Monday, November 2, 2020

It’s Mine…No it’s Mine!

In a divorce, the ideas of "mine" and "hers or his" often come up.  However, unless there was a clear property agreement, the marriage "owns" the labors of each spouse, and all that flowed from that labor.  It is community property.  One of the partners did nothing and the other did "all the work?"  It does not matter.  You were married, and the property purchased with the fruits of that labor is community property.  Property is presumed to be community unless factors showing a separate source (such as inheritance or property owned prior to marriage) can be proven.

Courts must "characterize" property as "separate" or "community," and then the judge must make a "just and equitable" distribution of that property. And Washington has been a "no fault" state for nearly fifty years, and other than the most egregious "wasting" of assets, who earned the wealth and who consumed it will not matter to the court. In fact, if the one who consumed the assets cannot make a living, then spousal maintenance will likely be ordered until the non-working spouse has time to develop the skills to be able to make a living.

For dealing with the complex issues of "my property" versus "his or her property" contact Mason Law of Spokane, Washington at 509-443-3681, as Craig Mason has deep experience in these property issues. (For example search "Kile v. Kendall" or "Marriage of Kile" for a seminal case in which Mr. Mason won an appeal based upon these principles.) You may also use the website www.spokaneinjuryanddivorcelaw.com to contact Mason Law.

Thursday, October 1, 2020

The Stress of Divorce and DUI and DV

Divorce or the separation of co-habitating parents is extremely stressful. People often get their first DUI, or their first domestic violence (DV) charge, when going through the dissolution of their relationship.

Saying this is not to excuse it, but to point to the facts of just how emotionally difficult the process can be, and the unfortunate impact these emotions can have on behavior.

I would not be the lawyer for your fifth DUI when you need to pay an expensive expert to attack the breathalyzer or the blood draw.  However, I have a lot of experience in negotiating a resolution of the criminal case of a good person who responded badly to the stress of a family law crisis, and who previously had little or no interaction with the criminal justice system.

My name is Craig Mason, and my office staff and I are happy to help you through these hard times. My office is in Spokane, and I have recently handled cases in Benton, Franklin, Whitman, Stevens, Lincoln, Adams, and Pend Oreille counties as well. Give me a call at (509) 443-3681. Please check out my website at spokaneinjuryanddivorcelaw.com.

Monday, August 31, 2020

Spokane is My Home

Beautiful Spokane and the surrounding area of Eastern Washington is where I was born and raised, with most lines of my family having homesteaded in the Davenport and Reardan areas in the 1860’s and ‘70’s, and others locating in Montana and North Idaho before 1900.

I worked my way through SFCC and EWU and then went to the University of Washington for my master’s in sociology and my J.D. with high honors and was an author and editor in the U.W. Law Review.

On top of the years of legal work I have also taught at The University of Washington, WSU-Tri-Cities, Columbia Basin Community College, Gonzaga University, and Eastern Washington University. I have seen many former students in the practice of law in the Tri-cities and Spokane.

I strive to maintain the decency and practicality of my family’s traditions in my practice of law. (My two grown children, who also exhibit these traits, give me hope that I am succeeding.)

My name is Craig Mason. I wanted you to know a bit about me before you make that call looking for the right family attorney you can trust to handle the process and navigate through the family courts of Washington State. I hope we can sit down and review your specific needs. Please call my office at W. 1707 Broadway in Spokane (509) 443-3681.