The following are the 10 most frequently asked questions in family law and our answers:

1. How much will it cost?

The Public Advocate provides a free thirty minute consultation. The actual cost of the case depends on many factors, including whether or not there is litigation, the number of disputed claims, and the amount of time involved. Some of these factors are beyond our control. It is impossible to know how much a case will actually cost. We ask clients to sign a written fee agreement and pay an initial deposit before we begin working on a case. We will discuss fees at the initial consultation.

2. When can I get divorced?

In Washington, you can be divorced 90 days after filing a Petition for dissolution of the marriage. 

3. When can I begin dating?

This issue should be discussed with your attorney.

5. Will I get Custody?

You and your spouse can decide which of you will have custody of your children. If you and your spouse agree on custody, an agreement can be drafted to that effect. If your case involves litigation, you may participate in child custody mediation before having a trial in an effort to resolve custody by agreement. If you are unable to resolve this question in mediation, then a Court will resolve the issue of custody for you. A Judges decision is based on what he or she believes is in the child's best interest. In almost all cases, the parent not being awarded custody will be awarded periods of visitation with the child.

6. How is child support determined?

In most cases, child support is calculated based upon the Washington Child Support Guidelines which take into account the following:

(i) Both parties’ gross monthly income;

(ii) The monthly costs of work-related child care;

(iii) The monthly costs of health, dental and eye insurance for the benefit of the minor children.

4. Can I withhold visitation if my child support is not paid?

No, you cannot. Under Washington law, these are independent claims which are not connected to each other. If the visiting parent does not pay child support, the custodial parent is not entitled to withhold visitation. Likewise, if the custodial parent denies visitation to the visiting parent, the visiting parent must still pay child support. There are other remedies under the law to properly address these issues.

7. Am I entitled to maintenance?

To be entitled to maintenance, the claimant must have a need for maintenance and the other spouse must have an ability to pay.  There are a number of factors the Court considers in determining whether to award maintenance and, if so, how much and for how long.

8. How will our property be divided?

In Washington, community and separate property are divided in a "fair and equitable" way.  The Court may distribute both community and separate property in an unequal fashion by giving one party more than half of the total net value of the assets of debts if it finds that the circumstances justify that result. 

9. What should I do if my spouse is violent?

Immediately call 911. Ask the police for assistance. Once you are safe, contact the domestic violence relief agency in your area. The domestic violence relief agency will provide you with a safe place to stay.

10. How do I get a legal separation?

You are legally separated once you and your spouse are living in different residences with the intent to live separate and apart.

DISCLAIMER: THE FOREGOING IS ONLY A PARTIAL SUMMARY OF INFORMATION WHICH IS RESPONSIVE TO THESE QUESTIONS. IT IS NOT INTENDED AS LEGAL ADVICE.