177

How to Get Temporary Orders – Proposed Parenting Plan

By admin  /  Resources  /  2 Responses

This is part 5 of 8 of our series on what forms you need to file for temporary orders in your divorce case. Last week we went over the Sealed Financial Source Documents. Next week we’ll go over the Proposed Order of Child Support.

Off to School

WHY YOU NEED IT

If you have children, one of the most critical components of your Motion for Temporary Orders is your proposed Temporary Parenting Plan.  Your proposed Temporary Parenting Plan will tell the court where and with which parent you believe the child should live on any given day of the week.

Each family’s Parenting Plan is different, but every Parenting Plan sets out a primary residential schedule for the divorcing parties’ child or children.  Some plans provide for the child(ren) to live with each parent on alternating weeks.  Others provide for the child(ren) to live primarily with one parent, while visiting with the other on weekends or alternating weekends.   Still other plans may limit one parent’s time with the children, and call for supervised visitation or make a parent’s visitation contingent on the parent’s participation in certain services like drug and alcohol or domestic violence counseling.

Each Parenting Plan also has provisions for the child’s schedule during school breaks, and major holidays such Thanksgiving, Christmas, and New Years, and on special occasions such as Mother’s Day, Father’s Day and birthdays.

A  Temporary Parenting Plan also designates one or both parents to make major decisions about the child.  Major decisions include non-emergency health care, education, and religious upbringing.  Many Parenting Plans also cover such decisions  as whether the child can obtain a driver’s license, serve in the military or marry before 18, get a cell phone or get her (or his) ears pierced.

Another provision of the Parenting Plan will state how you and your spouse will resolve disputes over parenting issues.  This will often be done through an alternative dispute resolution process such as mediation or arbitration, but may also be done through court action only.

When you file for a Temporary Plan, your own proposed Plan should cover all of these considerations.  And, as discussed in our article on your Motion and Declaration, you must explain to the court why your plan serves your child(ren)’s best interests.

Story time

So how does a court determine which Parenting Plan is in a kid’s best interests?  This determination, which is far from perfect or exacting, includes a consideration of numerous factors.  Some of these factors include with which parent the child spent the most time when the parents were together, which parent has performed most of the parenting functions (such as feeding and bathing the child, attending parent/teacher conferences, attending the child’s medical appointments, and/or helping with homework).  The court will consider the quality of the child’s relationship with each parent, and whether there are reasons to limit one parent’s time with the child.  The court will also consider practical and logistical matters such as which parent’s home is closest to the child’s current school, and how far one parent lives from the other.

Ultimately, after considering all of these factors (and more) the court will enter a Plan that it deems to be in the best interests of your child even if that plan differs from the plan that you or your spouse proposed.

WHERE TO GET IT

Like all pattern forms, a blank Temporary Parenting Plan can be downloaded from the Washington Pattern Court Forms website.

WHAT IT LOOKS LIKE

Check out a blank Temporary Parenting Plan here.

177

How To Get Temporary Orders – Sealed Financial Source Documents Cover Sheet

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This is part 5 of 8 of our series on what forms you need to file for temporary orders in your divorce case. Last week we went over the Financial Declaration. Next week we’ll go over the Proposed Temporary Parenting Plan (only if you have kids, of course).

The Sealed Financial Source Documents Cover Sheet lists the financial documents you are providing to the court, under seal (that is, no one can see them except for the court – and your ex).

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WHY YOU NEED IT

Each time the court requires you to submit a financial declaration, you must also submit financial documents to support it, according to Local Family Law Rule 10. The main documents you will need to file are:

  • Your last 6 months of pay stubs.
  • Your last 2 tax returns, including all schedules and W2′s.
  • 6 months of bank statements for every account you have at “banks, credit unions, mutual fund companies, and brokerages” – not credit cards.

You also need to give relevant documentation if you own more than 5% of a business or get non-taxable income (such as from a trust).

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WHERE YOU GET IT

Like all documents needed in a temporary orders proceedings, you can pick up the Sealed Financial Source Documents Cover Sheet on the Washington Pattern Forms site.

WHAT IS LOOKS LIKES IT

You can find the Word version here.

TIP: When submitting financial documents, use a permanent marker to cross all but the last four digits of each bank account number every single time it is listed, and cross out other senstive information such as your social security number, employee id number, etc. Even though it is a sealed document, it’s good practice to keep these numbers private from both the court and your ex!

177

How to Get Temporary Orders – Financial Declaration

By admin  /  Resources  /  2 Responses

This is part 4 of 8 of our series on what forms you need to file for temporary orders in your divorce case. Last week we went over the Motion and Declaration. Next week we’ll go over the sealed financial source documents form (and accompanying documents).

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A Financial Declaration is a sworn document in which you tell the court how much money you make, and how much money you spend on expenses like your mortgage or rent, utilities, food, transportation, and many other common expenses (even, for example, gym membership fees and magazine subscriptions).

You will also need to provide supporting documents such as pay stubs and bank statements (more on that next week). One tricky thing about the financial declaration is that although it a sworn statement, under penalty of perjury, it is not necessarily a statement of current expenses, but of prospective expenses. It reads:

Expenses should be calculated for the future, after separation, based on the anticipated residential schedule for the children.

In other words, if you are asking the court for custody of your children, and plan to get a three-bedroom apartment to accommodate this, your financial declaration should show how much you think it will cost. Of course, if you are already in that apartment, just list your current expenses.

WHY YOU NEED IT

A Financial Declaration is required if you are asking the court for any kind of financial relief such as child support, spousal maintenance, or a division of your debts and assets.  If you are asking for spousal maintenance, you need a financial declaration to show the court how much you need.  If you are asking the court to divide responsibility for household bills between you and your spouse, the court needs to understand how much each spouse makes, and how much each spouse spends (and on what) in order to determine who should be responsible for what proportion of your bills.

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WHERE YOU GET IT

Like all documents needed in a temporary orders proceedings, you can pick up a blank Financial Declaration form on the Washington Pattern Forms site.

WHAT IS LOOKS LIKES IT

You can find the Word version here.

177

How to Get Temporary Orders – Motion and Declaration

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This is part 3 of 8 of our series on what forms you need to file for temporary orders in your divorce case. Last week we went over the Note For Motions Docket. Next week we’ll go over the Financial Declaration.

The Motion and Declaration for Temporary Orders is the heart of your case for temporary orders.

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WHY YOU NEED IT

This document tells the Court exactly what you want it to order, and why you believe the Court should enter those orders.  First, you must ask the Court to enter orders addressing each issue for which you are seeking the Court’s assistance.  Some common issues addressed in a motion for temporary orders include:

  • Who is responsible for household bills such as utilities, credit cards, mortgages, car payments, etc.
  • Who is responsible for maintaining insurance policies for health care, cars, etc.
  • Who stays in the house, and who needs to move out.
  • When, where and with which parent the children will live.
  • How much financial support each parent needs to provide for the children.
  • Whether one spouse is entitled to temporary financial support from the other.

Then, you give the Court an explanation with specific reasons why you believe that Court should decide these issues in your favor.  This is where your declaration comes in.  Your declaration is a sworn document – essentially, court testimony on paper.   Your declaration is an opportunity to tell the court your side of the story, and to assist the court in deciding a fair and equitable outcome of your motion.

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WHERE YOU GET IT

Like all documents needed in a temporary orders proceedings, you can pick up a blank Motion and Declaration for Temporary Orders on the Washington Pattern Forms site, or pick one up at the Clerk’s office.

WHAT IT LOOKS LIKE

You can find the Word version here.

177

How to Get Temporary Orders – Note for Motions Docket

By admin  /  Resources  /  1 Response

Last week we published a general article on the documents necessary to file Temporary Orders. Next week we’ll put up an article on the Motion and Declaration for Temporary Orders.

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The Note for Motion Docket is a document that tells the court, and your ex, what kind of motion you’ve filed, when, and where you want your motion to be heard by a Superior Court Commissioner. Make sure that you are scheduling your motion in the right place, either in Seattle or Kent depending upon where your case was filed. Also make sure that you have filed it for the proper time (don’t worry, it’s got handy checkboxes to help you get it right). As of May 2009, all temporary orders motions are heard at 9:30 AM, Monday through Friday, in both Seattle and Kent.

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WHY YOU NEED IT

The Note for Motion Docket informs the Court and your ex that you’ve filed a motion.  It also tells the Court Clerk when to schedule your hearing.  Without this document, your motion will simply be filed in your divorce case file – but there will be no hearing on your motion – doing you very little good.

WHERE YOU GET IT

You can download a blank Note for Motion Docket from the King County Superior Court forms site.  You can also pick one up at the Seattle or Kent courthouses.

WHAT IT LOOKS LIKE

Check out the Note for Motion for Seattle, and for Kent.

177

Filing For Temporary Orders – Why You (Probably) Need Them, And How To Get Them

By admin  /  Resources, Top Posts  /  2 Responses

The term “temporary orders” is shorthand for a number of different orders that you can ask the Court to enter prior to the finalization of your divorce.  They are temporary in the sense that they will be in force until they are replaced by the orders entered when you finalize your divorce (or, occasionally, later temporary orders).

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WHY YOU NEED THEM

Getting a divorce in King County can take a long time.  Temporary orders provide divorcing spouses with an initial set of governing documents that cover everything from who pays the mortgage to who gets the Wii.

Just about everything we commonly associate with a finalized divorce, such as child support, a parenting plan, spousal maintenance, and division of property, can also be dealt with before your divorce is completed, through temporary orders.

Some people are able to reach agreement on some, or all of the issues that can be litigated through a motion for temporary orders.  However, if you and your soon-t0-be-ex-spouse cannot reach an agreement, or if you feel your current, just-between-the-two-of-you agreement is not working, you can seek the court’s assistance.

HOW TO GET THEM

To get temporary orders, you must file a motion that asks the court for what you need, and explains why you need it.  Just like filing for divorce, the process of filing for temporary orders can be complicated, and usually involves a lot of paperwork.  At the outset, there are just two basic components of a Motion for Temporary Orders:

1.  Note for Motion Docket. Tells where and when the motion will be heard.

2. Motion and Declaration for Temporary Orders.

However, for most people these two documents will not be enough.  If you are asking the Court for any kind of financial relief (such as temporary spousal maintenance or an order that tells your ex to pay the Visa bill) you also need:

3.  A Financial Declaration. Sworn statement on your earnings and expenses.

4. Sealed Financial Source Documents. You have to include the last two years of tax returns, and the last six months of paystubs and bank statements. These are filed with the court under seal so that no one can look at them but the court.

What if you have kids?  You probably need an order setting out where, when and with which parent the kids will live.  And, of course, it would be helpful to determine exactly how much each parent needs to pay towards the kids’ support.  So, you will also need:

5.  A Proposed Temporary Parenting Plan.

6.  A Proposed Child Support Order.

7.  Child Support Worksheets.

You can find all of these forms  Washington Court patterns forms site except for the Note For Motion Docket and Sealed Financial Source Documents forms, which you will find in the forms directory of the King County Clerk’s Office.

Like our article on filing for divorce, we’re going to provide information on each individual component of a temporary orders motion in bite sized chunks, one post at a time, about once a week.

177

How To File For Divorce – Vital Statistics Form

By admin  /  Resources  /  2 Responses

This required Washington State form (formally called a Certificate of Dissolution, Declaration of Invalidity of Marriage or Legal Separation) is used by the Department of Health Statistics to collect data on divorces within the State of Washington.  The Department of Health Statistics states that the primary purposes of this data collection effect are to “1) to provide a brief, legal record of the event; and 2) to collect information on population trends.”

The Department of Health requires a Vital Statistics Form

WHY YOU NEED IT

Under Washington law, a person filing for divorce (in any county) must complete and file a Certificate of Dissolution, Declaration of Invalidity of Marriage or Legal Separation with the petition for dissolution in order to serve the State of Washington’s divorce data collection efforts.

WHERE YOU GET IT

Unlike most required court forms, the Certificate of Dissolution, Declaration of Invalidity of Marriage or Legal Separation is only available online if you are also filing for divorce online.  If you are filing for divorce in paper form, you or the clerk of the court must complete a paper certificate which is available at the clerk’s office.

The electronic version of the form is available here.  But, remember that you can only use this electronic form if you are also filing your petition for dissolution online. If you are filing the old-fashioned way, you must pick up a copy of the Certificate at the clerk’s office in the court house.

WHAT IT LOOKS LIKE

Check out the paper version of the Vital Statistics form (used for the Certificate of Dissolution, Declaration of Invalidity of Marriage, or Legal Separation) here.

177

How To File For Divorce – Confidential Information Form

By admin  /  Resources

WHY YOU NEED IT
The Confidential Information Form must be filed with your Petition and other opening documents.   The form itself asks for identifying information about you, your spouse, and your children – information such as social security numbers, addresses, drivers license numbers, addresses of employers, and so forth.

Though it is filed with the court, it is in fact confidential, and thus not part of the public file.  It can only be accessed by authorized individuals and agencies such as the Clerk of the court and the Division of Child Support.

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WHERE YOU GET IT
The CIF, and many other required forms, can be found on the King County Court Forms webpage or on the Washington State Pattern Forms page.

WHAT IT LOOKS LIKE

Click here to see what the Confidential Information Form looks like.

177

How to File For Divorce – Case Info Cover Sheet (CICS)

By admin  /  Resources

This King County form is actually an amalgamation of two forms:  The Case Assignment Area Form and the Case Information Cover Sheet (CICS).  This double-form is used for all King County Superior Court lawsuits.

Can you tell which one is the CAAF and which one is the CICS?

WHY YOU NEED IT

The Case Assignment Area Form lets the court know whether you are filing the case at the downtown Seattle courthouse or at the Regional Justice Center in Kent.

The CICS tells the court what kind of case you are filing.  The two relevant options here are Dissolution with children and Dissolution without children.

WHERE YOU GET IT

This and other King County Superior Court general forms can be found here.

WHAT IT LOOKS LIKE

Check out the Case Info Cover Sheet.

177

How To File For Divorce: The Petition

By admin  /  Resources

Dictionary.com’s second definition of “petition” is:  “A request made for something desired, esp. a respectful or humble request, as to a superior or to one of those in authority; a supplication or prayer.”   Fair enough.   Some folks seek their freedom with the fervency of prayer.

petition

Most lawsuits in Washington start with a complaint.  But in a desire to make divorce less contentious, the Powers That Be morphed the bad ol’  Complaint into the kinder, gentler Petition.  This is odd, because if you had nothing to complain about, you probably wouldn’t be getting dissolved, er, divorced.

WHY YOU NEED IT

The petition is the blueprint of the divorce.  It lays out these practical details:

  1. Name and birthdate of you and your spouse.
  2. Names and ages of children, if any.
  3. Date and place of marriage.
  4. Date of separation.
  5. Why Washington state has jurisdiction over the marriage, the parties, and the children.
  6. Whether the wife is pregnant.

It also asks for more substantial information, such as:

  1. Property
  2. Maintenance (alimony)
  3. Debts
  4. Child support
  5. Restraining order and/or protection order.

If you want, you can detail exactly what you want (such as who should pay which debts), but most people reserve these specifics for later – unless they have already agreed on these details.

The last section of the petition asks for what relief you request, including attorneys fees, income tax exemptions for the children, and changing the names of the wife and/or husband.

The one thing that all petitions have in common is the following statement: This marriage is irretrievably broken. It is one thing, at least, that you and your spouse might agree upon.

WHERE YOU GET IT

Some forms are state-wide and some are county-specific.  The state form can be found here at the Washington Courts website.

WHAT IT LOOKS LIKE

Check out the Petition.

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