Difference Between Divorce and Annulment

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.

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.

Washington No Fault Divorce

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.

How to Select a Washington Divorce Lawyer

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.

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.

Changes to Washington Child Support Law

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.

When to Change Your Washington Will

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.