Hansen Law Group, PS
Craig Jonathan Hansen, Attorney at Law
10655 NE 4th, Suite 700 Bellevue, WA 98004
Office: 425-709-6762 | Toll Free: 888-525-6299 | Fax: 425-462-1772
Contact me at: jhansen@hansenlaw.com
What We Do
Frequently Asked Questions (FAQs)
How long does a divorce in Washington take?
How does a divorce normally work in Washington?
Can we both stay in the house?
How do I collect back child support?
How can I get out of back child support?
Who gets the house? And does it matter if I move out?
How much will child support be?
How can I lower child support?
I am in the military, and need a divorce. How can you help?
One of us is not in Washington. What can you do for me?
I want to relocate, with the children. What do I do?
Can I do this divorce myself? With help?
How much maintenance can I get? Or pay?
Do you represent mostly men? (Or women?)
Frequently Asked Questions (FAQs)
Do you represent mostly men? (Or women?)
I represent both sides, in roughly equal numbers. I have never seen a difference in the results where the opposing attorney claims to represent only men, or women. Getting a good result depends much more on the competency and aggressiveness of the attorney, and on having a good plan, than a marketing plan.
How long does a divorce in Washington take?
Once you file a divorce in Washington, there is a minimum 90 day waiting period. While you can always agree on a final set of orders prior to that, you do have to wait at least 90 days after filing and service to finalize the divorce. If you do not have an agreement, you have to wait until you either have a complete agreement, or for trial, when the judge will make a decision for you. In King County, from filing to trial is normally about 10 to 11 months. In Pierce County, it is about 8-10 months. Snohomish County has no case scheduling management process, and getting a case to trial can take from six to twelve months, if we manage it correctly. There is usually no good way to speed up the process, without both sides agreeing to a settlement. If you do not have an agreement, you have to wait until trial to get the divorce done.
How does a divorce normally work in Washington?
If your divorce is uncontested, or agreed, it’s easy: see the uncontested section, below. If it is contested, it is more complex. Normally, you can expect to file a motion for temporary orders within the first two to three weeks. After that, things usually quiet down, with minimal fighting over the next 6-8 months. In those 6 months, there may well be fights over discovery, and possibly a parenting investigation. None of these fights are free, so we discuss each fight as they arise. About month 8 to 9, the judge will normally order both sides to go to mediation. Most cases settle in mediation, because going to trial is an expensive process, with no guarantees; and because after all that time both sides are tired of fighting. If the case does not settle, you can expect to spend from one to four days in trial, and it will take about one day of preparation for each day of trial (on the average). There is no jury in divorce cases in this state; all family law cases are heard by a judge alone.
If it is uncontested, or agreed, it is fairly cheap. (See below.) Otherwise, the cost is driven by how much fighting we have to do, and how much the other side wants to fight. Normally, if there are initial motions for temporary orders, you can expect to spend $1500-$2500 through the first month. After that, things quiet down, and little is spent, until we get close to trial. We can control how much we fight; I can't control how much the other side wants to fight, or how much they want to spend money. I am as cost-effective as any attorney in town; but no lawsuit is cheap. Give me a call, and let’s discuss your situation; I can give you a reasonably good idea of the costs.
We agree on most things. Can we do this divorce uncontested?
Yes – if you have a complete agreement. I do uncontested divorces for a flat fee of $495, which assumes everything is agreed. I prepare all the documents, from the Petition, to the CR 2A Agreement, the Parenting Plan and Child Support Order, the Decree, any quit claim deeds or QDRO’s required, and help you walk through the process. You file the case, and then you finalize it 91 days later. That's the easy part. Everything is legally done and properly documented. The tricky part is: you have to work out the agreement between yourselves. Call me, or email me about this, at jhansen@hansenlaw.com .
How much do other kinds of lawsuits cost?
Again, it depends on the lawsuit. I handle personal injury cases on a contingency fee basis; all other cases are billed by the hour. Call me, and I can give you a pretty good idea of costs for the case.
We own a home together; now we have split up. What can I do?
There are several options. The best option, always, is to have a written agreement beforehand (see co-habitation agreements, below). If you were in love and didn’t do one (and most people don’t), you can file either a meretricious relationship lawsuit, or an action for partition. Each has advantages and disadvantages; each – if the other side really wants to fight about it – can take from 12 to 18 months. Chances are high you will not get your attorney fees paid by the other side in either case; but at least it will divide up the house. I have done several of these, and know the ins and outs of the process. If you have this problem, you want someone with experience handling the case. Call me.
Maybe. If it is uncontested. If there are arguments, I am as cost-effective as possible; but it is always a mistake to not spend the money necessary to fight the case properly. We will do it as cheaply as possible; but this is a little like surgery: you can’t cut corners in doing it properly. As well, I can control how much we spend; I can't control how much the other side spends.
What does “no-fault” divorce mean in this state?
“No-fault divorce” means just that. In this state, either spouse has right to a divorce. The court will not consider marital misconduct in dividing assets, awarding maintenance, child support, or considering who gets the kids. The courts in this state do not care whether your spouse – or you - had an affair; spent too much money; didn't like to work; didn’t keep the house clean; charged too much on credit cards; didn’t keep a job; or didn’t like sex. Neither spouse gets any more or less money for that kind of misbehavior. They will care if there was domestic violence, or drug use, or alcoholism, because that affects the children. It doesn’t affect the division of property. It also means that if one spouse wants the divorce, he or she gets it.
A "legal separation" in this state has two meanings. First, it is where you have separated from your spouse and the marriage is over. That is usually when you physically split up, but not always. Second, you can file for a legal separation, and finalize it the same day (if there are no kids). That sometimes is a good thing, because it finalizes and locks in the division of property, etc. But you are not actually divorced, and can't convert it to a divorce for another six months after you finalize it. If you are thinking this may work for you, call me.
What assets are “community property”?
Assets bought during the marriage are community assets. The exception is if they were bought with separate funds (money one spouse had before the marriage). There are some other exceptions as well: if there was a gift, for example. It doesn’t matter whose name the asset was bought in; if it was purchased while you were married, you should assume it is a community asset. This includes homes, retirement accounts, stock market accounts, TV sets, cars, etc.
I put my spouse on the title to my house. Does she (or he) own it now?
She (or he) may well have acquired a share in the house. I have seen it happen both ways: I have seen cases where one spouse bought a home, fully paid for, before the marriage; got married; quitclaimed the house to the wife as community property three months after the marriage; and they split up two months after that. Total length of marriage was six months. Wife took almost half the house. On the other hand, most of the time, if a spouse’s name is on separate property just for refinancing purposes, the courts will usually find she doesn’t have much of a share. This problem is very fact-dependent; if you are in this fix – or may be – you need to talk to me about it.
Can we both stay in the house after separation?
There is no rule that says one person has to leave the house. As a practical matter, one usually does. If a court issues temporary orders, 95% of the time one spouse has to leave; it is just too hard getting along with both parents in one house, if they have argued enough that one spouse has had to go to court. Leaving the house does not, as a legal matter, mean that you have walked away from you share of the house equity. It does mean you will probably not get back in the house. If this is a potential problem, call me.
How do I collect back child support?
The cheapest way to collect back support is to call the Division of Child Support, and have them garnish his or her paycheck. That is free to you, and they do pretty good work. If they cannot solve the problem, give me a call; sometimes there are things you can do, such as bringing her in for contempt, that will solve the problem, But we need to talk about it.
How can I get out of back child support?
That’s a tough one. There may be no good way to do it. An order of child support stays in place until a new one is issued. There are only a few ways to get out of it, and all of them involve spending money. No written agreement to waive child support is enforceable, unless it is an order signed by a judge. (As a practical matter, DCS will not enforce an order if the spouse says she does not want the support; but it is still owed.) Each month that child support is not paid, it is a judgment against the paying party. The statute of limitations does not start to run until the child turns 18; then it is enforceable for 10 years and can be renewed for another ten years. I have enforced back support orders against men who have already retired. (In one case, the father was 62 years old, and we got unpaid back support from 15 years earlier.) This is one bill you need to keep current.
That depends. On a temporary basis, the courts will usually keep the children, primarily, with the spouse that had taken care of them while you were together. The main thing the court wants, in the short run, is to keep the children’s situation stable. That means they won’t automatically take them away from the primary caretaker; and they are not going to move them out of the home they are used to being in. Other things can trump this: drug use, alcohol abuse, domestic violence. The spouse’s income or earning ability has no impact on the parenting plan – none. The courts are moving increasingly towards splitting custody of the children equally between parents, but the presumption is still that this is a bad idea. If you want to get there, talk to me about it. There are no guarantees: but I can tell you how to maximize your chances.
Who gets the house? And does it matter if I move out?
That depends. Normally, in the short run, on a temporary basis, the court will keep the kids in the house, and will keep whoever is the primary residential parent in the house with them. (The court will not make the kids move if it doesn't have to.) Moving out of the house is not abandonment, and does not affect the spouse's right to a share of the equity in the house. In practice, we find that most of the time, the person that stays in the house, ends up with the house in the divorce, and the court will give a share of the equity to the other side, with some time to cash them out. That is not a law; but that's the way it usually works out in the end.
That depends on the assets. There are a few simple rules: don’t hide them and don’t move them if it looks like you are hiding them. In a divorce, all assets are before the court; there are no secrets form the spouse. The worst results I have seen, were where one spouse hid, or tried to hide, assets from the court. A spouse cannot sell community property, such as a house or car, if both names are on it, without your permission. If you need to, the courts will routinely order restraining orders keeping retirement accounts from being liquidated or destroyed. If there are savings accounts, or other cash accounts, and you are just separating, you can generally move about one half of the accounts to a separate account, just in your name, without getting the court angry. If there are credit cards, or lines of credit, that your spouse may draw down, you can always freeze them or close them (as long as there is no restraining order). But if it is a community asset, there is no good way to make sure the court cannot divide it.
How much will child support be?
Child support is determined by your income and your spouse’s income. It is set according to a support schedule. If both incomes are known, child support is pretty cut and dried. If the paying spouse has a routine parenting plan (less than 90 overnights a year), there is no good way to talk a court into lowering child support. (There are some things that work, sometimes, on a temporary basis; but there are no guarantees.) Most arguments are over overtime (usually counts); bonuses (usually counts); gifts from parents or trusts (usually counts as income). If one person is self-employed, that is always a problem. If a spouse is unemployed, the court will impute income.
How can I lower child support?
That is another tough one. If your income has dropped substantially, it may well be worth your time and money to do a support modification. The court will not lower it because you think it is unfair, or the kids don't need the money, or you think the custodial parent isn't spending it properly. Those aren't bases for lowering the child support payments. The courts in this state are pretty tough about sticking to the statutory amounts. But call me; I may be able to help.
I am in the military, and need a divorce. How can you help?
If you need a divorce, and have an agreement with your spouse, and one of you lived in Washington, I can help. Call me or email me.
One of us is not in Washington. What can you do for me?
About 15% of my case load is divorces or family law disputes where one of the parents is out of state. This is very fact-dependent: it depends on who lived where, when, and what the nature of the problem is. If this is your problem, we need to talk: call me or email me.
How do I figure out what our assets are?
Gather information, first. If one spouse is moving out, keep the financial records. Make copies of the pay stubs and tax returns; make copies of all of the bank and other account statements. Make sure you have copies of the deed for the house and the titles to the cars. It is always easier to get the information while you are together, rather than after you split up. Figure out when and how the assets were purchased. If there is a house, know when it was bought, and where the down payment came from. Get a current market estimate of the value of the house from a realtor, if you can. Make copies of all retirement account statements. Normally, you won’t need an accountant or a CPA; it’s not hard to figure these things out. The value of an asset is not its replacement value: it is the value if you put it on the market, today, less any debts against it.
How much maintenance can I get? Or pay?
Maintenance (alimony) is based on need and ability to pay. That is the entire rule. There are some rules-of-thumb, though. The length that maintenance is paid is generally based on the length of the marriage; most courts use a 1 to 3 or 1 to 4 ratio. (That is, one year of maintenance for every 3-4 years of marriage.) The amount that is paid is based on need and ability to pay; there are a lot of factors, including debt load, earning ability of both spouses, actual earnings history, and the amount of assets being divided up. There is no magic formula, and in short to mid term marriages, the court will not simply divide then incomes in half. Generally, courts in King and Snohomish County are conservative in ordering both length and amount of maintenance; they strongly feel that both spouses need to be working and supporting themselves as much as they possibly can. Child support is never counted as income.
I want to relocate, with the children. What do I do?
Generally, the presumption in this state is that the custodial parent gets to move with the children, if the relocation is not just to cut the other parent off. There are specific rules you need to follow, and there are a number of factors the court would use in deciding whether or not the move will be permitted. I have done several of these relocation trials, and have a fair amount of experience in this. Each case is very fact-driven; if this is a concern, you need to call me about it.
Contact me at: jhansen@hansenlaw.com