Family is the most important detail to you and it is a top priority to us at Mirghanbari Law Office ("MLO").

We understand the importance of family relationships and our primary goal is to provide you with quality, professional individualized service so that you and your family may begin healing.

MLO practices in the following areas:

• Dissolutions (Divorce)
• Child Custody (Parenting Plans)
• Child Support
• Domestic Violence
• Paternity Actions and Defense
• Pre and Post Nuptial Agreements
• Spousal Maintenance (Alimony)
• Adoption

Frequently Asked Family Law Questions:

What is Family Law?

Family law covers more than just the termination of a marriage.  Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to marriage, civil unions, divorce, spousal abuse, child custody and visitation, property, alimony, and child support awards, as well as child abuse issues, and adoption.  A good family law attorney provides their clients with care, compassion and dedication to simplify and ease the divorce process and if children are involved, to do what is in the best interest of the child. 

How is Child Support Calculated?

In Washington, child support is based on a schedule in RCW 26.19 taking into consideration parent's income after allowable deductions (e.g., taxes, FICA, workmen's compensation, dues, mandatory pension withholdings.), the number of children in a family and their ages. Income from new spouses is generally not included in the calculations, only the parent's earning.  While it may seem simple, it can often be a confusing and complex process to analyze what should be included and excluded from a spouse income. 

When should I do a Legal Separation rather than a Dissolution (divorce)?

There are times when couples may need some time apart, but do not want to end their marriage. The process for obtaining a legal separation versus a divorce is almost identical, but do contain the following differences.  Under legal separation, the parties are still married.  In a divorce, the marriage is dissolved and the parties are free to remarry.  For reconciliation, if the parties are obtaining a legal separation, they only need to dismiss their case.  After a divorce is entered, they must remarry.  The waiting period for a divorce is 90 days from the date of service and filing.  For legal separation, there is no waiting period.  However, once a decree for legal separation is entered, 180 days must pass before the decree can be converted into a decree of divorce.  Your family law attorney will help assist you in making the appropriate decision. 

How is Maintenance (alimony) determined?

Spousal maintenance is determined on a case-by-case basis.  There is no absolute right to spousal maintenance.  The court will weigh the following to determine, 1) need of the spouse seeking maintenance and the ability of the other spouse to provide the financial assistance requested, 2) the standard of living of each spouse.  This includes the duration of the marriage, the age, physical and emotional condition, and financial obligation of the spouse seeking maintenance.  For long-term marriages (30+ years), the court will attempt to equalize the parties financial situations until their retirement.  For short term marriages (5 years or less), the court will attempt to place the parties back in the situation they were prior to marriage.

What is the most important part of a Parenting Plan?

Often in divorces, the child is placed in the middle of the dispute.  Creating a parenting plan takes time, patience and flexibility.  The most important thing to realize is the parenting plan should be created for the best interest of the child.  Often a parenting plan will include permanent residential placement of a child, the residential/visitation schedule of both spouses, decision making authorities, transportation arrangements, and any restrictions on contact with the child, such as prior physical or emotional abuse by one spouse.  A good family law attorney will help assist you in reaching an agreement that considers the developmental needs of the child. 

How do I divide our property and/or debts with my spouse?

Washington is a community property state.  Both the community and separate assets, and debts of the parties will be before the court for division. Washington State law requires that the court divide all of the property and debts in a just and equitable manner. The court will consider the financial circumstances of each party when making a determination about how to fairly divide the assets and debts. The best most effective manner to divide assets and debts is to reach an agreement with your spouse prior to filing of the case before the court.  If an agreement still cannot be reached, you may need to provide a detailed list of all debts and assets with the value of each so that the court may make a recommendation. 

I am afraid of my partner, what should I do?

You should act as quickly as possible.  You should not wait to see a lawyer if the matter is urgent.  Immediately call a domestic violence hot line or shelter. The counselors there are equipped to help you get safe. Many places (including most court houses) can help you get a protection order at no cost to you. Another option is to speak to a lawyer and obtain a protection order or restraining order against your partner to avoid any unnecessary risks that could harm you or your child.

If you have additional questions or would like to talk to a lawyer, please Contact Us for more information.