Canfield Madow Law Group, PLLC Canfield Madow Law Group, PLLC 2026-10-22T08:35:42Z https://www.canfieldmadow.com/feed/atom/ WordPress On Behalf of Canfield Madow Law Group, PLLC <![CDATA[How to handle winter break custody exchanges smoothly]]> https://www.canfieldmadow.com/?p=50860 2026-10-22T08:35:42Z 2026-10-22T08:35:42Z What should parents check before the exchange? Parents can avoid many problems by checking their parenting plan before winter break. Here are the key things to review:
  • Times and places: Check when and where each exchange will take place. Make sure you know which parent has the kids during school breaks.
  • Schedule changes: Parents can agree to small, short-term changes. Put the new plan in writing. Major changes often need court approval.
  • Travel plans: Share travel dates and plans early. Check if your parenting plan requires notice before taking the kids out of state.
  • Moving to a new home: Moving a child's main home may require formal notice. Ask a family law attorney if you are unsure what steps to take.
Planning ahead helps both parents know what to expect. If you are unsure whether a change needs court approval, seek legal advice.

How can parents avoid conflict at pickup?

Choose a safe, public place for exchanges when possible. A school parking lot, library or community center can be a good choice. Arrive on time and keep the handoff calm. Avoid talking about parenting plan disputes during pickup. Kids may feel upset when parents argue. Keep talks short and focus on the children.

Why does flexibility matter?

Bad weather, traffic or flight delays can disrupt holiday plans. If a problem comes up, tell the other parent as soon as you can. Try to find a fair solution that follows the parenting plan. A calm approach to custody exchanges can lower stress and help kids enjoy time with both parents.]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[How are stock options and RSUs divided in a Washington divorce?]]> https://www.canfieldmadow.com/?p=50858 2026-10-21T08:31:21Z 2026-10-21T08:31:21Z Stock awards earned during marriage are community property Washington is a community property state, so property earned by either spouse while you are married generally belongs to both of you. Stock options, which give you the right to buy company shares at a set price, and restricted stock units, or RSUs, which are shares you receive over time, are no exception. The timing that counts is when you earned the award, not when it vests, meaning when you gain full ownership. Equity that rewards work you completed while still married is community property, even if the shares had not vested by the time you separated.

Courts use a time rule for awards that vest after separation

If an award was meant to reward future work, courts look at when that work happened. A formula called the time rule compares the time worked during the marriage with the total time the award takes to vest. For example, if an award vests all at once 48 months after it was granted and you separated at month 24, about half of it is community property. When an award vests in batches, the rule generally applies only to the batch whose vesting period includes the date of separation. Later batches, earned through work after separation, are generally separate property.

The court divides the community share fairly, not always evenly

After sorting each asset into community or separate property, the court divides all of it, both community and separate, in a way that is just and equitable. That means fair, not automatically 50/50. The judge looks at how long the marriage lasted and each spouse’s finances after the divorce and may decide when you receive your share of an unvested award. Taxes, company plan rules and the purpose of each grant can change the result, so every case turns out differently.

Getting legal guidance on dividing stock awards

Equity pay is easy to misunderstand because its value changes with the stock price and the vesting schedule. An attorney who handles high-asset divorce can review your grant agreements, identify which awards are community property and help you plan around taxes and timing. Every case is different, but understanding how awards are classified may help you protect what you earned or claim what you are owed.]]> by Canfield Madow Law Group, PLLC <![CDATA[How to protect inherited assets during a Washington divorce]]> https://www.canfieldmadow.com/?p=50854 2026-10-09T10:49:51Z 2026-10-09T10:49:51Z Does Washington treat inheritance as separate property? Washington law treats inherited assets as separate property, not community property. In practice, that classification can meaningfully affect how a court approaches division. Courts in Washington, however, hold wide authority over how property is divided. RCW 26.09.080 authorizes courts to divide any property, including inherited assets, when a just and equitable outcome requires it. Separate property is not excluded from that authority. Holding an inheritance clearly apart from marital funds offers the strongest available protection. Courts are not barred from dividing separate property if the circumstances call for it.

What actions cause inherited assets to lose protection?

Commingling is the most common threat. It happens when separate funds are mixed with marital assets. Even small or casual transactions can create this problem. Depositing an inheritance into a joint account is one example. Paying a shared mortgage with those funds is another. Adding a spouse's name to an inherited property title can turn it into community property. Courts may treat such funds as a gift to the marriage.

How to maintain separate property status

Individuals who want to protect an inheritance should take consistent, well-documented steps throughout the marriage. The following practices reduce the risk of commingling and help maintain separate property status:
  • Keep inherited assets in accounts held solely in the owner's name
  • Maintain detailed records showing the source of funds and how they were used
  • Retain bank statements and estate documents that help demonstrate separate ownership
  • Avoid using inherited funds for joint purchases or shared expenses
  • Document every transaction involving inherited assets
  • Consider a postnuptial agreement confirming the separate nature of the inheritance
Consistent boundaries and thorough recordkeeping over the course of the marriage give a person the strongest foundation for preserving separate property status if a divorce occurs.

Planning ahead to protect inherited assets

Washington law treats property based on the facts of each case. Account titles, how the couple spends money and the records they keep can affect how a court handles inherited assets in a divorce. A family law attorney can review these assets and spot choices that may put them at risk. A review now can help prevent costly disputes later.]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[What is the 20/20/20 rule in a military divorce?]]> https://www.canfieldmadow.com/?p=50851 2026-10-08T14:51:09Z 2026-10-08T14:51:09Z 20 years of marriage You need at least two decades of marriage to satisfy the first part of the rule. The calculation starts with your legal marriage date and ends when your divorce becomes final. For example, living together for five years before getting married does not add those years to the length of your marriage. If you then divorce after 18 years of marriage, you would fall short of the 20-year requirement.

20 years of military service

Your spouse also needs at least two decades of qualifying military service. The service must count toward military retirement eligibility, but your spouse does not necessarily have to retire before you divorce. This requirement focuses on your spouse’s military service rather than the length of your marriage. You therefore need to look at both timelines separately before determining whether you qualify.

20 years of overlapping marriage and service

At least two decades of your marriage must coincide with your spouse’s qualifying military service. This third requirement makes the timing of your marriage especially important. For instance, imagine that you remained married for 25 years while your spouse completed 22 years of qualifying service. If only 18 years of the military career occurred during your marriage, you would not qualify under this rule.

Benefits for qualifying former spouses

Meeting the three requirements can allow you to retain certain military benefits after divorce, provided you continue to meet the other eligibility conditions. These benefits can include:
  • TRICARE health coverage
  • Commissary privileges
  • Exchange privileges
  • Certain morale, welfare and recreation privileges
Federal rules also place conditions on continued eligibility. For example, remarriage generally affects your ability to retain former-spouse benefits, while other requirements can apply to TRICARE eligibility.

Protect your benefits before divorce

The 20/20/20 rule can help you retain valuable benefits when your marriage and your spouse’s military service meet the required timelines. Before finalizing your divorce, review your marriage and service dates carefully so you know whether you qualify and which benefits you could retain. An attorney familiar with military divorce can review your records with you and help address these benefits as part of the divorce process.]]> by Canfield Madow Law Group, PLLC <![CDATA[How to document domestic violence for a Washington custody case]]> https://www.canfieldmadow.com/?p=50847 2026-09-23T19:10:36Z 2026-09-23T19:10:36Z What records should you keep? Written records create a timeline courts can follow. Start collecting the following documentation after each incident:
  • A dated journal entry noting the date, time, location and description of what happened
  • Photographs of visible injuries, taken as soon as it is safe to do so
  • Text messages and voicemails containing threats, saved without editing or deleting them
Police reports can support a custody case, but they do not prove abuse by themselves. Medical records, photos and witness statements can add support and help show a history of abuse. Prosecutors, not victims, decide whether to bring criminal charges. Safety and personal circumstances should guide any decision to contact the police.

How do medical records strengthen your case?

Medical professionals document injuries based on their observations and the patient’s statements. Seeking medical attention after a violent incident can create an objective record. Tell the healthcare provider how the injury happened and ask them to include those details in the medical record. Courts review all available evidence when considering domestic violence claims. A pattern of medical visits can support a claim. However, one serious incident with credible evidence may also affect custody decisions under Washington law.

How do witness statements and school records support your case?

Witness statements can support an abuse claim. Neighbors, friends and family members who witnessed threats, arguments, or injuries may provide written statements. School records may also show changes in a child's behavior or emotional well-being linked to periods of abuse.

How to organize and protect the records you gather

Keep abuse records clear, organized and secure. Start documenting each incident as soon as possible. Add new details after each event. Store the records in a safe place that can be accessed without relying on the other parent. An attorney familiar with RCW 26.09.191 can help present the evidence and support a residential schedule that protects the children’s safety.  ]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[What should you bring to a divorce mediation?]]> https://www.canfieldmadow.com/?p=50846 2026-09-07T16:30:14Z 2026-09-07T16:30:14Z Financial records Current income and account records give you and your spouse reliable information for discussing the financial terms of your divorce. For a high-asset divorce, you may also need records that show the value or ownership of less obvious assets, such as stock options, business interests or other investments.

Property and debt information

Information about major assets and debts helps you identify what needs to be addressed during property negotiations. Mortgage statements, property records, loan information and credit account statements can help you account for both what you own and what you owe. Washington courts consider community and separate property along with the parties' liabilities when dividing assets in a divorce.

Parenting and child-related records

Schedules and expense records can help you discuss parenting arrangements based on how your children actually live and what they need.
  • Existing parenting plans or schedules
  • School and childcare schedules
  • Records of recurring child-related expenses
For example, a school or childcare schedule can help you identify practical issues with proposed parenting time, especially when work schedules or transportation create limitations.

Existing legal documents

Prior agreements and court orders can show which obligations or arrangements already apply to your family. This may include a prenuptial or postnuptial agreement, an existing parenting plan, a protection order or another family court order. If a document contains terms that affect the issues you plan to mediate, flag those provisions beforehand so you can discuss them with your attorney if necessary.

Your priorities and questions

A written list of your priorities can help you stay focused on the issues you actually need to resolve. You can identify the terms that matter most to you, note areas where you may have room to compromise and write down questions about anything you do not understand. It can also help to separate must-haves from preferences, since mediation often involves making choices between different ways of resolving an issue.

Prepare for the decisions ahead

You do not need a perfectly organized file before mediation. Reviewing your records and priorities with an attorney beforehand can help you identify missing information and understand the legal consequences of the choices you may face during the session.]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[What happens to debt during a Washington divorce?]]> https://www.canfieldmadow.com/?p=50844 2026-09-02T08:49:34Z 2026-09-02T08:49:34Z Divorce can change your household, your budget and your plans for the future. It can also leave you with questions about credit cards, car payments, taxes and the mortgage. In Washington, you need to address debt along with property when you end a marriage.

Understanding how Washington courts divide debt

Washington follows community property rules. Debts that either spouse takes on during the marriage may count as community debt, even if only one person’s name appears on the account. The court divides debt in a way it considers just and equitable. That does not always mean an even split. The court may look at when you took on the debt, why you used it and whether it benefited your household. Debt from before the marriage may remain separate. The same may apply to debt that mainly benefited one spouse.

Identifying common debts in divorce

Each debt requires its own review. You may need to gather account statements, loan documents and other records before you negotiate an agreement or go to court.
  • Credit card balances: Charges for household needs during the marriage may count as community debt.
  • Mortgage loans: The court may address who keeps the home and who must make future mortgage payments.
  • Car loans: If you keep the vehicle, you may also take responsibility for its loan.
  • Student loans: The date of the loan and how you used the funds can affect who must repay it.
  • Tax debt: Responsibility may depend on when the tax debt arose and the facts behind it.
Looking at all debts together can help you understand how they fit into the full property division. Legal assistance can also help you evaluate how community property rules may apply to specific debts.

Protecting your credit after separation

A divorce decree may make your former spouse responsible for paying a particular debt, but it does not change the contract you have with the creditor. When both spouses are listed on a loan or credit card, the creditor may still hold you responsible for the balance if your former spouse fails to make the required payments. You can reduce that risk by closing joint credit cards, paying off shared balances or refinancing a loan into one person’s name when possible. Your separation agreement can also include language that requires reimbursement if one spouse fails to pay an assigned debt.

Building a stronger financial future

Debt decisions can affect your credit and finances long after the divorce ends. Review every account, understand who remains legally responsible and make a plan that protects you from missed payments.]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[Can your child choose which parent to live with after divorce?]]> https://www.canfieldmadow.com/?p=50832 2026-08-24T16:26:29Z 2026-08-24T15:55:29Z Does Washington law give children the final say? In Washington, children do not hold the authority to make the final custody determination. That responsibility belongs entirely to the court. However, Washington law recognizes a child's preference as one meaningful factor within the broader decision-making process. So while your child does not control the outcome, their preference still carries genuine weight in the court's overall deliberations.

At what age does a child's preference matter?

Washington law does not establish a specific age threshold that automatically grants a child greater influence over custody decisions. Instead, judges evaluate each child individually by considering their maturity level and capacity to reason through complex situations. Generally, older children receive more substantial consideration from the court. A teenager's stated preference, for example, tends to carry considerably more weight than that of a younger child.

How does a judge evaluate a child's preference?

Judges do not simply take a child's stated preference at face value. One major concern courts watch for is parental influence. If a parent has coached or pressured a child into expressing a particular preference, a judge will factor that into their assessment. Courts also consider whether the child feels emotionally safe expressing their true feelings. The child's overall well-being guides this entire evaluation.

What other factors does the court consider?

Beyond preference, Washington courts focus on the child's best interests. Judges examine the following:
  • Each parent's relationship with the child
  • The stability of each home
  • Each parent's ability to meet the child's daily needs
Any history of domestic violence or abuse also carries significant weight.

How does a child share their preference with the court?

Children rarely testify directly in open court during custody proceedings. Instead, a judge may appoint a Guardian ad Litem to formally represent the child's interests throughout the process. This trained professional meets with the child privately and then presents their findings and observations to the court. This structured approach effectively shields the child from the emotional pressure of a formal courtroom environment.

Supporting your child’s needs through change

Custody decisions shape your child's daily life for years to come. Listening to your child and understanding their feelings is a meaningful first step. Keep communication open and focus on their emotional stability throughout this process. A child who feels heard and supported may adjust more easily to life after divorce.]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[Are we overlooking valuable assets in our divorce?]]> https://www.canfieldmadow.com/?p=50831 2026-08-13T18:46:49Z 2026-08-13T18:46:49Z High-stakes divorces in Washington involve more than just ending a marriage. They require the careful division of a lifetime of wealth. Since Washington is a community property state, the law looks for a just and equitable division of property and debts. This result is only possible when there is complete and accurate financial information. When your estate is complex, a simple review of the books is rarely enough to protect your interests. There could be much more at stake than you initially realize.

Five assets that may be overlooked

Even in affluent households, certain high-value items can be missed during the initial inventory. Some assets that can be missed include:
  • Stock options and RSUs that have not yet vested
  • Deferred bonuses and executive compensation plans
  • Prepaid tax installments or insurance premiums
  • Cryptocurrency stored in private digital wallets
  • Luxury collectibles like fine art and jewelry
Each of these items represents significant value that may need to be identified and valued in the divorce.

How forensic tools bring the truth to light

A sophisticated legal strategy utilizes forensic accounting to bridge the gap between reported numbers and reality. This process involves a deep dive into historical records, tax filings and spending patterns to trace the flow of community funds. It is not merely about finding hidden cash. It is about verifying the character and value of every piece of property. By examining the paper trail, a legal team can reconstruct a full financial history that stands up in court.

The value of a full financial picture

Finding and properly valuing assets in a Washington divorce does more than just increase the total pool of property. It can provide the leverage needed during settlement negotiations. For instance, in Washington, lack of disclosure can affect credibility and outcomes; courts can also impose sanctions for discovery violations. A clear understanding of your financial landscape can provide security during an uncertain time, and uncovering hidden assets empowers you to advocate for a fair outcome. Financial accuracy builds the foundation for a stable transition into your next chapter.]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[What happens when a parent refuses to follow a parenting plan?]]> https://www.canfieldmadow.com/?p=50827 2026-08-07T13:25:26Z 2026-08-07T13:25:26Z Legal consequences of violating a parenting plan Courts use specific legal steps to ensure parents follow parenting orders. If a court finds out that a parent acted in bad faith, Washington law mandates strict penalties, such as:
  • Mandatory make-up time: The judge would order equal residential make-up time for missed visits or double make-up time for a second violation within three years.
  • Attorney’s fees and expenses: The non-complying parent should pay the other parent’s reasonable legal fees and court costs.
  • Fines and jail time: The court can assess civil fines, and in serious or repeated cases, may order jail time until the parent complies with the order.
  • Custody modification: Repeated or substantial interference with the parenting plan could justify petitioning the court for a permanent modification of primary custody.
If you need to enforce a parenting plan, start by maintaining clear records of missed exchanges, refused calls and co-parenting app logs. With proper legal support, ensure that you serve the paperwork to the other parent within the notice period required by your local court rules.

Enforcing your parenting plan

Taking clear action can help your family find stability and ensure your court order is followed. Consulting a skilled family law attorney could help you understand your enforcement options and work toward a timely resolution for you and your child.]]>