Settling your Divorce without Trial

Roughly 90 percent of family law cases settle short of trial.  There might be a large battle over initial orders – temporary orders put in place right after the divorce is filed – but then people calm down and realize what the courts are likely to do at trial.  Then, within the range of likely trial outcomes, the parties decide to save all the emotional and financial expense of trial and work out an agreement that is the basis of the “final orders” in your divorce.

In drafting the settlement agreement, you should have competent legal advice to make sure that you know your rights, so that you can fully understand the range of likely trial outcomes.  Also, an attorney can draft your agreement and final orders so that they have the legal effect you intend.

A settlement agreement is an enforceable contract.  Do not wait to get an attorney until after you have signed a settlement contract, which you now regret.

Mason Law in Spokane WA, can help you fully understand your rights, and protect your benefits of the bargain in drafting the agreement and final orders.  If you are about to begin negotiations to resolve a divorce call Mason Law today at (909) 443-3681.

Hiring the Right Family Attorney.

Family law often involves too much conflict and litigation, whether it is a divorce or unmarried parents establishing a parenting plan, or adjusting child support to changing incomes.  As long as the attorneys on both sides do their jobs, the court is likely to apply the statutes and case law in a very predictable way. 

If the other party begins intensely litigating to put “their” facts before the court, then you must respond with equal intensity to put your facts before the court.  As long as each side does their job getting their facts to the court, then you are right back to where you began, getting the same decision you would have gotten before the intense litigation began.

This is why so many family law clients appreciate Craig Mason as their family law attorney.  Mr. Mason seeks amicable resolution as his first approach to his cases, and he often finds creative ways to formulate agreements that meet the needs of both parties.  However, if the other party, or the opposing attorney, insist upon intense litigation and a “war over the facts,” Craig Mason will work very hard to help you present the documents and witnesses you need to make sure your side of the story is told, so that the court can make a fair decision.

Starting 2017 with the Right Attorney.

If you have a family legal issue on your mind as the New Year begins we know it is a heavy burden to take into 2017.  Just as marriage is a part of most lives, unfortunately divorce is also a part of about half of those lives.  Approach this situation with a fresh perspective.  Separation or divorce may be inevitable this year, and hiding your head in the sand won’t change that.

Maybe you have already encountered the first step in the process - the realization that this union is no longer best for you or your family.  You have jumped the first hurdle.  Now you must prepare for life as it will be in the months and years to come.  That cannot be done without professional representation and the right family attorney to represent you in court.

When it pertains to the divorce courts of Spokane and Eastern Washington hundreds of men and women have trusted the services of Craig Mason.  For decades this Spokane area family attorney has helped people navigate through the system to get the most favorable and fairest results possible.

Contact Craig early in the New Year to meet at his office at 1707 W. Broadway.  Call (509) 443-3681.

Protecting the Children During a Divorce.

In a divorce, unfortunately, the parents can quarrel over the children, and sometimes a party who was not involved with the children during the marriage falsely claims to have been the “primary parent” as a tactic in litigation. 

The statutes look to who has performed “parenting functions” during the marriage. To determine the “primary parent,” the court will look to: (a) who maintained consistent, loving and stable relationships with the children, focused on nurturing them; (b) who attended to the daily needs of the children, from feeding and supervising the children, to taking them to the doctor and daycare, to things like helping them brush their teeth each night; (c) who showed concern for the proper education of the child; (d) who helped the children learn to socially interact in age-appropriate ways; (e) who showed consistent concern for the children’s welfare; and (f) who undertook the labor to support the child.

Remember, the only facts before the court are the facts you (and your attorney) bring to the court.  You will want to gather sworn statements from witnesses who have seen you perform these parenting functions.

If it is time for you to seek assistance in marshaling these facts, contact Spokane Attorney, Craig A. Mason, at 509-443-3681, W. 1707 Broadway, Spokane, WA.

What is Non-parental Custody?

Non-parental custody (third party custody) is simply defined when the child or children do not remain with either of their natural, biological parents, but rather custody is awarded to a third person.  Usually there are two reasons for this to occur, parents are unavailable or are unfit.  For example, either (a) The biological parents refuse to take custody of their natural children, or are unfit parents due to things like drug use, or (b) the parents are simply incapable of caring for their children because of injury or illness.

The reasons why a court may award custody to a non-parental adult are several.  Among them may be the recognition that abuse has occurred that is caused by, or allowed to occur, by biological parents.  They may be subjected to substance abuse by their parents.  They also may have been deemed to have been abandoned.  The non-parent is often a grandparent, but may be anyone with an interest in the well-being of the children.

There are constitutional presumptions in favor of the biological parent.  For a difficult situation such as this you need aggressive representation on whichever side of the issue you may fall.  If you live in Eastern Washington, contact Spokane child custody attorney Craig Mason today at (509) 443-3681, and find out how he can assist you.

Planning Child Custody after Divorce.

Many divorced parents are facing the task of raising one or more of the lives that they created, to adulthood.  While the divorced parents may even be relieved that the union has ended, the children are often feeling loss, and even more so feeling the pains of uncertainty.  We know your children are the most important people in your lives.

Co-parenting is the official policy of Washington State.  Craig Mason will work to facilitate that policy, and he defends your right to parent if it is under attack.  Mr. Mason will use mediation, and the courts when necessary, to work out cooperative parenting.

However, sometimes cooperation fails.  If one of parents has become harmful to a child, whether through physical abuse or parental alienation, then a psychological evaluation may be in order for that harmful spouse.  In some cases co-parenting may not be the best suggestion, and a supervised visitation schedule may be more appropriate.  This is why it is important to hire a family lawyer in Spokane who knows how to aggressively fight for the proper evaluation of your former spouse, and of any harm that spouse is causing.

Craig Mason is just such an attorney.  If the other parent is trying to unjustifiably limit your time, or if significant restrictions on that parent are actually merited by the facts, Attorney Mason will fight for your right to discover that.  The main focus of course is co-parenting, but you need a strong Eastern Washington divorce lawyer on your team.  Contact Craig Mason today at (509) 443-3681 and find out how he can help you.