The Burke Law Group, PLLC
Old City Hall Building
221 N. Wall St., Suite 624
Spokane, WA 99201

Main Office: (509) 466-7770
Collaborative Law: (509) 999-6747

Divorce (Marital Dissolution)

A primary focus of Burke Law Group's practice is family law and divorce.  Our highly experienced and caring family law attorneys can offer you a wide range of options to provide you with the level of legal service that best meets your objectives. 
 
The state of Washington is a no fault divorce state, meaning neither party is faulted for seeking a dissolution of the marriage.  Regardless of who petitions the Court for the dissolution, both spouses have an equal right to the marital property and custody of any minor children.  Once the initial summons and petition for dissolution of marriage are filed/served, there is a mandatory 90 day waiting period before the dissolution of marriage action can be finalized.
 
Options:
 
Collaborative Divorce:  This is a cooperative process whereby the parties, their lawyers and other third-party professionals, if necessary, work together and engage in meaningful dialogue, with the intention of resolving all issues. The collaborative process involves several multi-party meetings with the goal being: to identify and work through all issues; explore alternatives in how to address these issues; to work toward an agreement that is acceptable to both husband and wife. Collaborative professionals are educated in the collaborative divorce process as well as interest based negotiation. Collaborative lawyers assist the parties to work productively to find agreements that meet the real interests of both spouses.
 
Mediation:  Divorce mediation is a process in which divorcing parties attempt to negotiate an acceptable divorce agreement with the assistance of a trained mediator as an objective third party. The mediator helps the parties to communicate and negotiate, but he/she is not permitted to make any decisions for the parties. It is not the mediator's job to resolve problems or force an agreement. Instead, he/she helps the parties come to an agreement by acting as an intermediary.
 
Litigation:  Litigation is a legal process.  In a divorce situation, the parties may each choose their own lawyer to represent him/her throughout the dissolution of marriage process.  The communications, correspondence and exchange of documents/information is all done between the parties' lawyers.  Litigation often involves what is called discovery; specifically, an exchange of financial documents/information.  Discovery includes, but is not limited to, interrogatories, requests for production of documents, and depositions.  The Court process can include motions, status conferences, pre-trial conferences and (if necessary) trial, which finalizes the dissolution of marriage and decides all issues in the divorce.
 
The Law:
 
There are essentially four (4) major issues in a divorce action: (1) property/debt distribution; (2) parenting issues (custody and/or the residential schedule); (3) child support; and (4) spousal maintenance. 
 
Property/Debt Distribution:  The Washington Courts divide property/liability equitably, with each spouse receiving roughly half of all marital assets/debts.  Marital assets are defined as property acquired during the marriage.  Marital debt is defined as debt incurred during the marriage.  Assets a spouse acquired before the marriage, and any family inheritance received during the marriage, is separate property. Generally speaking, separate property is not subject to division between the spouses.  There are many exceptions to these general rules that can result in significantly more than half of the marital property going to either spouse.  On rare occasions, the court may even award some portion of one spouse's separate property to the other spouse.
 
Parenting Plan (Custody/Residential Schedule):  A Court uses the best interest of the child standard to determine which parent should be the primary parent and what the visitation schedule should be. Factors examined to determine what is in the child's best interest include, but are not limited to: who has been the child/children's primary attachment figure; each parent's home environment; any special needs that the child may have; etc.
 
Child Support:  The Courts determine child support based on the parents' total income. The child support transfer payment is then proportioned based on each parent's contribution to the total combined income of the parents.  The child support calculation is statutorily governed by the Washington State Child Support Schedule. 
 
Spousal Maintenance:  Spousal maintenance, formerly titled alimony, allows for the requesting spouse to provide for his/her basic needs, including housing, utilities, food, transportation, etc.  The Washington Courts apply several factors to determine whether spousal support is to be awarded.  These include: the duration of the marriage; the discrepancy in income between the parties, weighing both spouse's assets, income, and ability to earn income; whether or not the requesting spouse requires training/education to become financially self-sufficient; and the requesting party's age and health. The amount of the spousal maintenance awarded and the duration of time during which spousal maintenance is to be paid are determined at the discretion of the Court on a case by case basis.

Burke Law Group offers no-cost initial consultations for persons seeking to find an attorney to represent him or her in a divorce.  You are welcome to call (509) 466-7770 to set an appointment for that consultation.

Meet Our Attorneys

Dena Allen

Principal / Member of the Firm, practicing in Family Law Litigation, Collaborative Law Divorce, Cooperative Divorce, Adoptions, Estate Planning, and Probate

John Burke

Principal / Managing Member of the Firm, practicing in Collaborative Law for Divorce, Uncontested Divorce and Estate Planning

Matthew Fischer

Principal / Member of the Firm, practicing in all areas of Family Law Litigation, Divorce and Uncontested Divorce. Also serves as a Spokane County Superior Court Pro Tem Commissioner

Cathy Helman

Associate Attorney, practicing in Appeals, Probate, Estate Planning, Family Law, and Bankruptcy. Also is an Administrative Law Judge Pro Tem with the Washington State Office of Administrative Hearings.

Joseph Linehan

Of Counsel, practicing in Social Security Disability Income (SSDI) appeals, Family Law Litigation, Divorce, and Dependency. Also serves as a Spokane County Superior Court Pro Tem Commissioner

Robin Schmahl

Senior Associate Attorney, practicing in Family Law Litigation, Uncontested Divorce, Estate Planning, Probate, and Guardianship

Rhylee Smith

Associate Attorney, admitted to practice in Washington and Idaho, practicing in all aspects of Family Law, Divorce, Child Custody and Support, and Modifications to Existing Orders

Kenneth Zigler, Jr.

Of Counsel, practicing in Family Law Litigation, Divorce, Social Security Disability Income (SSDI) and SSI benefits, and Lawsuits and Disputes including Personal Injury

Joanna Stranger

Rule 9 Intern, practicing in Family Law and Divorce

Kelly Padgham

Former Principal / Member of the Firm; Kelly passed away on September 20, 2015