Legal Question in Family Law in Washington

At home mom seeking advise on legal separation

I'm seeking advise for legal separation from husband of 10 yrs. 2 chilren ages (2-4)I've been a stay-home mom since our 1st child.(a joint decision) What can I expect for support and how--name removed--we settle on custody. I expect him to play games, so I would like it spelled out for him.--name removed--I keep any med/dent benifits I currently have until a divorce?--name removed--I need him to agree with this separation on paper? My name is on the utilities but not on any assets.(cc/home/cars/etc) Would I be partly responsible for our debits, since I believe this to be a community property state? I'm concerned since I have no income. My husband works as an engineer for the BNSF and never has a consistant schedule, how will custody be determined. He has never been alone with both children for more than a 3 hour period. We have been through marriage counciling for over a year and can't seem to resolve our issues. I've been concidering a seperation/divorce for some time and This website seems to be a great resourse. Any advise would be greatly appreciated. Thanks a million,--name removed--


Asked on 4/10/05, 12:11 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: At home mom seeking advise on legal separation

Support is based on combined income and the Washington State Child Support Schedule. Without income figurs I can't tell you anything specific. Your income may be imputed (based on an average for a person of your sex and age, unless you can prove you are involuntarily unemployed/underemployed). You may able to get some level of spousal maintenance (to assist you in getting education/training/moved into the work force).

Many employers treat legal separation very much like a divorce for benefits purposes (medical, dental, etc.) I don't know about BNSF policy.

You are both liable for debts and have equal claim to assets if acquired during marriage. How they get divided is subject to many factors (current and possible income, other assets or debts).

Parenting Plans are the mechanism for documenting the parenting arrangements between separated/divorced parents, the better the parents work together the less rigid the parenting plan needs to be, and of course the worse they work together the more rigid and detailed the parenting plan usually has to be.

I have thoughts about marriage counseling and have personal experience with counseling and marriage counseling and have worked to make available some resources that other attorneys are generally not using but you may want to consider.

I'd be available to talk with you about this situation.

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Answered on 4/11/05, 3:27 am


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