The following is a brief description of the primary services offered by the Law Offices of Matthew Jolly. If your question involves an area of the law in which some one in the firm does not have the requsite expertise, a quality referral will be provided to you.
The Law Offices of Matthew Jolly practices law only in the State of Washington. The legal issues addressed below discuss the law as it exists in the State of Washington; other states and countries have different legal rules.
Divorce
The single most common family law issue is divorce. Divorce is the process by which a marriage is officially and legally dissolved. Washington is a "no-fault" divorce state. This means that a divorce can be obtained in Washington generally if either spouse desires it. However, many issue raised in connection with divorce are not so simply resolved. Questions such as where the children will reside, how much child support will be paid, and how assets and debts should be divided are often very complicated and difficult.
Parenting Plans
A "Parenting Plan" sets forth the residential schedule for children of divorce outlining when they are with each parent. The parenting plan also addresses decision-making with regard to the children and provides a means for resolving disputes that arise between parents around such issues as education, religion and health care. Often the key to avoiding endless fights over children is a well-crafted parenting plan which addresses potential disputes and which is consistent with the best interests of the children.
Child Support
Child support is the money paid by one parent to another to cover a portion of the costs of food, clothing, and shelter for the children. The amount of child support is generally set at a pre-determined amount based upon the incomes of the parents. Sometimes parents can be obligated to pay additional expenses for the children in addition to normal child support such as day care, counseling expenses, and school tuition.
Property Divisions
Under Washington law, property acquired by either spouse during the marriage is generally community property. Community property is owned jointly by both spouses. However, community property is not necessarily divided 50/50 at divorce. Factors such as preserving the family home for the children or a significant disparity in the earnings of the spouses can lead to lopsided divisions of the property in favor of one spouse or the other. An attorney can assist you in identifying and valuing all of the property and in obtaining a division of the assets that is fair and equitable under your individual circumstances.
Spousal Maintenance
Spousal maintenance (traditionally known as alimony) is money paid by one spouse to the other to assist the recipient in meeting his or her expenses. Traditionally, spousal maintenance is most common in marriages of longer duration where there is a significant difference in incomes. Maintenance can be used to allow a spouse to obtain education so that he or she can earn a higher salary. Maintenance can also be used to compensate a spouse who has made economic sacrifices to benefit the marriage. The most common example occurs where one spouse ceases working in order to care for young children while the other spouse is able to continue to pursue his or her career. We can assist you in determining whether spousal maintenance is appropriate in your situation and, if so, how much and for how long.
Custody Modifications
A custody modification occurs when one or both parents want to change the residential schedule for the children. This can include minor adjustments to the children's schedule or can include a major change such as moving the children from one parent's home to the other's. Unless both parents agree to the change, such modifications are only possible under limited circumstances. The attorneys can assist you in determining whether modification of the children's residential schedule is appropriate and the best manner of proceeding to accomplish such a change.
Child Support Modifications
Child support obligations can last for many years. As a result, the support amount may need to change from time to time. This may include major changes caused by job loss, disability, or large changes in salary. It can also include smaller periodic adjustments to keep up with raises and promotions for each parent. Finally, a support modification can address college expenses for a child who is graduating from high school. We can quickly and easily review your current child support arrangements and help you determine whether a change in support is needed.
Non-Marital Relationships
Often, unmarried individuals can face significant family law problems. Many of these are the same problems faced by married individuals concerning child custody, child support, and even property division.
More and more people are choosing to live together without marriage. Couples in cohabiting relationships face some unique legal challenges during their relationship. Common issues include purchasing a home together and entering into written agreements governing ownership, acquisition and use of property. If a cohabiting relationship ends after many years, the parties may have rights in the property acquired during their relationship which are similar to community property rights for married couples.
Paternity
Often it is appropriate for unmarried parents to bring paternity matters before the court. By doing so, the parent insures that the parentage of the child is affirmed and that issues of child support and visitation are properly addressed. Paternity cases can often involve some difficult challenges for the parents and we can assist you in facing and overcoming many of those challenges.
Pre Nuptial Agreements
A pre-nuptial agreement is a contract entered into by couples planning on marriage which governs how their property would be divided in the event of death or divorce. People enter into pre-nuptial agreements for a variety of reasons, most commonly to protect assets for children from previous relationships. The law governing pre-nuptial agreements is complicated and such agreements are frequently difficult to enforce. We can assist clients in entering into an agreement that is both fair and enforceable.
Estate Planning
Every adult should have an estate plan, that is, a legally binding plan in writing as what his/her wishes are upon his/her death or incapacitation. "Estate" does not necessarily mean large and extensive holdings, but is a term used to describe everything a person owns in any fashion: money, house, cars, stocks, etc. The General Estate Plan should include at a minimum the following documents: A Will or Trust which will direct how your estate will be distributed according to your wishes upon your death; a Living Will or Directive to Physicians which directs your health care provider how you wish him/her to proceed upon your incapacity and near-death when you can not give instructions; a Durable Power of Attorney which appoints a person to act legally for you if you are not incapacitated and cannot act for yourself; and a Durable Power of Attorney for Health Care which allows someone to act on your behalf with regard to medical decisions when you are incapacitated and unable to make these decisions. These documents should be reviewed periodically as your circumstances change.
More Extensive Estate Planning.
Some estates are of sufficient size to require careful tax planning in conjunction with the estate planning as set out above. In such estates the Law Offices of Matthew Jolly makes either appropriate referrals or acquires for the client legal-tax consultation.
