joined us in August 2008 and has been with us for about 9 months. She is focusing her practice at this time on family law and wills and probate.

Settlement Conference, King County

2009-04-22T14:52:00.000-07:00

When parties and/or their attorneys are miles apart in settling a case, one of the most effective tools I have found is to do an informal settlement conference. The parties agree to hire a retired judge or experienced attorney. Both parties submit in advance, their settlement proposal with supporting documentation. The settlement conference master then meets with the parties at one office, but separate rooms. He then tells the parties that he understands the strengths and weaknesses of both parties positions based upon what they have submitted. He then tells one side what he thinks, and then goes and tells the other side. When he comes back, you have the freedom to tell him what you like and don't like, and authorize him to take your offer to the other side. He then does that, giving his opinion with it. He then does shuttle diplomacy with both sides, trying to work out a settlement. If we reach an agreement, we typically draft up a CR2A Agreement that is binding on the parties. Later the formal court documents are drafted and submitted to the court.

This process is highly effective because we have an independent, experienced and knowledgeable person going between the rooms. We are not just splitting the difference, we are trying to work out a settlement that is similar to what the trial judge might do. If we can know what that result would be in advance, there is usually no reason to spend the time, emotions and money to go to trial.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. We frequently use settlement conferences to settle cases short of trial. Please visit our web page at http://mgrlaw.com/SiteMap.html for more information.

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Relocation of Children in Washington

2009-04-21T09:10:00.000-07:00

Several years ago, the Washington legislature passed a statue that defines how and when a child may be relocated (moved). Prior case law was conflicted and unacceptable, so the legislature stepped in. Currently, once a Parenting Plan is in effect, a parent may not relocate a child without first giving 60 days advanced written notice, with a proposed new Parenting Plan. The non primary residential parent then has 30 days to object by filing an objection with the court. If they fail to object, the relocation and the proposed new Parenting Plan will be adopted by the court. If they object, the parties will be given a trial date. The court on a temporary motion can determine whether the move will be allowed pending trial. At trial, the court will ultimately decide if the the relocation will be allowed, and if so, what the new Parenting Plan will look like. There is a statutory presumption to allow the relocation, but it is a rebutable presumption that the other party can present evidence on why it should not happen. The statue spell out a list of factors that the court should consider in deciding the relocation.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including relocation. Please visit our web page at http://mgrlaw.com/legalarticle/Family-Law-Information.html for more information.

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King County E-Filing

2009-04-15T14:32:00.000-07:00

Effecitive June 1, 2009, King County is mandating that all attorney's file legal documents electonically by e-filing. The Clerk has been digitizing documents for the last 8 years, making the electronic file the original file instead of the paper file. This greatley reduces the storage cost for the county and allows multiple people to look at the court file at the same time (on a computer monitor instead of a paper file). The downside has been that the Clerk's office has had to scan all documents that are filed and digitize them. The Clerk is now passing on that responsibility to the legal profession by mandating that we file all documents electronically. This will save the Clerk a significant amount of money.

The Clerk is still working out the kinks, and a new user interface will be available this spring, however, it is possible to do it now. We have been e-filing some documents for some time now, becoming framiliar and comfortable with the process. The speed and convience of this became evident this morning as I met with a client. We were in a race to file before the other side filed in another state, to establish jurisdiction. After meeting and discussing the case with my client, we decided to file immediately. We drafted the docuements, got signatures, scanned them and e-filed them over the internet, all within an hour, avoiding the time delay and expense of running it down to court to file. We were then immediately able to send the documents to the process server to transfer them to a process server in Texas to get the other side served. Technology is amazing.

The law office of Mogren, Glessner&Roti, P.S. is located in Renton Washington, and we provide services to most of King County. Our firm has been in existence since 1942. We presently have 4 attorneys serving our clients, Peter Mogren, Ronald Glessner, Ruth Roti, and Cindy Stewart.
The main emphasis of our service is in family law (divorce, custody, support, etc.), wills and estate planning (Wills, Commmunity Property Agreements, Power of Attorney, etc.), probate, and personal injury.

Please call visit our web page at http://www.mgrlaw.com/ to get additional information, or call us at 425-255-4542 to schedule an appointment.

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Washington Parenting Plans

2009-04-13T14:43:00.001-07:00

Since 1990, Washington no longer has laws regarding custody and visitation. Instead we have Parenting Plans. Parenting Plans define both parents rights and responsibilities regarding minor children. There are 3 major issued addressed in Parenting Plans. First is Decision Making; who makes decisions regarding the children (mother, father or joint), on major decisions such as health, education and religious upbringing. Second is Dispute Resolution: if there is a dispute between the parents in implementing the Parenting Plan, how do you resolve those disputes (counseling, mediation, arbitration or court action). The third issue is the residential schedule: 365 days a year the child will reside with either the mother or father, and the Parenting Plan must specify when the child is with the mother and when the child is with the father. The idea of the Parenting Plan is to address as many issues up front, to avoid conflicts down the road.

The law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at http://mgrlaw.com/legalarticle/Family-Law-Information.html for more information.

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Washington Durable Power of Attorney

2009-04-07T10:29:00.001-07:00

Power of Attorneys can be a dangerous document. In our society, you are the only one who can sign your name. If someone else does, it is forgery and they can go to jail and you are not bound by what they do. If you give someone your power of attorney, you are giving them the authority to sign your name, and make you bound by it. You should be very careful in giving your power of attorney and consult with an attorney first.There are many types of Power of Attorneys. They can be "special", limited in the powers granted. They can be "general", being very broad in the powers granted. They can be limited in time (good for 1 day, 1 year, from ____ to ____, terminating in 1 year, etc.). They can be "durable", meaning that they continue even when you become incompetent.

Many people should consider a Durable Power of Attorney as part of their estate plan. This is a very limited Power of Attorney. Usually it is for the purpose of caring for you if you become incompetent, avoiding the necessity of a guradianship. It ususally becomes effective, if and only if, you become incompetent. It then is durable so it continues after you are incompetent. If you do not have this and you become incompetenet, it will most likely be necessary for your loved ones to establish a guardianship in court, taking time and money.

Our Renton law firm offers estate planning documents like Power of Attorneys. Please visit our web page at http://www.mgrlaw.com/ for more information, or call us at 4252-255-4542 to schedule an appointment. We service the greater Seattle and King County area, from Bellevue to Federal Way.

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Washington Child Support

2009-04-06T11:44:00.000-07:00

Child Support in the State of Washington is calculated using mandatory schedules. It is based upon the comparative net incomes of the parties. The statute defines what is gross income and what is deductible for child support purposes (this can be different than for tax purposes). There is a schedule that calculates the cost of raising a child, based upon the combined net income, number of children, and the ages of the children (under 12 or over 11). This number is then divided between the parties based upon their respective comparative net incomes (percent of the combined total). Adjustments are then made for contrbution to medical insurance, day care and other special expenses.If you are paying or receiving child support, you should consider talking to an attorney to see whether the amount is accurate based upon the parties incomes.

Child support can be adjusted or modified based upon a change in circumstances, including the parties incomes and ages of the children.

The law firm of Mogren, Glessner & Roti; represents clients in child support cases. Please visit our web page at http://mgrlaw.com/map/map.html for more information.

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Washington Wills

2009-04-03T08:28:00.001-07:00

Many people have made no plans for the distribution of their estate after their death. A person should have a Will. This gives their directions for how things are to be handled after their death. This primarily addresses the distribution of their assets. It also includes naming the person you want to act as the executor to oversee the process. If you have minor children, you may want to place the estate in trust by someone you trust, to properly invest the funds, and to distribute it to the children for their necessary needs (health, education and welfare) to prevent them from wasting it. You can also name the person you want to serve as guardian of the children, to act as their parents and raise them.

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Washington Family Law Lawyer

2009-04-03T08:23:00.001-07:00

Family Law Lawyer is a broadly used term to descirbe an attorney who practices in the area of domestic relations. This can be an action for legal separation, dissolution of marriage (divorce) or declaration of invalidity. Within these actions, the issues of the division of assets and liabilities, parenting plans, child support, spousal maintenance, restraining orders, name change and attorney fees may be addressed. It includes an action for parentage (paternity), which could include a petition for parenting plan and child support. It includes an action for a meritricious relationship (non-marital relatioship) for the division of assets and liabilities. It can be an action for a domestic violence restraining order or an antiharrassement restraining order. It could be a post decree matter to modify a parenting plan, child support or spousal maintenance. It could be to set post secondary education support (college education costs).

The law firm of Mogren, Glessner & Roti; represents clients in all of these types of cases. Please visit our web page at http://mgrlaw.com/attorneys/attorneys.html for more information.

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Mogren, Glessner & Roti

2009-04-02T16:24:00.000-07:00

The law office of Mogren, Glessner&Roti;, P.S. is located in Renton Washington, and we provide services to most of King County. Our firm has been in existence since 1942. We presently have 4 attorneys serving our clients, Peter Mogren, Ronald Glessner, Ruth Roti, and Cindy Stewart.

The main emphasis of our service is in family law (divorce, custody, support, etc.), wills and estate planning (Wills, Commmunity Property Agreements, Power of Attorney, etc.), probate, and personal injury.

Please call visit our web page at http://www.mgrlaw.com/ to get additional information, or call us at 425-255-4542 to schedule an appointment.

Renton Divorce Kent Family Law Tukwila Wills Bellevue Probate Seattle Custody

Community Property Agreements

2009-04-02T14:37:00.000-07:00

A Community Property Agreement is a very valuable tool for a husband and wife in the State of Washington. It allows you to convert separate property (property owned before marrige or received during marriage as a result of a gift or inheritance) into community property. In addition it can also transfer all community property to your surviving spouse in the event of your death. This can be a useful tool to avoid the process of probate in the event of the death of the first spouse, saving a significant amount of time and money. Because of the significant impact a Community Property Agreemnt can have, it is advisable to have it drafted by an attorney who can fully advise you.

Our firm offers estate planning documents like Community Property Agreements. Please visit our web page at http://www.mgrlaw.com/ for more information, or call us at 4252-255-4542 to schedule an appointment.

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How Long Does it take to get a King County Divorce?

2009-04-02T14:20:00.000-07:00

In Washington, it takes 90 days from the time you file the Petition until you can enter a Decree of Dissolution. That does not mean you will be divorced in 90 days, that is just the soonest that it can happen. If the parties are in agreement of all issues, it can be finalized on the 91st day or any day thereafter. If the parties are not in agreement, then you must wait until you reach an agreement or the matter is resolved at trial. At trial, the judge will decide the issues that are in dispute, and then the final papers can be entered. In King County, Washinton, the day you file, you are given your trial date, which is approximately 11 months after filing.

The law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at http://mgrlaw.com/attorneys/Peter-Mogren.html for more information.

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