Wednesday, December 14, 2016

A Quick Tutorial on Our Legal System.

In case you did not know, the legal system in forty-nine of the American states was inherited from the English.  (Louisiana follows the French legal system.)  In medieval times things were simple across the pond.  The King owned everything and the laws protected royalty over the commoners.  Commoners were called “vassals” and essentially had no rights.  Enter the Church of England.  Following its creation, courts were created to resolve disputes that the King did not have time for. The ecclesiastical courts followed a different set of rules; designed to bestow fairness and equity rather than to protect the property rights of the nobility. 

When America’s court system came into existence, the courts looked to English common law to establish precedents, integrating both rules of law and rules of equity.  Some English laws were codified into statutes.  What does any of this have to do with Washington’s Marriage Dissolution Act?  This is an area where law and equity overlap.  In the Evergreen State we have a 90-day waiting period before a dissolution may be finalized. That is a rule of law.  On the other hand, the Act provides that the community and separate property of the parties is to be divided fairly and equitably.

In a system where black-letter law does not spell out how financial issues are to be resolved, a qualified Washington dissolution of marriage attorney is a must to represent you properly.  That person in Bellevue is Lyle Clark.  Attorney Clark has been a Seattle area family lawyer for nearly 4 decades.  For professional advice on all family law matters call Lyle today at (425) 452-3092.

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