Canfield Madow Law Group, PLLC Canfield Madow Law Group, PLLC 2026-06-09T15:02:03Z https://www.canfieldmadow.com/feed/atom/ WordPress On Behalf of Canfield Madow Law Group, PLLC <![CDATA[2 ways a military career impacts a divorce]]> https://www.canfieldmadow.com/?p=50815 2026-06-09T15:02:03Z 2026-06-09T15:02:03Z If you are a member of the military and you and your spouse have discussed divorce, it is important to consider the intersection between the two. There are some significant ways that being a military member can actually affect how a divorce plays out, along with the post-divorce agreements that you and your ex sign. First and foremost, the Servicemembers Civil Relief Act can sometimes delay divorce proceedings. As a member of the military, it may be difficult for you to respond to a divorce petition, attend hearings and take other legal steps due to your service to the country. You can often request a 90-day stay, which can sometimes be extended, if necessary. This pauses the divorce case and gives you additional time to respond.

Child custody issues

The SCRA is often used when a military member is deployed and their spouse files for divorce. The automatic stay can help put the divorce on hold until they return to the United States. But deployment can also affect future child custody issues. This is not to say that a military member cannot get custody of their children. But many civilians will have a simple schedule, such as exchanging the children every other week. If a military member is deployed for a significant amount of time—the average is between six and 12 months—it could be impossible for them to have this type of custody schedule. As such, you and your ex may have to find an alternative custody schedule that allows you to have visitation rights or even custody of the children on a flexible schedule that applies when you are home. A military divorce can be complicated, and that is why it is so important for you to understand exactly what legal options you have.  ]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[How the privacy of mediation can help parents during divorce]]> https://www.canfieldmadow.com/?p=50814 2026-05-25T17:37:21Z 2026-05-25T17:37:21Z Parents can discuss family needs openly Litigating custody issues in court creates several challenges. Parents need evidence of any alleged misconduct if they expect a judge to factor their concerns into their custody determinations. Litigation tends to increase conflict levels, which can be stressful for everyone in the family, especially the children. Additionally, parents have to question whether what they reveal in custody proceedings might affect their reputations with the community or their children. Mediation provides an opportunity to discuss concerns in a confidential environment. Parents can talk about substance abuse, anger management concerns and other issues that could influence the best way to divide parenting time and authority. They do not need evidence to discuss their concerns and have them taken seriously. Additionally, the need to work together can help them develop a better co-parenting dynamic. For parents who do not yet agree on property division and custody matters early in a divorce, mediation can be a way to limit the harm the divorce may otherwise cause their relationship with one another and the emotional impact it has on their children. Discussing litigation alternatives with a skilled legal team can help empower parents to choose the best path for their family’s unique needs.]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[Can courts divide property in other states during a divorce?]]> https://www.canfieldmadow.com/?p=50812 2026-05-18T13:42:23Z 2026-05-18T13:42:23Z What authority do Washington courts have over out-of-state property? Washington courts do not typically have jurisdiction over out-of-state property, though they do have personal jurisdiction over you and your spouse. During the divorce, they may order you to take action. This way, the court may divide your property without directly transferring title to real estate outside Washington. To divide properties in other states, the court may order you to sign deeds or transfer ownership. If you refuse to comply with these orders, you could face contempt of court charges or other legal consequences.

How do community property rules apply in a divorce?

Washington follows community property laws, which means most assets acquired during marriage are jointly owned. This principle generally applies to all marital property, regardless of where it is located. Your vacation home in another state would typically be subject to division under Washington's community property framework. The court will evaluate all marital assets, including those in other states, when determining a fair division. Washington generally aims for a just and equitable distribution. This does not always mean a perfect 50-50 split. The court considers various factors, including the length of your marriage, each spouse's financial situation and contributions to acquiring the property.

Protecting your interests in a divorce

Dividing property in multiple states can complicate your divorce, but understanding the process can help you prepare for the steps ahead. Stay organized, gather documentation for all assets and review the laws that apply in each state where you own property. Taking these steps can help you make informed decisions and protect your interests during the divorce.]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[3 helpful communication rules for parents sharing custody]]> https://www.canfieldmadow.com/?p=50811 2026-05-11T03:10:39Z 2026-05-11T03:10:39Z Parents raising their children together despite living separately have to share information. They need to communicate when scheduling adjustments are necessary. They also need to share details about developments in their children's lives. Communication creates opportunities for conflict, which can be stressful for everyone in the family. The three rules below can help facilitate calm and effective co-parenting communication.

1. Use written communication systems

Face-to-face conversations and phone calls can lead to emotional outbursts and arguments. Written conversations promote a calmer dynamic because there is a record of everything said. Parents may even want to use a specialized co-parenting app, as their communications could then serve as evidence if they must eventually go back to court.

2. Embrace the 12-hour rule

Sometimes, communication from a co-parent can trigger an emotional reaction. When people recognize that their anger or grief has influenced their thinking, they can save a message as a draft and wait to send it. Waiting until the evening to respond to a frustrating conversation from the morning or sleeping before responding can help people evaluate the conversation more rationally and limit their emotional responses.

3. Don't discuss personal matters

Especially in the early months after a separation or divorce, conversations about the parents, their careers or their new relationships can spiral into major conflicts. The best way to avoid emotional disputes is to keep all communication fully focused on the children and to avoid discussing personal matters with one another. Parents who have systems in place for effective co-parenting communication can learn to work together and may even eventually improve their dynamic. Structuring communication when sharing child custody can drastically reduce conflict levels and stress for the entire family.  ]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[Why collaborative divorce might be right for you]]> https://www.canfieldmadow.com/?p=50810 2026-04-29T13:14:49Z 2026-04-29T13:14:49Z A less adversarial approach Traditional divorce often feels like a battle. You and the other party hire attorneys. The process becomes confrontational. Collaborative divorce takes a different path. Instead of preparing for courtroom battles, both parties agree to work together with their lawyers to reach a fair settlement. This approach could encourage open communication and mutual respect. You are not enemies. You are two people trying to untangle your lives in the most helpful way possible. The collaborative process typically involves meetings where everyone sits down together to discuss issues. These might include property division, child custody and financial matters. Because the atmosphere is cooperative rather than hostile, it might help reduce stress. It could also preserve important relationships, especially when children are involved.

More control over the outcome

When you go to court, a judge makes decisions about your life. They often do not know your family dynamics or personal circumstances, yet they will determine the division of your assets and how you will co-parent your children. Collaborative divorce could put control back in your hands. You and the other party work together to create solutions that make sense for your unique situation. These conversations happen at the negotiation table, not in a courtroom.

The bottom line

Collaborative divorce is not for everyone. It requires both parties to commit to honesty and cooperation. However, if you and your spouse can communicate respectfully, this approach offers real advantages. You might want to consider it if minimizing conflict matters to you. It is typically faster and less expensive than traditional litigation. It could also be far less emotionally draining. Most importantly, it allows you to move forward with dignity. You maintain control over your future after your marriage ends.]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[Can you afford to divorce later in life?]]> https://www.canfieldmadow.com/?p=50809 2026-04-28T15:05:43Z 2026-04-28T15:05:43Z Your children are adults and out of the house, and now it's just you and your spouse. And, after spending decades together, you may be realizing that you no longer have anything in common, and you seem to be stuck in an unsatisfactory marriage. You're not alone. Americans are living longer and healthier lives, and along the way, they are realizing they don't want to spend the years they have left with their current partner. But how will a divorce affect your financial stability? Can you really afford a divorce at this stage of your life?

Retirement may look different

Washington is a community property state, which means any assets or debts acquired during the marriage are divided equally. This may sound simple; however, in long-term marriages, complex financial portfolios can make division more complicated. Throughout their marriage, couples may accumulate retirement accounts, real estate and investments. Even if the division is equal, the types of assets each spouse receives can significantly impact financial stability, particularly in terms of accessibility or potential tax consequences. You may also have to rethink what your retirement will look like. Savings that were intended to support one household must now be divided between two individuals. This means possibly delaying retirement, adjusting spending expectations or relying more heavily on investment income. Because there are few working years left to rebuild savings, any decisions you make now can have long-lasting effects. Spousal maintenance often becomes an important factor in later-life divorces, especially if one spouse has been out of the workforce or earns significantly less. Courts may award it based on factors such as the length of the marriage, each spouse's financial situation and each spouse's ability to earn income. However, maintenance isn't guaranteed or may not be permanent. Therefore, it should only be viewed as one piece of a broader financial plan. Deciding whether or not you can afford to divorce later in life is not just about covering your immediate expenses. You need to look at whether you can maintain financial stability over time. Before making any decisions, it's important to work with experienced professionals who can help you understand your options and develop a strategy that supports your long-term financial stability.  ]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[3 Parenting plan issues that often lead to litigation]]> https://www.canfieldmadow.com/?p=50808 2026-04-21T15:15:58Z 2026-04-21T15:15:58Z Creating a parenting plan is one of the most important steps in a divorce or separation. However, even the most detailed plans can face challenges as life changes. For example, when parents cannot reach an agreement, they often end up in court. Here are three common parenting plan issues that frequently lead to litigation.

Unclear holiday and vacation schedules

Many parenting plans divide holidays in broad terms. Phrases like "parents will share holidays equally" sound fair, but they often lead to conflict. Without specifics, parents may argue over who gets the child for Thanksgiving or which parent takes spring break in odd-numbered years. In Washington, courts prefer parenting plans to be highly specific. When a plan leaves gaps, it creates room for disagreement. On the other hand, a clear, written schedule for each holiday, school break and vacation window reduces the risk of returning to court.

Relocation disputes

Relocation is one of the most complex and contested issues in Washington family law. That's because they affect school districts, visitation routines and the child's daily stability. Therefore, Washington law requires a parent who intends to relocate to provide formal written notice to the other parent. The non-moving parent then has a specific window of time to object. If a parent files an objection, a judge must decide the matter using the 11 factors found in RCW 26.09.520. 

Changes in the child's needs

Washington courts use different standards for changes. These changes can either be major or minor.  A major modification typically requires showing a substantial change in circumstances. For example, one parent needs to move for a new job. This can significantly reduce the other parent's time with the child.  Minor modifications, on the other hand, involve small adjustments to the residential schedule. Thus, they may receive approval under a lower legal threshold. With that said, proving these standards requires careful preparation and evidence.

Protecting your plan

A family law attorney helps you build a parenting plan that anticipates future conflicts. They understand Washington statutes and can draft clear, enforceable language. If a dispute arises, an attorney can help you navigate the court system, saving you time and reducing stress.]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[Spousal maintenance in Washington gray divorces: What to know]]> https://www.canfieldmadow.com/?p=50806 2026-04-07T15:10:50Z 2026-04-07T15:10:50Z Gray divorces – those that involve couples in their 50s or older – come with a unique set of concerns. When a marriage ends after 20, 30 or even 40 years, the question of spousal maintenance (or “alimony”) becomes increasingly important to both sides. In Washington, the courts have significant flexibility when it comes to how this issue is handled. That means outcomes can vary, even when marriages are of a similar length. 

There is no fixed formula for spousal maintenance in Washington

Unlike child support, Washington does not impose a strict formula when it calculates spousal maintenance. Instead, the courts are guided by statute and must weigh several factors to try to reach a fair result. Key issues that may be used to determine the amount and length of support include:
  • The duration of the union 
  • Each party’s financial resources, including separate property
  • The standard of living that was enjoyed during the marriage
  • The age and health of each spouse
  • Each party’s earning capacity
  • A spouse’s in-kind contributions to the household or as a primary caregiver
Spousal maintenance can last for varying amounts of time. In some cases, short-term rehabilitative support is given to help a dependent spouse transition to independence, but that’s less likely in a gray divorce after a lengthy marriage. Long-term maintenance is more likely in cases involving marriages of 25 years or longer, particularly when one spouse has sacrificed a career to care for their household or family or is in ill health. The court may recognize the inherent difficulties of re-entering the workforce late in life. It is important to note, however, that even “permanent” spousal support is not truly likely to be permanent. Once the parties reach retirement age and become entitled to Social Security benefits or a pension, maintenance may end.  If you’re approaching a gray divorce in Washington, it can help to understand how spousal maintenance is likely to apply to your situation so that you can take a strategic approach to your upcoming negotiations. ]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[What is the USFSPA and why does it matter?]]> https://www.canfieldmadow.com/?p=50803 2026-03-26T06:24:02Z 2026-03-26T08:00:44Z Divorce after years of military service can raise tricky questions about retirement benefits. You might wonder how these payments are divided. The USFSPA, sets a federal framework that lets state courts treat military retired pay as marital property. In Washington, where many military families live, these rules often play a key role in planning finances during a divorce.

How does the USFSPA define retirement division?

The Uniformed Services Former Spouses’ Protection Act (USFSPA) gives courts permission, not a requirement, to divide military retired pay. Washington law usually treats assets earned during marriage as shared between spouses. Under the USFSPA, a court can award a former spouse a portion of “disposable retired pay,” which sometimes reaches 50%. The exact share depends on factors like the length of the marriage and years of service.

Who qualifies for direct payments?

The “10/10 Rule” often causes confusion. It separates eligibility for a share from the ability to receive direct payments. To get payments straight from the Defense Finance and Accounting Service, the marriage must last at least ten years with ten years overlapping military service. Even if a marriage falls short of this rule, Washington courts may still award a share. In those cases, the service member usually sends payments directly to the former spouse. How and when you get money can change depending on this distinction.

How do Washington courts apply these rules?

Washington courts follow community property rules but have flexibility to reach fair outcomes. Judges often consider the length of the marriage and contributions from each spouse. Federal law may limit direct payments, but state law usually sets the percentage awarded. In some situations, courts may use the “Frozen Benefit Rule,” which bases the former spouse’s share on pay and rank at the time of divorce rather than retirement.

What factors could affect benefits?

Several things may influence the final outcome:
  • Disability pay may lower the amount available for division
  • Survivor Benefit Plan coverage and TRICARE eligibility often follow strict rules
  • Remarriage may change access to some benefits
These factors can affect how courts calculate retirement pay and what each party receives.

Securing your financial future

The USFSPA provides a framework for dividing military retirement benefits, but it does not guarantee exact military divorce results. Understanding how federal and Washington laws interact can help you better anticipate what to expect during a divorce.]]> On Behalf of Canfield Madow Law Group, PLLC <![CDATA[How do you make a fair visitation plan for military families?]]> https://www.canfieldmadow.com/?p=50801 2026-03-16T15:21:26Z 2026-03-16T15:21:26Z Tips for parenting plans for deployed parents Creating a fair parenting plan means understanding how military duties affect family time. Your plan needs to cover both regular custody when everyone's home and special arrangements during deployments or temporary assignments. Courts want to see specific plans for who will care for the children during deployments. This is usually the other parent, but sometimes stepparents or grandparents, too. Military families do better with flexible schedules instead of strict ones. For example, avoid strict terms like "every other weekend." Instead, try wording it as "up to 10 days per month when not deployed" for greater flexibility. Include clear rules for holiday visits that work with military leave schedules. Additionally, it’s a good idea to have requirements for both parents to share schedule changes as soon as the military parent receives new orders.

Staying connected with virtual visitation

Washington courts now support virtual visits for military families. These digital connections help deployed parents stay involved in their kids’ lives:
  • Video calls: Set up regular video call times that work with different time zones
  • Text and email: Include rights to text or chat messaging, email and social media communication
  • Watching events: Allow the military parent to watch school events or sports games through video
  • Special apps: Consider co-parenting apps to share schedules and updates more easily
  • Sharing pictures: Create rules for sharing photos and videos of what the children are doing
  • Playing games: For older kids, consider including multiplayer online gaming as a way to spend fun time together
  • Saving videos: Decide whether parents can record calls to watch later during times with poor internet
Your plan should clearly say what each parent must do to make these digital connections happen.

A fair plan for happy kids and co-parents

A good military parenting plan balances legal protection with practical flexibility. With the technology available today, it’s become easier to schedule online visitations and ensure your child gets quality time with your deployed co-parent. With the right approach, you can protect your parental rights while giving your children stability and connection despite the challenges of military life.]]>