Happy Holidays from Mason Law - to you and all the families in your lives.

Here at Mason Law we fight when we must, but we also never forget that family never ends, and that is why we make the process of divorce as painless as we can while still protecting your interests - especially your long-term interests. 

Yes, your legal parenting plan ends when the children turn 18, but Thanksgivings and Christmases will still come and go.  Grandchildren will be born. There will be graduations from college and trade schools, promotions to celebrate, and the comedies and tragedies of life to share.  Your family might have divorced, and people might have gone their separate ways, but family never ends.  Ties of affection, new and old - even old affections that fell apart - all leave their lasting marks as part of your lives.  As long as any human being lives on with those pieces of time together and emotions shared is alive, family history - all of it - lives on.

This holiday season, look at each other with compassion.  Try to look out at the world through the understandings, even out through the misunderstandings, that some person had at whom you are tempted to be angry or frustrated.  Contemplate how maybe he or she could be frustrated with and by you, and how maybe the other person is a little bit right. Broaden your perspective. Broaden your heart and accept our sincere hope that you never need family law services again in your life.

Merry Christmas and a Happy New Year from Mason Law.

Let’s Begin the New Year with some Important Information.

Washington repealed its Non-Parental Custody Act (RCW 26.10), and as of December 31, 2020, orders final by that date shall remain in effect as final orders, but any pending case is automatically dismissed and must be re-filed under the new Guardianship Statute (RCW 11.130.185 and related statutes).

The key showing that must be made under the new statute is: “clear and convincing evidence” there is no parent of the minor child willing or able to perform “parenting functions.”

Parenting functions are all the ways in which one nurtures a child: feeding, clothing, loving, educating, and financially supporting.

Frankly, no one is sure where this new statute will lead, as statutes require years of court interpretation before the doctrines are clarified.  But Mason Law of Spokane, WA, has been through statutory changes before, and will go through them again.  If you have a grandchild, niece, nephew, or other child, whose parents cannot care for them, and you wish to step in, call Craig Mason of Mason Law in Spokane, WA, at 509-443-3681 to discuss the facts of your situation.

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.

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.