Defining Divorce in the State of Washington.

As with most states, divorce has its own nuances in the Evergreen State.  Remember the days when you had to state a reason why you wanted to end your union with your spouse and then defend it in divorce court?  Those times created strife within a household as people grew apart and the minor children suffered in the process.

Here are some steps in the Washington State divorce process –

1.  It begins when you file a Petition for Dissolution of Marriage.

2.  The next step is to serve the petition or to have your spouse accept service.

3.  If both parties agree to all of the issues it is considered an uncontested divorce.

4.  Temporary orders may be filed to address certain specific issues.

In the Seattle area people have been represented in divorce proceedings for decades by Bellevue Family attorney Lyle M. Clark.  Divorce law is one of his areas of practice, as is Social Security Disability law.  We invite you to visit his website at www.lmclarkattorney.com and see if an appointment at his 40 Lake Bellevue office would be right for you.  Call (425) 452-3092.

Relax…Your Lawyer should be Your Friend.

The second most stressful thing about the legal system after appearing in court is hiring the right attorney.  You are looking for someone who listens and is empathetic about your particular case and what you are going through.  You need guidance through the rigors of the legal system.

When you are in their office you want to be sitting across the desk from someone who has empathy for your particular situation.  At this point, you don’t need some hard-hitting, loud talking lawyer.  You are looking for a compassionate friend who understands the ins and outs of the legal system.

That person exists in the Seattle area.  He is Bellevue, Washington lawyer Lyle Clark.  Attorney Clark has spent the last 40 years of his life aiding Washingtonians in pursuing cases involving social security, family law, and constructing wills and probate for his constituents.  Why not give Lyle a call and see if he is right for you at (425) 452-3092.

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.

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.

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.

What is Collaborative Divorce in the State of Washington?

Is collaborative divorce right for you and your spouse?  It has become a popular new alternative to traditional divorce in this country.  It is best described as a method by which both parties come to an agreement through cooperative techniques.  Everyone tries to resolve conflicts without litigation having to be a part of what can become a messy process at best.

In the beginning both attorneys and their representatives sign what is known as a “Participation Agreement”.  This is understood as a pact that the issues of the dissolution will be settled in a non-adversarial manner.  Both parties trust that their respective attorneys will assist them in reaching a settlement without the expense of court costs.

In finding the perfect attorney to assist you as your representative look for someone who wants his clients to avoid expensive fees and costs.  Preferably that will be a veteran of Seattle-area family law who has seen every side of the issue of divorce for more than 35 years.  That choice is clear.  Place a call to Bellevue WA collaborative divorce attorney Lyle Clark today at (425) 452-3092.

Negotiating a Separation Agreement in the State of Washington.

Washington State law provides for two types of separation contracts.  One is filed with a court in a marriage dissolution or legal separation proceeding and is incorporated by reference into a decree of dissolution or legal separation.  The other type is for people who want a trial separation without court proceedings.  It is intended to put creditors on notice that the couple is no longer functioning as a marital community and that neither will be responsible for the debts of the other spouse during the separation.

Negotiating the terms of a separation agreement is both a complex legal matter and one that can be very stressful.  It should never be taken lightly because it may affect the rest of your life.  When divorce or separation is unavoidable, clear-thinking adults are required to work out as many details as they can mutually before it goes into a written document. There are many issues that will need to be addressed in as rational a manner as possible, such as:

1.)        How much is the house worth and how will it be disposed of?

2.)        Is there a family business?  If so, what is the value of it? Should it be appraised?

3.)        How should retirement benefits, such as pensions, 401-K’s or IRA’s be treated?

4.)        Is there other property that should be appraised?

5.)        What is the fairest way to divide the property and debts of the parties?

6.)        What happens to family pets, if any?

Do not let pettiness or anger dictate what will happen during the next several years of your life.  Talk to a professional negotiator about your marriage separation rights.  Family law attorney Lyle Clark has been practicing family law in Bellevue and the State of Washington for over 35 years.  Sit down with Lyle Clark at his office and talk about your situation frankly by making an appointment at (425) 452-3092.

Defining the Term Divorce in the State of Washington.

Since 1973 the State of Washington has not used the word divorce to describe the legal process for ending a marriage.  The Washington State legislature adopted the Marriage Dissolution Act, which was designed to eliminate the concept of fault from marital proceedings.  The Act abolished the need to prove fault as the grounds for terminating a marriage and did away with the concept of alimony in favor of spousal maintenance.

Marriage dissolution is essentially the same thing as divorce except that “fault” also has no bearing on the division of property or the award of maintenance.  If a marriage is irretrievably broken, then there are grounds for the dissolution of marriage.  If, however, one of the parties desires to contest the dissolution, he or she can petition the court for conciliation, which is in effect forced marriage counseling through the Family Court.

Understanding divorce law in the Evergreen state can be a complicated matter.  You need the expertise of a veteran Seattle family attorney like Lyle M. Clark, Jr.  Attorney Clark will put his more than three decades of experience with the law to work for you to make sure that your side is represented aggressively.  Call Lyle Clark and make an appointment at his Bellevue office right away at (425) 452-3092.

What are the Fault Grounds of a Divorce?

There is the dissolution of a marriage and there is divorce.  The gender of each partner now has no bearing on either in the state of Washington.  In order to obtain a divorce in the state one of the parties has to prove that the other has been at fault under one of the statutory grounds.  So exactly what are the fault grounds of a divorce?

Fault grounds are described as reasons that are commonly accepted in which one spouse takes the other to court to ask for a divorce.  By law these may include adultery, willingly being absent for more than 12 months, extreme cruelty, habitual abuse of alcohol and/or other substances and more examples that may defined by your divorce attorney.

To discover any and all of the fault grounds in the state of Washington you need to seek the council of a family lawyer with three and a half decades of experience in handling divorce cases.  Contact the office of Lyle Clark today at (425) 452-3092.  Have a frank and open discussion with someone who will not judge, but help you make the proper decision.  Make that call TODAY!

What are my Spousal Support Options?

Divorce is the dissolution of a marriage and not the end of your obligation to your former spouse.  In most divorce cases one partner is more financially viable than the other.  Because of this the less well-off partner is entitled to equitable financial compensation to help them cope financially with their new post-divorce lifestyle.

Spousal support is established to recognize one individual’s support given during the union even though it was not an equal sharing of expenses.  Alimony, by the way is available ONLY to those that have been legally married.  You may anticipate that the court will award financial assistance based on factors such as the duration of the marriage, each person's earning capacity, contribution to household or career, and physical health of the recipient.

How does spousal support effect you in the state of Washington?  Hear the facts from someone who has represented divorcees in the Seattle/Bellevue/Everett area for nearly 35 years.  That man is Attorney Lyle M. Clark.  Do not hesitate another minute call Attorney Clark at (425) 452-3092 and make an appointment to visit him at his office located at 40 Lake Bellevue Suite 100 in Bellevue WA.

The Difference Between an Annulment and a Divorce.

We have all heard these two words.  They are the primary ways to legally end a marriage.  Many of us, however, are hazy on what constitutes an annulment, which in Washington State is referred to as a declaration of invalidity of marriage.  Annulment is a legal procedure which cancels a marriage between couples.  On the surface that seems simple doesn’t it?  But how does an annulment differ from a divorce?

Annulling a marriage is similar to saying that the marriage never existed.  An annulment may be sought by either party, however he or she must show that they have grounds to do so and be able to prove it in court.  There are two types of marriages that may be annulled: Ones that are void and ones that are voidable.  For example, a marriage between a person who is already married and another person is void.  Likewise, a marriage between a 21-year old and a 14-year old is void because a 14-year old cannot legally marry in Washington.  Upon reaching the legal age (18), however, that marriage would become voidable if the parties remain together.  A marriage conceived under fraudulent circumstances is also voidable.  For example, if a man doing time in prison for homicide escapes and marries a woman without telling her about his criminal past, she can have the marriage declared invalid when she learns about it.

What is right for you?  The proper way to discover this is to seek professional council in these matters.  Seattle area Divorce attorney Lyle M. Clark Jr. will help you sort through your choices between divorce and annulment.  Attorney Clark has over 30 years of experience dealing with family law matters.  Make an appointment at his office at 40 Lake Bellevue Suite 100 in Bellevue by calling (425) 452-3092.

Coping with a Split Family this Holiday Season.

Many families are going through a difficult time this holiday season.  For the first time mom and dad are living in separate residences and there is tension in the air.  In many cases divorce proceedings have yet to take place and may not occur at all.  This is a particularly difficult time for the children, so remember that when you gather with them this holiday season.

Use this time to reflect on how life will be if things continue on this path.  Is everyone better off this way, or is there a better way?  Whatever you decide try to take your own selfish interests and put them on the back burner for a moment.  The decisions you make will change your family structure forever.  Maybe that is the way it should be.  However, you decide to proceed, keep in mind that your spouse is the other parent of your child or children. No matter what issues divide you, always do your best to build up that parent in your children’s eyes.

After the holidays, contact Seattle area divorce attorney Lyle Clark for sound advice as to how to proceed.  Attorney Clark has been helping Seattle area residents deal with these important issues for over thirty years.  Make an appointment to sit down with him at his Bellevue Washington office by calling (425) 452-3092.  You will appreciate the council of someone with the expertise of Attorney Lyle Clark.