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The Law Offices of Jason S. Newcombe.
Experienced Seattle Family Law Lawyers.
Family Law in Seattle and Washington State.
All family law matters in Seattle and throughout Washington State are governed by statute, as interpreted by our appellate courts. In general, Washington family law has few absolute principles. Our laws were specifically designed and written to provide judges with tremendous discretion. This flexibility is supposed to be a good thing. And, in some respects, it is a good thing. The laws give our commissioners and judges the latitude to make very difficult decisions based on their knowledge, experience and instincts.
On the other hand, it can also make things quite unpredictable. For example, rather than setting hard rules for determining the outcome of most child custody matters, our statutes rely on commissioners and judges to broadly do "what is in the best interests of the child". In close cases, this can mean many things to different judges.
Or, as another example, with regard to spousal maintenance, judges are not governed by strict principles or guidelines. Rather, they are supposed to set spousal support "in such amounts and for such periods of time as the court deems just, without regard to marital misconduct". In so doing, they look at several factors such as the length of the marriage and the parties' earning capacities. But they are not bound in their rulings by any set formula.
Now, Washington's family laws are not completely without guidance. Our divorce statutes often provide judges with a basic framework from which to begin their analysis, and they also often list specific factors that must be considered when making a particular decision.
Additionally, these laws have also been interpreted and clarified by our appellate courts. Within this general framework, however, judges are given wide latitude to fashion remedies that they deem are "fair" and "appropriate" given the specific evidence presented. Ultimately, the simple truth is that there are very few absolutes in Washington State family law.
Washington State family laws can be very unpredictable.
The bottom line is that trying a family law case in Seattle Superior Court can be very unpredictable at times. This is because many family law matters often end up being little more that a good old fashioned swearing match. For example, in a child custody dispute, each spouse frequently has a completely different perspective on who has been the more active parent and who is best equipped the meet the child's ongoing emotional, psychological and intellectual needs.
At trial, parents often suffer from selective memory, and it is up to each party's attorney to present the evidence in a light most favorable to their client. In some cases, it is abundantly clear that one or both of the parents are simply lying. In these situations, the judge is often faced with conflicting evidence and testimony. In the end, they must do the best that they can with the evidence presented at a motions hearing or at trial. But it is an imperfect system, and its results often seem unfair and wrong.
This is why it is important to identify the strengths and the weaknesses of your case early on and to set a strategy in place at the onset of your case that is specifically designed to highlight and emphasize the facts most beneficial to achieving your most important goals.
Call now for more information about our WA State divorce and family law services.All family law matters in Seattle and throughout Washington State are governed by statute, as interpreted by our appellate courts. In general, Washington family law has few absolute principles. Our laws were specifically designed and written to provide judges with tremendous discretion. This flexibility is supposed to be a good thing. And, in some respects, it is a good thing. The laws give our commissioners and judges the latitude to make very difficult decisions based on their knowledge, experience and instincts.
On the other hand, it can also make things quite unpredictable. For example, rather than setting hard rules for determining the outcome of most child custody matters, our statutes rely on commissioners and judges to broadly do "what is in the best interests of the child". In close cases, this can mean many things to different judges.
Or, as another example, with regard to spousal maintenance, judges are not governed by strict principles or guidelines. Rather, they are supposed to set spousal support "in such amounts and for such periods of time as the court deems just, without regard to marital misconduct". In so doing, they look at several factors such as the length of the marriage and the parties' earning capacities. But they are not bound in their rulings by any set formula.
Now, Washington's family laws are not completely without guidance. Our divorce statutes often provide judges with a basic framework from which to begin their analysis, and they also often list specific factors that must be considered when making a particular decision.
Additionally, these laws have also been interpreted and clarified by our appellate courts. Within this general framework, however, judges are given wide latitude to fashion remedies that they deem are "fair" and "appropriate" given the specific evidence presented. Ultimately, the simple truth is that there are very few absolutes in Washington State family law.
Washington State family laws can be very unpredictable.
The bottom line is that trying a family law case in Seattle Superior Court can be very unpredictable at times. This is because many family law matters often end up being little more that a good old fashioned swearing match. For example, in a child custody dispute, each spouse frequently has a completely different perspective on who has been the more active parent and who is best equipped the meet the child's ongoing emotional, psychological and intellectual needs.
At trial, parents often suffer from selective memory, and it is up to each party's attorney to present the evidence in a light most favorable to their client. In some cases, it is abundantly clear that one or both of the parents are simply lying. In these situations, the judge is often faced with conflicting evidence and testimony. In the end, they must do the best that they can with the evidence presented at a motions hearing or at trial. But it is an imperfect system, and its results often seem unfair and wrong.
This is why it is important to identify the strengths and the weaknesses of your case early on and to set a strategy in place at the onset of your case that is specifically designed to highlight and emphasize the facts most beneficial to achieving your most important goals.
(206) 624-3644
(425) 455-2040
(253) 852-1661
The Law Offices of Jason S. Newcombe provides family law legal services to clients throughout the greater Puget Sound, King County and WA State. Our experienced and affordable family law attorneys handle all contested and uncontested family law matters for clients located in Seattle, Bellevue, Kirkland, Auburn, Kent, Renton, Tukwila, Federal Way, Shoreline, Burien, Des Moines. Our divorce lawyers handle all dissolution, child custody, child support, paternity, parenting plan, modification and enforcement of existing orders.
The Law Offices of Jason S. Newcombe provides family law legal services to clients throughout the greater Puget Sound, King County and WA State. Our experienced and affordable family law attorneys handle all contested and uncontested family law matters for clients located in Seattle, Bellevue, Kirkland, Auburn, Kent, Renton, Tukwila, Federal Way, Shoreline, Burien, Des Moines. Our divorce lawyers handle all dissolution, child custody, child support, paternity, parenting plan, modification and enforcement of existing orders.