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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18838
Experience:  B.A.; M.B.A.; J.D.
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I need a divorce in the worst way si8nce my husband talks to

Customer Question

I need a divorce in the worst way si8nce my husband talks to me like an animal and I=had=s a bad temper, not physically. He makes a huge sum of money but swears I wilol not get anything at all, including my twin 6 year old autistic boys. I need to know or I will stayr for my kids/
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.

I am sorry to hear about your difficulties.

You would be awarded alimony/spousal support/maintenance in such amounts and for such periods of time as the Court deems just, without regard to misconduct, after the Court considers all relevant factors. Some of those factors are: (1)The financial resources of the party seeking maintenance, including separate or community property apportioned in the settlement agreement, and the ability to meet his or her needs independently;(2) the standard of living established during the marriage;(3) the duration of the marriage (3) the age, physical and emotional condition, and financial obligations of the spouse seeking maintenance. See Revised Code of Washington, Title 26, Chapter 26.09, Section 26.09.090.

http://apps.leg.wa.gov/rcw/default.aspx?cite=26.09.090

All marital assets would be divided 50/50 regardless of who acquired them because you live in the community property state of Washington unless you and your spouse agree to the contrary or unless the Court orders otherwise. See RCW Title 26 Chapter 26.16 Section 26.16.030 and Chapter 26.09 Section 26.09.080.

http://apps.leg.wa.gov/rcw/default.aspx?cite=26.16.030

http://apps.leg.wa.gov/rcw/default.aspx?cite=26.09.080

As for custody of your children, in a Custody case, the Court would make a decision based on what is in the best interests of the children by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, etc. If the Court finds after reviewing these factors that the children would be better off living with you, the Court would rule in your favor and give you sole physical and legal custody of the children with visitation rights to the father. Otherwise, the Court may order joint custody. It is very important that you tell the Court any and all reasons why the father should not be allowed to have joint custody and why you should be given sole custody; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court. See Revised Code of Washington, Title 26, Chapter 26.09, Sections 26.09.181, 26.09.182, 26.09.184, and 26.09.187

http://apps.leg.wa.gov/rcw/default.aspx?cite=26.09.181

http://apps.leg.wa.gov/rcw/default.aspx?cite=26.09.182

http://apps.leg.wa.gov/rcw/default.aspx?cite=26.09.184

http://apps.leg.wa.gov/rcw/default.aspx?cite=26.09.187

For Child Support, if the Court awards you custody of the children, your husband would be ordered to pay Child Support. Child Support would continue until the age of majority, which is age 18 in Washington State. However, since the children are autistic, the Court would most likely extend the duration of child support past the age of majority. See Revised Code of Washington, Title 26, Chapter 26.09, Sections 26.09.100 and 26.09.105

http://apps.leg.wa.gov/rcw/default.aspx?cite=26.09.100

http://apps.leg.wa.gov/rcw/default.aspx?cite=26.09.105

You You can use the following sites to find local divorce Attorneys to assist you with the case:

Lawyers.com

Justia.com

Findlaw.com

You may also use the Court’s self-help center to file the divorce yourself. Click on the link below for more information:

http://www.courts.wa.gov/forms/

As for the payment not showing on your cc, you need to address this issue to the site's customer service department. I can also do that for you after we have finished and you have rated the post. I can also request that the post be locked for privacy to maintain your privacy.