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.

Seattle's Opening Day - May 7th, 2016

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May 7th, 2016
Seattle Opening Day, the official opening of Seattle's boating season.




 

What is the Probate Process?

Very simply probate is a legal process that may be required after an individual passes away.  Here are the steps that must be taken during probate:

1.  You must petition the Superior Court to be appointed as personal representative and prove in court that the deceased person’s will is valid.

2.  You must identify and make an inventory of the decedent’s property.

3.  You must have assigned a value to all of the property, which may mean that you will need to have it appraised.

4.  You must pay from the estate’s funds all taxes and other obligations relating to the property and any other debts owed by the deceased individual at the time of death.

The executor of the will must manage all of the assets during the probate process.  Because title to property does not transfer automatically, even a perfectly drafted will does not avoid the need for probate in order to obtain clear title to the assets. However, if the decedent signed a community property agreement, it may be possible to avoid probate upon the death of the first spouse.

Seattle probate attorney Lyle Clark can prepare wills, powers of attorney and healthcare directives for you.  If you are proactive you can avoid a great deal of time and expense in the future.  Rely on the 35+ years of experience that Attorney Clark has had with estate planning and probate.  Set up a meeting at his Bellevue office today by giving him a call 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 Is a Prenuptial Agreement?

You may have heard it referred to as a prenup.  It is a contract that you enter into prior to marriage that defines concerning ownership of property both before and after marriage.  No matter what the genders of the partners a prenup may or may not be right for you.

A prenuptial agreement has a wide variety of possibilities.  Commonly it includes the division of property and support of one spouse or the other in the event of a dissolution of the marriage (i.e. divorce).   In the State of Washington, the law gives individuals broad discretion to define their property rights.  Variations on prenuptial agreements include post-nuptial agreements, separate property agreements, co-habitation agreements, and separation agreements.

Prenuptial agreements are recognized, but are not always enforced.  To be valid, the agreement must be fair to both sides.  There must be full disclosure of all assets and their values before entering into the agreement.  Each party should seek separate attorney representation before signing the agreement.  The agreement must be in writing, signed and notarized.  Remember that oral prenups are not valid.

It is important to find an attorney with many decades of handling prenuptial agreements in the Seattle area.  Contact the office of Lyle Clark today at (425) 452-3092.  Have a frank and open discussion with him about the merits of this important document in your future.  Get a thorough explanation of all the elements that go into a prenuptial agreement.

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!

Estate Planning Is for Everyone.

Much as we might not wish to think about our own mortality, each of us will die at some point.  Did you think that estate planning was designed for people like Bill Gates or Paul Allen?  Of course it isn’t just for the very wealthy.  A modest or mid-sized estate is just as important to the people who own it and benefit from it.  Now is the time to get serious about building an effective plan for the disposition of your estate following your death.

Estate planning may involve a variety of issues such as the drafting of a simple will.  Also to be considered are contingent trusts for minor children and the appointment of guardians for them.  If someone has special needs, a trust will for the support of disabled persons may be required.  And how about living trusts for persons who need assistance in managing their assets or who own property in states other than Washington?  Estate planning may also include powers of attorney for financial management and healthcare in the event of a disability and directives to physicians if you should at some point be in a permanent vegetative state and unable to express your wishes for termination of life support.

Dispensing a lifetime of accumulated possessions should be one of your top priorities.  Attorney Lyle M. Clark has been helping people with estate planning in the Seattle area for more than 35 years.  He understands every nuance of the process to give you the peace of mind that you deserve.  Contact Lyle Clark today at (425) 452-3092 and make an appointment to discuss your estate at his Bellevue office.