Frequently Asked Questions

Depends on your matter, however generally you will want to do the following:

(1) make an outline of all the questions you have for the attorney,

(2) bullet point notes on the most significant issues/facts that you want to make sure to tell the attorney about, and

(3) bring in any documentation that is related to your matter (i.e. completed questionnaire, timeline of events, list of witnesses, any written correspondence, etc.).

Monday – Friday
9:00 am – 5:00 pm

excluding holidays

We can sometimes accommodate other times upon request.

Yes, there are metered parking spots right out front that are usually available for easy parking.

Yes, so long as your relationship qualifies as a committed intimate relationship - in a nutshell, if it looks and acts like a marriage, it may be treated very similar to a marriage. This means if you are in a committed romantic relationship and you are living together, potentially you will have joint interest in all property and debt acquired during your relationship regardless of whose name it is in.

Probably not in the way you are thinking, but it completely depends on your facts. The typical terms for a custody matter are primary parent and non-primary parent. In most parenting situations, one parent is named the primary parent, and the other parent is the non-primary parent, but given visitation. In extreme circumstances a parent might not be given any visitation at all. If a parent’s rights are terminated, then it would be possible for the other parent to have sole custody.

Generally yes, but it completely depends on your facts and circumstances. In most cases, so long as a parent is not abusing the information or using the information as a form of control over the other parent, both parents will be granted access to the information. However, access to the information does not necessarily include involvement with the setting or attending of appointments.

The length of time it takes to complete a divorce depends on many factors. If the parties are in agreement on all the issues like separation of assets and debts, spousal and child support, and the parenting plan, then the parties can enter agreed orders. There is a mandatory waiting period of 90 days between the date the Petition for Dissolution (Divorce) is filed and served on the other party or date it is filed if the other party has agreed and signed the Petition and the entry of final orders for the divorce. If the parties don’t agree on all issues, the matter must go to mediation or a settlement conference and / or trial, which takes time and is dependent on the trial judge’s schedule and when the parties set the notice for trial. In most cases, the divorce should be resolved within 1-2 years if it goes to trial, based on the cooperation of both parties, but if heavily litigated can take longer.

Currently it is $314 to file a Petition for Dissolution (Divorce) in Clark County. Other counties may have different fees or may charge a fee to file a Response to the Petition for Dissolution. If the filing fee is a hardship, you can apply for a waiver of the fees when you file your case by completing additional forms which require review and approval by a Judge.

Generally no, unless there is a request for a restraining order due to safety issues. In Clark County, when a case is filed, the courts issue an automatic temporary order that is served with the rest of the divorce documents on the other party which orders parties not to sell, hide, or transfer accounts and funds, or remove the children from their natural home.

Washington state is a community property state, which means all property and debts incurred during the marriage are jointly owned or owed. When the court divides up the assets they will consider all property and debts of the parties and determine if they are community (jointly owned) or separate (solely belonging to one party only). Separate property usually consists of things owned or owed before the marriage or acquired separately such as an inheritance, even if during the marriage. There are specific rules on how the courts divide up these assets and debts based on how they are categorized, so it is important to consult with an attorney if you have specific questions about your assets or debts.

The fastest way to complete a divorce is to do so by agreement. Both parties can sign the initial Petition for Divorce and agree on the final orders to be entered after the 90 day waiting period expires. Most counties require a hearing to finalize your divorce, but some counties like LIncoln and Wahkiahkum do not, so many people file their agreed divorces outside of their county of residence for that reason.

The fastest way to complete a divorce is to do so by agreement. Both parties can sign the initial Petition for Divorce and agree on the final orders to be entered after the 90 day waiting period expires. Most counties require a hearing to finalize your divorce, but some counties like LIncoln and Wahkiahkum do not, so many people file their agreed divorces outside of their county of residence for that reason.

You can remarry in Washington at any time after you are divorced. There is no minimum waiting period.

There is not a set number of years or months that you have to be married in order to get alimony. Alimony is determined by a variety of factors in Washington state, such as financial resources of both parties, job history, age, health, standard of living during marriage, length of marriage, need and ability to pay. If the court determines that someone in a divorce proceeding is in need of maintenance, then the longer you were married usually means a longer period of alimony. 

Yes. The only thing you can’t do is get married to another individual when you are still married to someone else. You can date at any time.

There is no specific period of time that you have to be separated before pursuing a divorce. You can pursue a divorce at any time. However, once you file for divorce you won’t be able to finalize the divorce for a minimum of 90 days after the date of filing and service on the other party. 

There are four main pleadings you need when you file for a divorce: 1) Summons, 2) Confidential Information Form, 3) Certificate of Dissolution, Declaration of Invalidity of Marriage, and 4) Petition for Divorce. Once you are ready to file, you take an original set of these pleadings, plus two sets of copies to the Clerk’s Office to file. You pay the filing fee, give the original set of pleadings to the Clerk, and stamp your two sets of copies with the case number and copy stamps. You have officially started your divorce at this point, but there are other steps you need to take to make sure your divorce moves forward.

Washington is a no-fault state, which means you can get divorced for any reason, or no reason, at all. The only time adultery comes into play in a divorce is when it affects the children in some way, or marital assets are used in the affair.

Child support is calculated according to a state mandated schedule. The state has calculated how much it takes to raise a child each month based on the parents’ combined incomes, so the standard child support calculation is based on those amounts. The court may consider a deviation in child support if the non-custodial parent has the child a substantial amount of time, the child has extraordinary expenses, or a parent has extraordinary income.

Whether or not you should file first depends on the specific circumstances in your case. The attorneys at Navigate tend to like filing first so the holistic proposal is included in the initial pleadings. It also becomes more imperative to file first if temporary orders or a Restraining Order are needed.

There are four main pleadings you need when you file for a divorce: 1) Summons, 2) Confidential Information Form, 3) Certificate of Dissolution, Declaration of Invalidity of Marriage, and 4) Petition for Divorce. If children are involved, then additional pleadings will be necessary. These pleadings are necessary to start a divorce, but there are a number of other pleadings that may be needed throughout the course of the divorce. 

Any person aged 18 or over who is not a party to the case. You can hire a professional, in some cases you may have a sheriff deputy serve the papers. You just can’t serve the papers yourself. 

That depends on the facts of each situation. The varying factors include, the parent’s combined income, the number of children between the parents, any other dependent children of either parent may have from prior relationships, and how much residential time a child spends with each parent.

This depends on if the child is enrolled for state benefits or if a parent is enrolled on temporary assistance for needy families (TANF). Even if the child or family doesn’t receive state benefits, if parents have costs associated with health insurance, uninsured medical expenses, and certain other child related expenses these cannot be waived. 

You may request child support in a marital dissolution petition, a parenting plan petition, and a paternity petition. You will need to provide your income information for the last couple of years as well as proof of current income.

You can be fired for any reason in Washington as long as that reason was not wrongful. In order to be wrongful, you must either be a member of a protected class (such as race, gender, disability, sexual orientation, religion, etc.) or engaged in protected activity (such as reporting illegal activity, reporting safety concerns, taking medical leave) and you received adverse treatment, such as being fired, for being a member of that protected class or engaging in that protected activity. If you are fired for one of these reasons, make sure to speak to an attorney.

The most important thing you can do is control your narrative and speak to an attorney before you are terminated.

An attorney will want to see evidence of wrongdoing. This means you need to document what is going on that you believe is wrongful or illegal. Report your concerns in writing to HR or a supervisor and document your concerns in writing. If you meet with someone, take contemporaneous notes and try to bring a witness to a meeting that is neutral or can substantiate the substance of the conversation. If someone has an oral conversation with you, follow up with an email to that person in writing stating “Just to reiterate what you said…” The more you document, the clearer your case will be.

You will also want to keep hard copies of crucial information. For example, often, when employees are fired, they are cut out from their work email or messaging. As such, if you are worried about being fired, you may want to print out important emails that may substantiate wrongdoing by your employer.

If you are fired, make sure to speak with an attorney as soon as possible before you make any big picture decisions. For example, make sure not to sign anything before you have it reviewed by an attorney. In some cases, the law requires that you are given several weeks to review documents before you sign them. You have a right to speak with an attorney before signing anything. Do not be bullied into agreeing to something that may be detrimental to your rights or your future.

Additionally, under Washington law, you may request a copy of your personnel file and a letter stating the reason for your termination. In some circumstances, it is a good idea to request these items as soon as possible.

You may also want to file for unemployment. Ask your attorney about the impacts of their termination on unemployment and whether you are eligible. If you believe you were wrongfully terminated, make sure to speak with your attorney about how to handle the unemployment process so as not to negatively impact your case.

The difference between an LLC or an S-Corp is not actually a question of which type of business entity to use, but rather a tax question. Both LLCs and corporations may elect to be taxed under Subchapter S, which may have certain advantages and disadvantages, depending on your specific finances and corporate structure. However, both corporations and LLCs can help shield business owners from personal liability for the debts of the business, regardless of the tax election. In both cases, as long as you are able to maintain the legal structure of the business properly, you may be able to limit your individual liability exposure. Talk to an attorney if you have further questions about liability shields and what it means to elect to be taxed under Subchapter S.

Forming a business requires advanced planning. First, consider the type of business and geographic location where you want to operate. If you plan to operate in multiple states, it may be necessary to register with multiple secretaries of state. If you have a special trade, such as construction or food preparation, additional licenses and registrations may be necessary. Also, be sure to know who all of the owners of the business are, and make sure to discuss whether and how much of their initial contribution to the company is a loan or an investment. Be sure to discuss in detail the roles, if any, that each owner may have in the decisions of the business. Additionally, consider whether you want to form a limited liability company (LLC), a corporation, or another type of legal entity. Each has its own advantages and disadvantages regarding taxation and liability. Talk to an attorney if you would like to know more.

Depending on the legal structure of your business, you may be sued personally for the debts and other obligations of your business. For example, sole proprietors (common for those who do not have a separate legal entity like an LLC or corporation) will be personally liable for the debts of the business. Furthermore, even though having a separate legal entity such as an LLC or corporation can limit your liability, it cannot eradicate it. One of the best ways to avoid being sued for the obligations of the business is to make sure you treat the business as a “person” separate from yourself. That means making sure you maintain proper corporate records, keep a separate bank account, make sure the business is adequately funded, and never co-mingle assets between yourself and the business. Finally, keep in mind that if a business owner commits a negligent tort, even as an agent of the business, the business owner may be personally liable.

If this happens make sure to speak to an attorney. You may be able to recover damages for your contractor’s errors. Some contractors will ask for large sums of money before starting work, and then leave without completing the work. Again, take photos throughout the work being completed, and document any defective work. Keep a timeline of the project. In some cases, you may be able to recover from the contractor’s insurance company or recover from the contractor’s bond.

Cannabis is legal in both Washington and Oregon, though a number of restrictions apply. Hemp, which is statutorily defined as cannabis containing less than 0.3% THC on a dry weight basis, is now federally legal, assuming the producer and handler or processor followed appropriate state and federal regulations. Recreational marijuana, while legal in both states, is federally illegal. The laws surrounding recreational marijuana, its production, its sale, and possession are very complex even in the states that allow it. If you have questions about hemp or recreational marijuana, it is recommended that you contact an attorney.

Those wishing to receive a marijuana license must apply to their local regulator. At this time, the Washington Liquor and Cannabis Board is not accepting additional licenses. However, the Oregon Liquor and Cannabis Commission is still accepting applications, and has in fact streamlined its application process significantly.

The Oregon Liquor and Cannabis Commission is the regulatory body governing liquor and recreational marijuana in Oregon. The Oregon Department of Agriculture is the regulatory authority for food and agriculture in Oregon. Both regulators are involved in recreational marijuana in Oregon.

Starting a business requires a number of critical steps, such as registration with the appropriate secretary of state, filing with the IRS, insurance concerns, sources of funding, etc. However, cannabis businesses also require obtaining proper licensing or registration from applicable regulators, such as the WLCB or the OLCC.

License requirements vary depending on each license. State regulatory bodies, such as the OLCC, impose restrictions on security requirements, licensing, etc. Local land use officials may impose additional requirements, such as maintaining a certain distance from residentially zoned properties. Building departments and fire marshals have their own requirements as well, including capacity and storage of dangerous materials (for marijuana processors). It is strongly recommended that you contact an attorney to understand which requirements apply to your license and location.

Only marijuana retailers, licensed by the Washington Liquor and Cannabis Board or the Oregon Liquor and Cannabis Commission may sell recreational marijuana in their respective states.

A leased space may be sufficient for a recreational marijuana producer license, assuming that the location and its features satisfy state law.

No.

Advertising online is legal under state law, subject to a series of restrictions. For example, advertising in a way that is directed to minors is illegal. Oregon allows licensed recreational marijuana retailers with a home delivery endorsement to deliver marijuana to authorized purchasers. However, all sales of recreational marijuana must be completed within the state in order to comply with state law.

If CBD is derived from recreational marijuana, a license is required for its production, processing, wholesaling, and sale. If CBD is derived from hemp, a registration with the Oregon (or Washington) Department of Agriculture is required for producers and handlers. CBD sales on their own do not require a license as long as the product complies with state and federal law.

While certain hemp-derived CBD sales may occur on online marketplaces, recreational marijuana may not be sold through such marketplaces.

Recreational marijuana, whether produced commercially or for home use, is illegal under federal law. Nonetheless, both Oregon and Washington have a licensing process for commercially produced recreational marijuana, and both states provide for growing certain types of marijuana for home use, subject to significant restrictions. For example, medical marijuana for home use may be available in Washington, but recreational marijuana is not. To qualify for growing medical marijuana in Washington, a grower must meet the requirements specified in Washington's medical marijuana laws. Conversely, in Oregon, you may grow up to four household recreational marijuana plants, but they may not be sold commercially. In both cases, additional fact-specific restrictions apply, so it is recommended to speak with an attorney before you begin planting.

State and federal law distinguish hemp and recreational marijuana a little differently, but generally, hemp contains less than 0.3% THC on a dry weight basis. Anything beyond that amount is considered marijuana, is illegal under federal law, and requires specific licensing under state law.

Recreational marijuana licenses exist for producers, wholesalers, processors, retailers, laboratories, and researchers. Additional endorsements, such as endorsements to deliver recreational marijuana in Oregon, may apply to each. Different hemp registrations exist for production and processing. Moreover, further licensing may be required for food items. Knowing which license type is necessary requires knowing which industry you’re in, as well as a careful analysis of applicable law. It is strongly recommended that you contact an attorney to understand which license is needed.

The main function of a trust is to avoid probate, which is the court supervised administration of an estate. Generally, if you die with a will (or without a will), your estate may have to go through the probate process before probate assets can be distributed to the beneficiaries. Setting up and properly funding a living trust avoids probate, which has the potential of easing the burden and cost of administration. However, an estate plan based around a trust is generally more expensive than a will-based plan and takes more work to maintain.

In Washington, estates worth over approximately $2.2 million are subject to estate tax. In Oregon, estates over $1 million are subject to estate tax. Generally, with married couples, there is no estate tax owing at the first death if the surviving spouse is the sole beneficiary of the assets. However, at the death of the surviving spouse, the surviving spouse’s entire estate, including inherited assets, is subject to estate tax. Estate tax can be reduced or avoided with proper estate planning.

The cost of each probate varies greatly depending on the complexity of the issues involved. Generally, attorneys bill on an hourly basis and the attorney’s fees are paid out of the estate.

The trust administration process involves several steps. Unlike a probate administration, a trust administration generally does not involve court supervision, but the trustee has several important duties he or she must abide by. The first step is to review the trust agreement and all documents relating to what type of assets are in the trust and the value of those assets. Other steps include taking custody of trust assets, choosing how to invest trust assets, giving proper notice to beneficiaries and creditors, paying debts, taxes, and final expenses, and distributing trust assets.

You can and should challenge every questionable line-item on your credit report. All of the major credit reporting bureaus have ways you can do this on their websites. You can also send them a letter telling them that the information on your report is not correct. You have to tell them the exact line-items that are wrong. This will require the credit reporting bureau to investigate the issue and see if a mistake has been made. If 30 days has gone by and the information has been removed and put back on your report, or was never taken off in the first place, you may have a very good case against the reporting bureau. In that type of a scenario, the reporting bureau may have to pay for your attorney to force them to remove the line-items as well.

Sometimes. Mechanics can file a lien on your car if you don’t pay your bill, but there are several things they have to do before that. For example, in most instances if you didn’t receive a written estimate before the mechanic started work, they will not be able to file a lien. You should talk to an attorney if you are going through a situation like this – there are several other things mechanics need to do before they can legally file a lien on your car and try to keep it.

Most major hospitals are non-profits, and as non-profits they have to provide a community benefit. That often means forgiven medical debt for people who can’t pay. We are very experienced at handling these issues, and helping clients convince hospitals that their debt should be forgiven given the circumstances.

Yes. In Washington, there is no “deadline” for when you need to apply for hospital financial assistance. In other states, including Oregon, the analysis is a little more complicated, but in some instances, you can pursue financial assistance even if the bill is a year old or older.

Washington is what is referred to as a “two party consent” state. This means that all parties to a conversation must agree to be recorded. Oregon, however, is a “one party consent” state – which only requires one party to the conversation to agree to record it.

It depends on several factors. The main factors are what you were convicted of, how much time has passed, how old you were, and if you have any other convictions on your record. You should speak with an attorney to determine whether the conviction qualifies to be removed.