Divorce in Washington.

Every state has slightly different rules as it pertains to the divorce process.  It would be prudent to understand what qualifies as grounds for divorce in the Evergreen State.  The only legal way to commence a divorce in our state is to file a petition declaring that the marriage is irretrievably broken and requesting that it be dissolved.  You can also request other relief in your Petition.  You must then have a Summons and your Petition served on your spouse by a process server or by an adult other than yourself. Alternatively, your spouse can accept service and can also join in the Petition.  The court will then consider your requests.

In most cases, Washington state divorce courts will “rubber stamp” your declaration that the marriage is irretrievably broken, but not in all cases.  Washington law provides for what is known as “conciliation”, which is sort of like mandatory marriage counseling designed to explore whether the marriage can be saved. If conciliation fails, the marriage dissolution proceeding continues.

Not that a divorce has to be difficult in this state, but it does require proper legal representation.  This is, after all, not the state of Nevada!  One of the Seattle area’s most accomplished divorce attorneys is Lyle Clark.  He has devoted the majority of his 37 years of legal practice to sorting out the ever-changing divorce laws of Washington State.  Give him a call at (425) 452-3092.

Divorce or Legal Separation.

It’s been a while since we have discussed this, but as we head into summer you may be thinking about one of the above.  So, which is better for you AND any children involved?  If you wish to put off a divorce for now you must NOT just abandon your household.  Applying for a legal separation may be appropriate.  This is where love might be the trump card!  If you want to remarry you certainly cannot do it during a legal separation.

In the State of Washington, if you are granted a legal separation the court will not dissolve the marriage.  Unlike a marriage dissolution proceeding, there is no 90-day waiting period before a decree may be entered.  A decree of legal separation may subsequently be converted to a decree of dissolution of marriage, but not for six months after the legal separation has been granted.  As in a marriage dissolution proceeding, the court may divide your community and separate property, adopt a parenting plan, and award child support and maintenance.

It is important to consult with a professional family attorney in the Seattle area who has dealt with the pros and cons of these two choices.  That man may well be Bellevue, WA divorce and legal separation lawyer Lyle M. Clark.  Get to know your options from a nearly 4-decade veteran of family law by calling (425) 452-3092.

Meet a Seattle Area Family Attorney.

Knowing a quality family lawyer is like knowing a great medical practitioner.  When you find one with decades of experience and success you tend to feel much more comfortable.  We see these “high powered” divorce lawyers on TV and wonder…are they all cutthroat?  That is not the case most of the time.

Lyle Clark Jr. is a Seattle native.  He graduated from Washington State University as a proud member of “Cougar Nation”.  His beginnings were humble as an intern prosecuting misdemeanors for the city of Lacey.  One day, he set out on his own as a sole practitioner in the city of Bellevue.

Today, Seattle family attorney Lyle Clark can look back at four decades of service to the people of the Evergreen State.  An English major in college, he is an avid reader…and, yes he is great in the Shakespeare category on Jeopardy!  Get to know a man who has practiced for decades as a passionate family lawyer by calling (425) 452 3092.

I’ve Never Seen that Before.

These are five words you never want to hear from your doctor, your mechanic, your plumber, or your dentist.  The same is true from your divorce attorney.  When and if that time comes in your life you don’t want to be sitting across the desk from someone who appears to be a “deer in the headlights”.  You need a steady, experienced veteran.

There are plenty of choices among family attorneys.  Anyone with a law degree can “hang up a shingle” and choose this branch of the law in which to practice.  Many are called…few are chosen.  One thing about family law in Washington State is that it has changed over the decades and you want to hire someone who has experienced those changes.

One of the best veteran family attorneys in the Seattle area is Lyle Clark.  Consider Attorney Lyle Clark very carefully at this critical juncture.  He has over four decades of experience as a Seattle metro divorce attorney.  Visit his website at www.lmclarkattorney.com then call for a consultation at his Bellevue office (425) 452-3092.

What is the meaning of Irretrievably Broken?

Some states use the phrase “irreconcilable differences” as legal grounds for obtaining a divorce.  Washington State is different. When our legislature adopted the Marriage Dissolution Act in 1973, the intent was to remove fault from the legal proceedings to the fullest extent possible.  Thus, the only grounds for dissolution of a marriage is that it be irretrievably broken.

Washington thus did away entirely with what had until then been the legal grounds for divorce:  infidelity, cruelty, or abandonment.  It is simply time to part company and seek a happier life.  Let’s look at the dictionary definition of irretrievable.  It means “impossible to regain or recover.”  Divorce is not the end of the world … just the end of a chapter.

In the State of Washington we use this term rather than “no fault” although they essentially mean the same thing.  Take a deep breath and make the call that you may have been putting off thinking that things would improve.  Call Bellevue WA marriage dissolution attorney Lyle Clark.  Attorney Clark will guide you through the process.  His number is (425) 452-3092.

Don’t Blame Me…Okay?

That is the essence of no fault divorce.  Marital wrongdoing (such as adultery, cruelty, or abandonment) is no longer required to terminate a marriage.  Rather, both parties agree that the demise of their marriage is neither’s fault.  The petitioning party simply must assert that the marriage is irretrievably broken. The court will grant the divorce without either party showing evidence that the marital contract was breached unless the responding party petitions for conciliation, which is, in effect, court-ordered marriage counseling to explore whether the marriage can be saved.

It all began during many of our lifetimes.  In 1970 Governor Ronald Reagan signed no fault divorce into law in the state of California.  Washington followed in 1973.  It took 40 years, believe it or not, before New York became the last state to ratify it.  However, only 17 states even today are TRUE no fault divorce states; though some others allow no fault as an option. 

To find out if this is a viable option for YOU, call someone who has been handling these cases since 1977.  He is veteran no fault divorce attorney Lyle Clark.  Lyle maintains an office at 40 Lake Bellevue Suite 100, in Bellevue, Washington.  He will arrange an initial consultation with a phone call to (425) 452-3092.

Your Children’s Best Interest.

I am sure that nearly everyone agrees that when a marital union comes to an end thoughts turn to the best interests of the children.  This is not lip service.  It is a very real concern about not only how they will react initially, but the profound long-term impact of living without both parents being under the same roof.

The term “best interests” stems from deliberations that family courts undertake to decide what actions to take to best serve a child in the long run.  Topics such as education, healthcare, and religious upbringing will be discussed.  The mental and physical health of each parent may come into play as well as financial stability.

If you must go through this do not do it alone.  You may wish to seek the advice of a veteran family attorney in the Seattle area.  For the last four decades Bellevue, Washington family attorney Lyle Clark has assisted individuals during this stressful process.  Please call Attorney Lyle Clark at (425) 452-3092.

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.

Divorce in the State of Washington.

Let’s keep it simple and basic.  If one of the couples seeking a dissolution of marriage lives in the Evergreen State, they can file for divorce without the consent of the other partner.  Washington is what is called a “no fault divorce state”.  Save your energy.  Gone are the days when you have to prove fault or demean your former partner just to end the union.

You may question WHERE you file.  That would be in the county where you or your spouse resides.  How long does the process take?  The minimum waiting period in the state is 90 days.  It will take at least that long for what is known as the Decree of Dissolution to be entered.  However, be prepared that if there are any contested issues it will be a longer process.

For the least stressful method of filing for a dissolution of marriage you need a qualified veteran divorce attorney.  In Bellevue, Washington that is 35 year professional Lyle Clark.  Attorney Clark is a Seattle area dissolution of marriage attorney in the State of Washington.  If you wish to begin the process today, please give Lyle a call at (425) 452-3092.

Considering Divorce in the State of Washington?

It is one of the most impactful decisions you will ever make, especially if there are minor children in the home.  Please give it careful consideration.  In Washington state divorce is officially called “dissolution of marriage”.  Note that common law marriage is not recognized by the court system.  However, it is important to note that a court may divide up property acquired during a relationship when it finds that the partners have lived in a quasi-marital situation.  Marriage between partners of the same sex is recognized in Washington, as are Domestic partnerships.  Either may be dissolved with the same process as a marriage dissolution.

Here is some of what you may expect.  The court will consider all of the family’s liabilities as well as its assets, whether owned separately or acquired during the marriage as community property.  Their task is to be “fair and equitable,” which does not necessarily translate into “equal”.  One of the spouses (partners) may be required to pay maintenance (alimony).  And perhaps most importantly, the dependent children will have residency and visitation decisions made on their behalf.

All of this is stressful enough.  To go into the process without a trained veteran family law lawyer on your side is just plain folly.  In the Seattle area the right choice is Bellevue, WA divorce attorney Lyle M. Clark Jr.  For more than 35 years he has dealt with all matters of Washington state family law.  Begin this important process in your life by calling Lyle at (425) 452-3092.

Legal Separation vs. Divorce.

The distinction can be very confusing.  This decision will be one of the most important of your life.  Divorce or legal separation.  Which is best for you and your family?  It is essential to educate yourself on the legal and emotional effects that both possibilities will have on your future.  If you decide to hold off on filing for divorce, making your separation legal is also important to fully understand … it is not just a matter of leaving the household.

In Washington State, a legal separation proceeding is identical to a marriage dissolution, except that the court does not dissolve the marriage.  Your finances are kept separate.  Things like child custody and support as well as spousal maintenance may be ordered by the court.  When you divorce, the marriage is formally ended and you may proceed with your life including marrying someone else.  With a legal separation you obviously cannot remarry. However, a decree of legal separation may be converted to a decree of marriage dissolution later on upon the request of either party.

There is a great deal more to understand from an experienced family attorney.  Before you make an important life-changing decision in the Seattle area call on Lyle M. Clark Jr., a professional family law attorney located in Bellevue, WA.  Call him on matters of family law and tap in to his 35+ years of experience at (425) 452-3092.

Some of the Reasons for a Prenuptial Agreement.

Some months ago in this space we defined the prenuptial agreement.  Today let’s look at its pros.  For people with large estates the division of property in the event of a divorce can have an impact on their heirs after death.  This is especially true when BOTH parties have property that they do not wish to have co-mingled.  Property distribution and the assignment of debt are at issue if the union dissolves.

Personal issues such as child support and child custody are NOT part of a prenuptial agreement.  The court has the power to decide those issues based on the laws at the time of the divorce.  What ARE valid subjects, however, are real estate, business interests, significant retirement benefits, stock options, and other investments.  Some people may want to provide for their children from a previous marriage.  To be valid and enforceable, however, a prenuptial agreement must be carefully drafted.

In the future we will discuss the cons of a prenuptial agreement.  In the meantime, please know this…for more than three and a half decades Attorney Lyle M. Clark has been advising people seeking divorce in the Seattle area.  You and a generation before you have known him as a Bellevue WA divorce attorney.  Call him on any family legal matter at (425) 452-3092.

Choosing the Right Divorce Attorney.

You are emotionally distressed.  Never in your life have you faced this before.  You have decided to get a divorce in the state of Washington.  Please understand the semantics first and foremost.  In the Evergreen State it is known as a “dissolution of marriage”.  Please take a deep breath and make the correct decision in hiring the right representation to suit your needs and personality.

At a time like this, too many people just go to the internet and look up a list of family lawyers who serve the Seattle and Bellevue area.  This could be a financial and emotional mistake.  Take a minute.  Do you want someone who has handled divorce cases in the area for well over three decades?  Do you want someone who will give you his full attention and not just hand your case off to a junior partner?

Consider the law office of Lyle M. Clark Jr.  When you sit down for a free consultation with Mr. Clark he will listen to your situation with compassion and understanding.  There is not much that he has not encountered in his 35+ years of handling Bellevue area dissolution of marriage cases.  After you have considered all of the variables pick up the phone and dial Lyle at (425) 452-3092.