Elise Buie Family Law, PLLC

We absolutely can. We would want to talk through the particulars of your circumstance. Feel free to reach out to us to schedule a consultation. We currently do not charge for consultations regarding prenuptial and post-nuptial agreements. You can learn more about prenups by visiting: https://elisebuiefamilylaw.com/relationship-planning/, or if you need help broaching the topic with your partner, our article may be able to help: https://elisebuiefamilylaw.com/how-to-broach-the-topic-of-a-prenup-with-your-partner/

We do handle probates, give us a call and we can get you scheduled for a free consultation. In the meantime, you may find this article helpful: https://elisebuiefamilylaw.com/washington-probate-paying-the-decedents-debts-tax-returns-and-distributing-the-estate/

We offer comprehensive and holistic estate planning with flat fee pricing. We would be happy to schedule you for a consult to discuss the specific goals and objectives you would like to achieve with your plan.

If you decide to reconcile with your spouse while your petition is pending, you may do so in two ways. You may dismiss the case if the other party agrees or if the other party has not appeared in the matter. Dismissing the case cancels the legal action and the legal effect is to put you back into the position you were in before you filed. You may also file a Notice of Reconciliation. This pauses the case for several months. If you take no further action, the case is dismissed. However, if you decide to continue with the divorce, you file an amended petition to continue it. If your legal separation has already been filed, but you are reconciling with your spouse, you should file a Motion to Vacate Decree of Legal Separation. Once the court approves it, effectively, the separation has not occurred. It is important to file this notice with the court. It can become legally murky where a couple has married, separated, reconciled (without filing), and then restarts the divorce process.

Courts presume property is community property unless proven otherwise. All property acquired before marriage and after separation is presumed individual property, with a few exceptions. The party claiming that an item of property is separate or community is responsible for providing proof. To prove that an asset is separate, it must be able to be traced. When tracing assets, the naming of the asset, for example, the party on the car’s title, or the party on the deed to the home, may not be the determining factor for characterization. If assets have been mixed to the extent that tracing is impossible, they are said to be co-mingled and are viewed as community property.

In reviewing the family home, the first consideration is the extent to which it is community property or separate property, or a combination of both. Some parties sell the home and divide the assets (less sale costs and any remaining mortgage). Others have one party receive the home, and the other receives an offset for their community property share, or conversely, the party receiving the home may also receive a large portion of the debt. If a mortgage is in place on the home, it will often need to be transferred to one of the party’s names alone. If you wish to remain living in the family home, it is always best to speak with an attorney before you separate or move out, as the court may lean towards affirming the status quo.

Yes, we can. Parents of a special needs child or adult should have a comprehensive estate plan. You will want to preserve public benefits for your disabled child while enhancing their quality of life. Our special needs trust attorney can explain your options and the implications of your decisions. It is also essential to talk to an estate planning attorney before listing a differently-abled child or adult as a beneficiary of a life insurance policy or other assets. Reach out to us today to speak with one of the well-qualified special needs estate planning attorneys on our team.

If you own anything, have children, or have specific health care wishes you need to have an estate plan. Without a clear plan you leave the decision making to other people which may create unintended burden or stress, as well as complexity. Our highly-skilled estate planning attorneys can create a customized plan to address all of your concerns and intended outcomes.

Washington State is a no-fault divorce state. Your property will be divided equitable without regard to infidelity.

After you file your initial documents, you will need to serve the other spouse. Service does not occur automatically; you have to have the court papers delivered to your spouse. You should never serve the papers yourself. You must provide all of the papers you filed with the court, except for the Confidential Information Sheet. The other party can agree to service by filing a Service Accepted form, but if they do not accept service, you will have to have someone over the age of 18 serve the papers for you. Generally, it is best to hire a process server. If you cannot afford one, you may have a competent adult serve the papers and complete a Proof of Personal Service form. Service is critical because, without it, your case may be set aside.

You may be able to file for default. The court will grant the requests you made in the petition so long as they are lawful and service was properly made. You will want to consult with an attorney to make sure everything is handled properly.

No. In fact, most cases settle before going to trial. Before moving to the courtroom, the parties may first attempt to resolve the conflict themselves, either alone or with the aid of legal counsel. If they are unable to resolve the dispute, they often seek additional support from a mediator. Very often, after the parties attend mediation, the parties are able to resolve their issues. In the event the parties do not reach an agreement, they proceed to trial.

Mediation is a method of alternative dispute resolution in which the parties engage in voluntary decision-making facilitated by an impartial third party, which aids in communication and negotiation. The mediator supports the parties’ own decision-making process. Mediators assist in this capacity through communication training, utilizing active listening, reframing, coaching, summarizing, and clarifying. The mediator facilitates communication but has no legal power to compel or enforce a decision.