On behalf of Law Offices of Susan Millican O'Brian & Associates, P.S. posted in Family Law on Friday, May 18, 2012
Divorce can be a long process for many in Washington. Few, however, see their family law cases span years before a final decree is issued. For one Tacoma woman, it has taken more than four years to complete a divorce, reportedly due in large parts to the actions of her ex-husband.
The couple separated in 2008. At that time, the husband told the woman that he wanted to file for divorce in Lincoln County where, he said, the divorce could be processed quickly. When negotiations between the spouses stalled, the case was left to linger and was likely eventually dismissed due to lack of progress, if it was ever filed in the first place.
On behalf of Law Offices of Susan Millican O'Brian & Associates, P.S. posted in Divorce on Wednesday, May 9, 2012
The American Academy of Matrimonial Lawyers reports that nearly half of all divorce matters involve some use of electronic evidence -- at least that is what they reported for pending matrimonial matters occurring five years ago, and presumably the figures have increased since then. When spouses decide to file for a divorce, they are many times angry and suspicious of the other spouse. This anger can lead to a desire to find out what the other person is doing, particularly in so far as it may impact pending negotiations or litigation.
Officials have reported that the use of electronics has increased in matters like divorce and child custody. Whereas in prior years those seeking a divorce in Washington could hire a private investigator to check on their soon-to-be ex-spouse, now they can do it themselves. Using software, miniature cameras and recording devices, a person can easily spy on their mate, though one should be mindful of privacy laws in the state where the spying in intended to take place. The devices used by some to spy on their spouses can cost as little as $200 to $300 on the Internet.
On behalf of Law Offices of Susan Millican O'Brian & Associates, P.S. posted in Divorce on Wednesday, May 2, 2012
Getting divorced can be an emotional and stressful experience in Washington or anywhere across the country. Time in court, decisions regarding child custody and maintenance, as well as asset distribution, are just a few of the issues that a person may face. This stress is why some in our state are considering other alternatives to the traditional divorce process.
In Washington a person typically files for a divorce with the local court. After the filing, there are court hearings and documents to be produced, and the litigation proceeds along its scheduled path to a trial if the parties do not reach a settlement. However, some are looking to alternatives such as mediation or collaborative divorce for assistance.
On behalf of Law Offices of Susan Millican O'Brian & Associates, P.S. posted in Child Custody on Wednesday, April 25, 2012
Washington couples who are going through a divorce spend much of their time negotiating the specifics of the divorce with their soon-to-be ex-spouse. Topics up for negotiation include the division of assets, the family home, and in some cases, child custody. For many families, the decision about which parent should have custody of any minor children is often a contentious and emotional one.
In many Washington cases the decision about the placement of a child is made through negotiations by the parents. In an effort to make a determination as to what is best for the child, the parents often set aside their differences to agree on a child custody plan. In other cases, when the parents cannot agree, a court is asked to decide child custody.
On behalf of Law Offices of Susan Millican O'Brian & Associates, P.S. posted in Divorce on Friday, April 20, 2012
Celebrity marriages seem to many to be the ideal, much like the old saying about the grass always seeming greener in the other fellow's yard. But having fame, fortune and life's luxuries does not always help save a relationship. Like many Washington couples, celebrities sometimes decide that divorce is the best answer.
After a seven-year marriage that was famous for public displays of affection, Heidi Klum and Seal have announced that they are getting a divorce. Klum, a model and actress who stars on television's "Project Runway," reportedly filed formal papers in a court on April 6. This comes after a separation was reported in January.
On behalf of Law Offices of Susan Millican O'Brian & Associates, P.S. posted in Property Division on Tuesday, April 10, 2012
Property division is a contentious issue in many Washington divorce cases. In these dissolution matters, a couple must first work to determine the value of a marital estate. Once the value is determined, a property division that is fair and equitable can be determined.
Reviewing all of their assets can be of assistance to a couple as the settlement agreement is negotiated. These assets typically include not only investment and savings accounts, but also all types of personal property. Once a settlement agreement is made, it can be difficult for a divorced couple to thereafter modify property division issues.
On behalf of Law Offices of Susan Millican O'Brian & Associates, P.S. posted in Divorce on Wednesday, April 4, 2012
As many Washington residents may know, it was once true that people who moved in together before they got married were more likely to eventually seek a divorce than those who did not. Interestingly enough, though, moving in before marriage is no longer a good indicator for signaling whether a marriage will end in divorce. That finding is the result of a new study that surveyed 22,000 men and women from across the United States.
Conducted by the Centers for Disease Control and Prevention, the study looked for any trends in first marriages. It found that for couples who were engaged first and then moved in together before taking their vows, their marriage was just as likely to last 15 years as those who waited until after they took their vows to live together. Still, those chances of reaching the 15-year mark fell slightly if the couple moved in together before they were engaged.
On behalf of Law Offices of Susan Millican O'Brian & Associates, P.S. posted in Divorce on Tuesday, March 27, 2012
The high level of stress that sometimes accompanies a divorce can make a person forget to consider important details as they strive to put their life together. Careful planning can assist in navigating the financial aspects of a divorce and assist in mitigating the emotional toll.
Authorities suggest that early in the divorce process it may be wise for a couple to sit down and review all aspects of their financial lives. A complete list of assets and liabilities that includes investments, retirement accounts and 401k plans can create a picture of the financial history of the marriage. This information may be valuable in a settlement negotiation or as a couple works to distribute assets and debts.
On behalf of Law Offices of Susan Millican O'Brian & Associates, P.S. posted in Child Custody on Monday, March 19, 2012
Parents in Washington often face disagreements over child custody as they go through a divorce. Questions surrounding the living situation of a child often lead to a court being asked to make a determination. In those situations, child custody is typically awarded to the primary caregiver of a child.
In some child custody cases circumstances exist that make the custody question more difficult to resolve. For instance, if one of the parents is deported, custody may be awarded to a citizen parent or when that parent is also unavailable or unable, by making other arrangements. In those matters, it is often difficult for the deported parent to regain primary custody of the child.
On behalf of Law Offices of Susan Millican O'Brian & Associates, P.S. posted in Divorce on Wednesday, March 14, 2012
In Washington, the weather begins to change in the early spring and the first blooms appear on the trees. The winter releases its grip on the northwest and the sun begins to shine. A University of Washington professor believes that this renewal leads in large part to an increase in divorce filings in the spring as people seek to begin anew.
March is the month in which more people across the country file for divorce than at any other time of the year, reports suggest. A University of Washington professor tells reporters that this spike in filings can be due to many factors. Couples who may have been on shaky ground prior to the holiday season may have found that they are ready to "take the plunge" to end their marriage.
