Frequently Asked Questions About Family Law

We know going through legal challenges can feel overwhelming, but you don’t have to face it alone. At Johnson Law Firm, P.C.| Personal Injury and Family Law, we’re more than attorneys – we’re your advocates and champions for your family’s future. Our goal is to empower you with clear answers and support so you can move forward with confidence and build a brighter tomorrow. 

Take a look at some of the questions we hear most often, and if you don’t see what you’re looking for, just reach out to our team and book a free consultation. We’re here to help and provide tailored advice that aligns with your unique situation!

Do I need to worry about my spouse’s debt after divorce? 

In Washington’s community property system, debts acquired during marriage are typically shared responsibility, just like assets. So yes, you could be on the hook for debts your spouse racked up, even if you never knew about them. Credit cards, loans, mortgages – if it happened during the marriage, it’s likely community debt. However, there are exceptions for things like gambling debts or expenses that didn’t benefit the family. 

The good news is that you’re still able to negotiate who takes responsibility for which debts, and our Washington divorce attorneys can work to protect you from unfair debt allocation. 

What happens if I need to move out of state with my kids after divorce? 

Moving with kids after divorce isn’t as simple as packing up and leaving because you’ll need court approval first, especially if it affects your co-parent’s time with the children. Washington courts look at several factors: why you’re moving, how it impacts the kids’ relationship with the other parent, and whether the move is genuinely in the children’s best interests. 

Maybe you got a great job opportunity, need to care for aging parents, or want to be closer to your support system. These can all be valid reasons, but you’ll need to prove your case to the court. The other parent can object to the move, which could lead to a court battle. 

Our experienced Washington custody attorneys know exactly how to present relocation cases and can help you build a strong argument for why the move benefits your family. Don’t risk losing custody by handling this alone – book your free consultation to discuss your options!

How is custody determined in Washington state after a divorce or separation?

Custody in Washington can typically be decided in one of two ways. The ideal approach is when parents can collaborate and reach an agreement that works for their family. This allows the custody arrangement to be customized to meet their specific needs and ensures a solution that prioritizes the well-being of their kids.

However, if parents cannot agree, the issue will have to be decided by a judge in court, based on the kids’ best interests. This involves examining several factors, like the relationship each parent has with the kids, each parent’s ability to provide a safe and stable environment for them, and their age and health. 

What happens if a parent violates the custody agreement?

If a parent violates a custody order, the other parent can ask the court to enforce the order. In some cases, the violating parent could face legal consequences, such as fines or changes to the custody arrangement. If your co-parent is consistently violating your custody order, you shouldn’t ignore it or wait for things to escalate. Book a free consultation today to learn how our Washington custody attorneys can help you take control of the situation for the sake of both you and your kids. 

What happens if my spouse doesn’t agree to the divorce?

If your spouse doesn’t agree to the divorce, it doesn’t mean the process can’t proceed. Washington is a no-fault divorce state, which means you don’t need your spouse’s agreement to get divorced. If your spouse refuses to cooperate, the court can still grant the divorce after a certain period. However, if you can’t agree on key issues like asset division or custody, those matters may need to be resolved through mediation or in court. Our team will help guide you through the process to ensure your rights are protected, no matter the circumstances.

How can I get sole custody in Washington state?

In Washington state, joint custody is much more common and is strongly encouraged by the court because it allows both parents to remain actively involved in their child’s life. However, in certain cases, sole custody may be awarded if it’s deemed to be in the best interests of the child. This could be due to factors such as one parent being unfit, having a history of abuse, or if the child’s emotional, physical, or mental well-being would be compromised in a shared custody arrangement.

The court evaluates each situation carefully, considering the child’s needs, the parents’ ability to co-parent, and the child’s overall well-being. Our Washington custody attorneys will work closely with you to build a strong case that prioritizes your child’s best interests and safeguards your parental rights! Book your free consultation today to learn how we can help.

How long is the waiting period for a divorce to be finalized in Washington?

Washington requires you to wait at least 90 days from the day you file your divorce paperwork before the court can officially finalize your divorce. Think of it as a built-in cooling-off period that gives everyone some time to step back, sort things out, or even reconsider if that’s the right path. So, while it might feel like a bit of an annoyance, it’s just part of the process. 

While those 90 days can be used to resolve all your issues (custody, property division, etc.), your divorce could still last much longer if you aren’t able to reach an agreement. So, the total timeline of your divorce will depend on your unique situation. 

Do I have to go to court to get divorced in Washington?

Not necessarily! If you and your spouse can agree on all the big issues like property, money, and parenting, you might be able to wrap up your divorce without ever stepping into a courtroom. Many couples settle things through agreements reached outside of court, such as through alternative methods of dispute resolution like mediation. 

But if you can’t agree, then yes, you’ll probably need to go to court to have a judge help sort things out. Our Washington divorce attorneys can offer strategic support, whether your divorce plays out in court or not.

Washington is a community property state. What does that mean?

In simple terms, community property means that most things you and your spouse earn or buy during your marriage belong to both of you equally. So when you divorce, those things get split about 50/50. This includes money, houses, cars, and even debts. It’s Washington’s way of saying, “You both worked for this together, so it should be shared fairly.” 

If you’re concerned about certain assets or debts, our experienced Washington divorce attorneys are here to help! Book a free consultation to learn how we can advocate for your future financial stability with precision.