Criteria for Shared Joint Custody in Washington

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

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

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

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

Page Limits in King County Family Law Motions

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

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

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

Discovery in Washington Divorces

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.

Pet Custody Disputes in Washington

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.

Child Support Modification in Washington

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.

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.

Welcome Seattle Attorney Cynthia Stewart

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.

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.

Washington Child Support

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

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.

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.

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Washington Family Law Lawyer

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

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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Community Property Agreements

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?

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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