How will the court determine where the children will live. Custody of children is a complicated process driven by the legislature but also leaving broad discretion to the court. In the simplest terms, the court will look at what will be in the best interests of the children based on the past history of parenting, the future ability to parent, and the bond the child or children have with each parent. Each of these factors is open to substantial interpretation and each parent may have a very different perspective about their own involvement with the children and the involvement of the other parent. It is important to seek legal advice before making any changes to your parenting schedule.

Will our property just be split 50/50? Not necessarily. The court starts with the basic structure that divisions will be made 50/50 to divorcing parties. However, the court considers a variety of factors such as the relative ages, health, working past, economic future, disability, separate property, etc. The court may split the property of a marriage 60/40, or even more disproportionate, depending on the circumstances of the parties. It is important to understand your rights before you rush to a settlement that may leave you disadvantaged.

Will I be entitled to or required to pay alimony or spousal maintenance. Alimony is called spousal maintenance in the State of Washington. Spousal maintenance at this time is only available in Washington to couples who are legally married, not to parties living in a long term, unmarried relationship. Spousal maintenance is based on a number of factors but primarily on the length of the marriage and one party's ability to pay and the other party's need.

At what age can my child decide where he/she wants to live. This is a common misconception. Children are not allowed (prior to 18) to decide where they want to live. However, as children reach a more mature age (sometimes 12 +), they will potentially have more input into where and why they would want to live with either parent. It is critical that a parent avoid lobbying the child or children about where they want to live, as this may cause long term harm to the children and to their parental relationships.

If I'm not married, had a child and signed a paternity affidavit, do I have all the legal rights of a father? Not entirely. Although signing a birth certificate and a paternity affidavit may make you the presumed father, you may not have enforceable legal rights to a parenting plan in the State of Washington until you legally establish paternity through a paternity action. Ironically, the State of Washington can collect child support from you, even without establishing your parenting rights.