Phil Weinberg’s Assault/DV FAQ

1) What’s the difference between Assault and Battery? Many linguistic pedants try to use a strict definition of assault vs battery, saying Assault means to cause fear (such as swinging your fist at someone’s face, but stopping before actual contact is made) while...

First 48 Hours AFTER a Felony Arrest

After a felony arrest contact a lawyer right away. Immediately. There will be a first appearance hearing in most cases right after your arrest or within a few days (a little longer if any drugs and thus lab tests are being done by the toxicology lab before the...

Residency requirements, venue and procedures

1) How long must I have lived in Washington prior to filing for divorce in an Washington court? Any party who is a resident of Washington, or is a member of the armed forces and is stationed in Washington, or is married to a party who is a resident of Washington or...

Legal Separation

1) Does the state of Washington offer the option of legal separation, in lieu of an absolute divorce? Yes. If the filing party requests the court to decree a legal separation in lieu of an absolute divorce, the court shall enter the decree in that form, unless the...

Grounds for Divorce

1) What is meant by “grounds for divorce”? A “ground” for divorce is a “reason” for divorce or Legal Separation. 2) What are the recognized grounds for divorce in Washington? The only legal grounds for divorce in the State of Washington is that the marriage is...

Division of Property

Washington is a Community Property state and generally, the rule is that if you earned it during the marriage it is owned as an undivided whole by both parties. However, the courts are given discretion in dividing property in a “fair and equitable” manner. This...