Our Practice Areas
Family Law
Domestic Violence
Civil Litigation
Alt. Dispute Resolution
Estate Planning
Estate Administration
Powers of Attorney
Family Law
Human beings are emotional creatures, and family cases are challenging because of those emotions. Sadness invades even the most amicable divorces. Parents become overwhelmed at the thought of not seeing their children everyday during custody cases. Uncertainty and apprehension swirl when considering the long-term financial implications of separating a lifetime of finances. Fear overwhelms reason when you or a loved one’s safety is in jeopardy at the hands of a family member or an intimate partner.
In that sense, family law is the most “human” field of law that there is. Family law, and its emotional effects, impact those we see every day – our family, our friends, and coworkers.
These emotional reactions, while entirely natural and understandable, also do not bear weight for the judge or commissioner that will be deciding the issues. Because these emotions impact us but not our courts of law, considered legal advice and guidance is crucial to obtaining positive outcomes in these cases. The family attorney must help the client navigate the turbulent emotional seas of their case to arrive on sound legal shores.
Johannessen Law is ready to help you navigate the complexities of family law matters.
Divorce
Divorce signifies the ending of a commitment that you’ve made to another person, and is among the most stressful events you can go through. When a marriage ends, all of your property is subject to division, even if Washington law regards it as “separate.” It is important to develop a clear picture of what your assets and liabilities are and how the court might view them, whether as separate or community property. Child custody and support are also at hand, and you might need to take immediate action if there are pressing needs relating to health, safety, or financial stability.
Ending your marriage is a complex and challenging ordeal, and you need sound legal advice to help protect your financial future. Johannessen Law is here to help you through it.
Child Custody
Child custody determinations are extremely emotional. In addition to that burden, the legal framework is complex and requires the court to consider a multitude of factors. Emotion tends to overwhelm parents going through child custody disputes, but that emotion usually has a negative impact on both decision making and your overall impression to the court.
Johannessen Law can help guide you through the legal standards used to make child custody determinations and put your best foot forward in court. Our goal is to help you craft parenting plans that are not only workable today, but sustainable in the future – as much as we love having you as a client, we’d rather not see you back in two years for a modification.
Child Support
Regardless of whether separating parents were married, threats of taking one parent “to the cleaners” for child support are not uncommon. Such claims misunderstand the law in Washington. Child support is based on a series of calculations that are governed by statute – nothing more, nothing less.
The best way to approach child support is to get the numbers right the first time, which requires a careful and complete analysis of each party’s finances. Johannessen Law will take the time to go through your financial statements with you and ensure that the court has a crystal-clear picture of each party’s financial picture before making its decision.
Relocation
Relocation is where one parent wants to move with the children. The moving parent is required to provide notice and wait for the other parent to respond; if they object, the court sets the case in for a trial.
Relocation is largely affected by whether the parent has more than 45% of the residential time with the child. The Court looks at relocations differently depending on whether the parents have a nearly equal parenting schedule, and it is important to understand how your rights might be affected based on the amount of time you have.
Johannessen Law understands the complexities of relocation and can help you work through it.
Modification
Modification cases can be some of the most complex family cases in Washington if they are contested. This is because not only is the court being asked to make a new finding about what is in your child’s best interests, but is a threshold finding that enough has changed since the entry of the original parenting plan to merit changing it.
Johannessen Law can assess your case and help determine whether you have adequate cause, and if so, how to achieve your modification goals going forward.
Committed Intimate Relationships
Washington recognizes a unique marriage-like arrangement known as a committed intimate relationship, or meretricious relationship. If your relationship bears certain hallmarks of a marriage, the law treats any property that you acquired during the marriage as community property that is subject to division when the relationship ends. The relationship is not treated exactly like a marriage, but there are similarities. Unlike a marriage, however, you cannot get spousal support or attorneys’ fees in a CIR case.
Johannessen Law can review your situation and help you determine what your relationship will likely look like to a court.
Cohabitation or Prenuptial Agreements
Everyone loves the feeling of falling in love, of finding the special someone that they decide to spend the rest of their lives with. Some decide that they want to have a life together without the formality of marriage, often after a first marriage and often when each partner has children of their own. If this describes your situation, you may need a cohabitation agreement. Washington law recognizes a unique marriage-like arrangement known as a committed intimate relationship. If your relationship bears certain hallmarks of a marriage, the law treats any property that you acquired during the marriage as community property that is subject to division when the relationship ends.
Likewise, if you are planning to marry and want to protect your assets, a prenuptial agreement serves the same function as a cohabitation agreement.
Johannessen Law can help you craft a cohabitation or prenuptial agreement that will protect your separate property, regardless of your intention to marry.
Domestic Violence
Domestic violence litigation just as emotionally charged as other types of family law but also includes a fear component. Victims of domestic abuse can be both physically and emotionally paralyzed and are often trapped in a cycle of behavior that is difficult to escape. Likewise, it is an unfortunate reality that one party will periodically make false domestic abuse allegations against their partner, particularly when child custody is at issue.
Whether you need help escaping an abusive partner or are seeking to defend against a false allegation, Johannessen Law can help. We will help you review all the evidence and the merits of the allegations and help you determine your best course of action. If you have a long term or permanent protection order in place, we can also help you determine whether you can terminate the order.
Civil Litigation
Civil litigation encompasses a wide array of fields, from contract disputes to personal injury and debt collection. In any civil case, you need to identify the harm that has been done, the responsible party, and your damages. Johannessen Law is equipped to help you identify these critical aspects of your case and can handle a wide array of civil lawsuits.
Contract Disputes
In any contract case, you need three things to prevail: the mutual exchange of promises, failure of performance by one of the parties, and damages. Most often, these cases take the shape of one party paying money for services that are either never rendered or are rendered defectively. Another common problem occurs where you purchase a household appliance or improvement and hire a contractor to install it, only to find that it later fails. This can be due either to a failure in the product itself, an installation failure, or both.
Regardless of the issue, in most contract cases, the contract itself is king. Johannessen Law can help you assess your potential claims and what relief you may be entitled to. We can also help you sort through the finer details such as binding arbitration, statutes of limitation, subrogation, and claims against bonding agents.
Consumer Protection
Washington consumers frequently fall victim to real estate deals marred by a lack of disclosure, purchasing “lemon” automobiles, bushing scams, or companies failing to honor their warranties. Washington boasts one of the most robust consumer protection laws in the United States. Our legislature takes honest and forthright business practices very seriously and provides for “treble,” or triple, damages against businesses that employ deceptive practices against consumers.
Johannessen Law can help. If you feel you have been the victim of unfair or deceptive trade practices, we can help guide you through the process of making things right.
Real Property Disputes
The old phrase “a man’s home is his castle” is a powerful sentiment that often leads to conflict with neighbors. Boundary disputes, damage from poorly maintained trees or other neglect, and invasive plant species are all things that homeowners encounter. These can not only cause conflict among neighbors, but can also cause real damage to your property and negatively impact the value of your home if you are looking to sell.
Johannessen Law is here to help. We can help guide you through the process of identifying the problem and crafting a remedy that both makes you whole and preserves your home.
Alternative Dispute Resolution
The first thing to know about litigation is that it is expensive. Litigation is the process of taking a claim to court, engaging in discovery, and putting on evidence before a judge or jury. Sometimes the law allows for you to recover your attorneys’ fees, and sometimes it does not. Some cases allow for damages above and beyond your out-of-pocket losses as a penalty to the offending party, and some do not. Litigation is fundamentally uncertain in all of its outcomes except one: it is always expensive.
Alternative dispute resolution, or ADR, describes one of several methods of resolving legal disputes without going to court. It can be accomplished through mediation, where the two opposing sides sit down with a neutral third party who counsels each side on the strengths and weaknesses of their respective positions in hopes of reaching a settlement. It can also be reached through arbitration, where the two sides agree that the neutral third party will act as a judge and have the authority to decide the merits of the case without the formality of going to court. Mediation is required in most cases, and arbitration is required in some.
ADR may be able to help you cut down on the cost of your case by reducing discovery and trial costs. Johannessen Law can help you determine if ADR is right for your case and get you through the process.
Estate Planning
Estate planning can be complicated and overwhelming. Whether you are preparing your first Will, or revising an existing Will following a divorce, the death of a loved one, or a change in your wishes, the process can be emotionally challenging. At Johannessen Law, we understand the apprehension and anxiety you feel when you are planning for the future. We will work through all of your concerns to ensure your legacy lives on for your loved ones, while ensuring your individual planning goals are met. We provide compassionate and personalized guidance and service throughout the estate planning process. Your legacy is our priority.
Estate Administration
Estate Administration can mean handling probate, which is the process by which a court makes a determination if a Will is valid and then overseeing distribution of assets, or trust administration, which is similar but not immediately subject to court filings. In either form, the process can be tedious and potentially litigious. In the best of cases, you are tasked with breaking up and disbursing the financial legacy of someone you loved dearly; in the worst of cases, an relative may challenge the estate in court.
Johannessen Law can help you to navigate the probate process. Whether you need someone to hold your hand through the entire process or just provide a word of advice from time to time, Johannessen Law will help guide you through the administration process.
Financial and Medical Powers of Attorney
Often near the end of life or as a result of a severe injury or illness, people become unable to manage their own finances and medical decisions. But the need to manage these decision goes on despite that incapacity – bills still need to be paid, accounts need to be managed, and medical decisions need to be made by someone you trust. Johannessen Law can work with you to ensure that, should the unknown occur, your affairs will be properly and competently managed.