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Serving the communities of Bainbridge Island, Suquamish, Poulsbo, Kingston, Indianola, Port Gamble,Hansville, Bremerton, Port Orchard, Silverdale, Belfair. Seattle, all of King, Kitsap, Pierce and Mason Counties. Now serving all of Puget Sound and Washington State.
Contact us at 206/842-8363 to learn more, or download our brochure. Please complete our Cordial Divorce Interview form for a quote.
Offering legal services in the areas of Family Law, Business Law, Estate Planning, Probate, Contested Divorce
Parenting Plan Modification, Modification of Child Support, Custody Issues, Divorce with the spouse in another state or country, Collaborative Divorce, Cordial Divorce, Family Law Matters, Prenuptial Agreements
Incorporation, Limited Liability Companies, Corporate Formalities, Contracts, Partnerships, Buy/Sell Agreements, Start Ups
Wills, Trusts, Power of Attorney, Directives to Physician, Living Will, Living Trust
Divorce
Divorce is a life-changing situation that impacts family members on many levels of their well-being. The law office of Lynda H. McMaken can provide legal counsel to help you all move through divorce and on to the rest of your life.
The Lynda H. McMaken firm specializes in Cordial Divorce ™ — “divorce for grownups” — which is handled primarily by attorney Heather Forrler. This is a non-contested, mutual representation approach to ending your couple status. For more information, contact Heather directly.
Below are answers to Frequently Asked Questions, or FAQs, about common issues related to divorce:
How should I act in front of the children?
Please consider your children number one during this process.
CHILDREN BENEFIT WHEN PARENTS:
What is a dissolution of marriage?
Dissolution of marriage is the name for divorce in the court system. “Dissolution” is frequently used in place of dissolution of marriage.
Can I get a dissolution in Washington?
To qualify for a dissolution in Washington state, you must meet the following conditions:
What if my spouse fights the dissolution?
If you meet the above conditions, the court will grant a dissolution whether your spouse agrees or not. Your spouse can fight about other issues, including custody of children, visitation of children, child support, spousal maintenance (alimony), and the division of property and debts. If there is a fight over these or other issues, it may take more than 90 days before the dissolution is final.
What about legal separation?
The main difference between a legal separation and a divorce is that your marriage is not dissolved, so neither party can legally remarry unless the decree is first converted to a decree of dissolution. However, if either spouse wants a dissolution instead of separation, the Court will grant a dissolution. Another difference is that a legal separation does not affect how the Social Security Administration figures out benefits. The significant similarity is that the same issues are addressed, including parenting plan, child support, and the division of property and debt.
How can I convert a legal separation into a decree of dissolution?
Not less than six months after the decree of legal separation is signed by the judge, you or your spouse may ask the Court to convert the separation to a dissolution.
What if the wife is pregnant?
A request for dissolution will not be affected by pregnancy. A judge cannot deny or delay the decree of dissolution of a marriage based on the sole reason that the wife is pregnant.
What if I can't afford the filing fee?
You may ask the court to waive (not require you to pay) the filing fee. To ask for the waiver, you must file a Motion to Proceed in Forma Pauperis. Be sure to check with the Clerk of the Superior Court in the county where you want to file your Petition for Dissolution to find out if they require a special form for the Motion. The Motion to Proceed in Forma Pauperis must be filed and the Order signed before you can file for dissolution.
What can a decree of dissolution do?
The decree of dissolution sets forth the status of the relationship: dissolved. If the court has the jurisdiction (see below), the decree will also set forth the division of property and debts, any spousal maintenance, any name changes, enter restraining orders or an order of protection if needed, set custody and visitation for minor children, and set child support.
What can a decree of separation do?
The decree of separation sets forth the status of the relationship: legally separated. If the court has the jurisdiction (see below), the decree will also set forth the division of property and debts, any spousal maintenance, any name changes, enter restraining orders or an order of protection if needed, set custody and visitation for minor children, and set child support.