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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I live in Washington state. My husband and I have been married

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I live in Washington state. My husband and I have been married for over 3 years. we have a 7 month old baby. My hasband has been seeking prostitute service for the past 3 years. The followings are the evidences I gathered:
1 his phone bills showing the prostitutes' numbers he dialed or text in the past 3 years
2 multiple recorded coversations in which he admitted he has been seeing prostitutes (I secretly recorded the conversations)

Our financial situation: my husband has annual income of 100,000. I do not work right now, however if I divorce, my parents are willing to gift me enough cash to help me get my child's sole custody.

My husband is US citizen, I am permanent resident.

my questions are: what are my chances of getting sole custody of my child? Are the above evidences admissable? if not, what kind of evidences would he helpful?

thank you
Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Many people confuse sole custody with Primary residential custody---with you having the children the majority of the time and your ex husband having visitation. Are you seeking sole custody with no visitation at all for your husband, or primary custody to you, with him getting some visitation, and you getting child support and perhaps spousal support?

2. How many years have you been married?

Doug
Customer: replied 4 years ago.
Hi Doug

1:I want primary residential custody, he can have visitation .

2: We've been married for three years and a half.
Good afternoon,

Thank you for clarifying that.

As you are the primary custodial parent now anyway, maintaining primary custody should not be difficult.

However, because the state of Washington is a "no fault" divorce state, that means that either party can file for divorce without providing proof of a specific cause, such as adultery. All that needs to be alleged in the divorce petition is that the marriage is "irretrievably broken." And, because adultery isn't taken into consideration in a divorce, it does not impact the parenting plan or your divorce settlement.

In other words, because WA is a no-fault state, you can not use his seeking of prostitutes as a reason to divorce him, or as a reason that you should have custody. But as I suggested, as you are the primary parent now anyway, that is unlikely to change. The fact that you are a permanent resident and not a citizen yet makes absolutely no difference either.

When you file for divorce, you will want to ask that the court allow you and your child to live in the Marital Home, and that your husband move out. You will do this at the Temporary Hearing.

In order to force your spouse to relocate from the marital home, or to pay support either for yourself or your children, it will be necessary for you to file for divorce. After doing that, you will want to ask the court to set what is known as a Temporary Hearing. A temporary hearing is a court proceeding held soon after the filing of a divorce action and allows the parties to ask the court to issue orders affecting the other party that will remain in effect, typically until at least the time of the divorce decree.


At that hearing you may ask the judge to order your spouse to move from the marital home, to grant you primary residential custody of the children if there are any of your marriage that are minors, as well as for an order that your spouse pay you both child support, and spousal support/alimony, until at least the entry of the divorce decree.


This is a very critical hearing to ask for. This hearing is not automatic, and if your do not request it, it may never be held. Another important thing to consider is having a local Family Law attorney assist you at this hearing. What occurs at the Temporary Hearing often signals what will happen after the divorce, both in terms of child custody and child support as well as spousal support. It is important for your future that you do well at the Temporary Hearing.

Presuming that you are the primary caretaker of your child, you can expect that the judge will make the temporary order such that you and the child will remain in the home and your husband moves out---this is pretty common and is really in the best interests of the children.

In terms of child support, with one child, you can expect the court to award you approximately 20% of your spouse's monthly income.


Based on the number of years you have been married, and based on the presumed difference in your respective incomes, it is likely that you will qualify for spousal support, for at least a number of years.

Issues the court will generally look at in determining spousal support include:

1.The present respective incomes of the parties;

2.The education levels and earning capacities of the parties;

3.The ages and the physical, mental and emotional conditions of the parties;

4.The duration of the marriage;

5. Whether either party will be caring for children of the marriage;

6. The standard of living established during the marriage.

While the amount of spousal support you might be awarded can be virtually impossible to determine based on the facts you have provided, when spousal support is awarded in similar situations it generally amounts to 15% to 25% of the higher earning spouse's income. The duration of spousal support often runs approximately 50% the number of years of the marriage. In long term marriages of 10 years and longer, spousal support can be made permanent by the court---terminating usually on the remarriage of the receiving party or upon their cohabitation with a new partner.

You will want to have a local Family Law attorney assist you with the divorce process. Generally in a matter of about a month, you can file the divorce and have the Temporary Hearing so that your support can be started as well.


You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

Customer: replied 4 years ago.
I Doug, Thank you for your reply. I have a couple questions regarding your answer

1: I signed a quit claim deed for our marital home. Do I still have the right to stay in this house after I filed the divorce?

2:He has his own business. we used his business credit card for many personal expenses. will his business credit card bill be considered in "standard of living established during the marriage"

thank you
Good afternoon,

1. You wrote: I signed a quit claim deed for our marital home. The marital home is marital property. If you did that, under the law there is a presumption that you made a gift of your interest in the property to your husband. Under certain rare circumstances you can argue that you did not intend a gift---but you better have a really good reason for having done it. Did he threaten or harm you to make you sign this quit claim deed?

2. All money spent, whether it is on credit or based on earnings will be considered in the standard of living. Homes are generally bought on credit, and yet they are considered part of the standard of living.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
Customer: replied 4 years ago.
Hi Doug,
my question is: I did sign the quitclaim deed, once I file for divorce and request hearing, will the court order me to leave the marital home and let my husband stay in the marital home with the baby before the divorce finalize?

thank you
Good afternoon,

While the fact that you sign the quit claim deed, making the property your husbands, it is never-the-less the marital home. And, while you will not be able to live in it following the divorce, the court will most likely allow you to live there, with your baby, until the divorce is final.

After that I would expect that you will be forced to relocate, as the property is not yours, nor will it be considered the marital home after a divorce.

Thank you for your kind words of thanks. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great week,

Doug
LawTalk and other Family Law Specialists are ready to help you
Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
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Thanks again.

Doug

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