Law Office of Jacqueline Porter:


Divorce. DUI. Criminal Defense. Domestic Violence. Custody. Relocations. Gun Rights. Expungement.

Once you have made the decision to get divorced, there is much to consider:


Child Custody and Parenting Plans

Division of Assets

Insurance

Retirement Funds

Real Estate

Savings

Name Changes


These issues must be addressed by an experienced Family Law attorney.  


Whether your divorce is uncontested or will be hotly litigated, WE CAN HELP. 


REAL Questions and Answers:  



Q:  Looking at a divorce. Looking mutually agreeable. Whats the easiest way to do things.: We've both pretty much decided it's time to part. I think we can probably sit down between the 2 of us and figure out the asset division ahead of time. No kids. What's the easiest way to go about this. Do we need 2 lawyers or can we use just one.

Asked about 6 hours ago in Divorce

A:  Jacqueline’s answer: You can use one attorney, but that attorney can only represent one of you. Even in an uncontested divorce, which it sounds like this is, it is money well-spent to have an attorney properly draft your paperwork, file it, and enter final orders after the 90 day waiting period.



Q:  I was married in ID, we have been separated for three years. My ex lives in ID, I live in WA. In which state do I file?  We have a minor child, she has 100% custody. Divorce is uncontested. No assets to divide.


A:  Jacqueline's Answer:   Technically, either of you could file in your respective home states. The problem is that if your child has never lived in Washington, Washington is not going to have jurisdiction over your child and when there is a dissolution with children, courts require a parenting plan and child support order. For this reason, it really makes more sense to file in Idaho.



Q:  The husband has an affair. Wife is disabled. Can wife claim over 50% of total asset, 401K, and future pension from husband? The husband (55) has an affair with an over-sea, young (31) woman (in VN) with one child. This is becoming a business where young female often prey on older man with the hope of coming to America as well as future [free] income inheritant. Because of this, the husband wants to maximize his portion of the divorce case. 

How can the disabled wife, who does not work and has disability benefit, maximize her share of the settlement? For cases like this, often what is considered as fair?


A:  Jacqueline's Answer:   Any evidence of "marital misconduct" would be both irrelevant and inadmissible. As for the division of assets, it would be up to the Court to divide the assets fairly and equitably. This does not always mean 50/50 as there are many factors for the Court to consider when determining what is equitable.




Q:  In a divorce case if the judge rules on maintenance & division of assets based on CRUCIAL financial documents that were not presented by counsel is that a cause for a Motion of Reconsideration? Or an Appeal? My attorney was beyond unprepared and inadequate, can I represent myself? 

A:  Jacqueline's Answer:   If the evidence was knowingly in existence at the time of your trial, but it was simply not presented, then it is quite unlikely that the evidence could be presented later as a basis for a modification. There is a principal called res judicata. It basically means that you have one bite at the apple. You cannot go back and re-litigate issues that have already been litigated. 


Q: In a divorce case if one party files temporary motion, can the other party file a temporary motion at the same time? A divorce case just started. My wife's attorney filed a temporary order for child support and failed to mention temporary parenting plan, can we file for our own temporary motion at the same time asking for temporary child custody or parenting plan? This way both motions can be heard on the same date possibly. I read this on Washingtonlawhelp.org Please advise. I hope that when the other party files a temporary order motion, we don't have to wait for their hearing and decision before we can file our own to address our concerns and things that matter in the case.
What can I do now if it is already too late. I am finding this now and the court hearing date for this first Temp. motion by the other attorney is tomorrow. We could have filed our own temp. motion which we didn't. I didn't know until now and my attorney didn't advise me properly.

A:  Jacqueline's Answer:   You can absolutely file your own motion and set it to be heard the same day. Be aware that there are notice requirements, so you will need to give proper and timely notice of the hearing.   


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