DivorceMag: Washington FAQs

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Frequently Asked Questions About Divorce

"How can I maintain confidentiality and financial privacy in my divorce?"

Divorce lawyer-mediator Mari Frank answers: "In most states when you file documents in a divorce, they become public record for all to see. Some states allow you to black out your social security number to protect you from identity theft, but that is about all. But if you are careful, you can protect your sensitive information from public display. High profile people and celebrities do everything that they can to keep their "dirty laundry" and finances out of the courts and public eye. They usually agree to settle outside of court, either by using attorneys who commit that they will not force the issue to litigation or for an effective and less costly procedure, they'll use divorce mediation..."

"I feel my divorce settlement was unfair. I'd like to appeal my case. How do I begin -- and how do I know if I've got a chance at the appeal?"

Appellate lawyer Brian Saylin answers: "Generally, except in rare instances, one cannot appeal from a stipulation or agreement. If you have some question about the settlement, you should consider trying to vacate the judgment on which it was based. This is available only on specific grounds and only for limited time periods. The grounds for setting aside a judgment under Code of Civil Procedure, Section 473, where you can show mistake, inadvertence, surprise, or excusable neglect, must be filed within a reasonable time, but not after six months..."

"I have a fairly uncomplicated divorce case -- is it possible or even advisable to hire a divorce attorney just for certain parts of the case? How would that work?"

Divorce lawyer Fern Salka answers: "The legal system calls what you are asking about "unbundled" services. Some (not many) attorneys give you the option of hiring them to just handle part of your case. The lawyer offering such services is often referred to as a "consulting attorney." Traditionally, lawyers offered full representation. They made all decisions, did all the work, and were responsible for all aspects or your case. The consulting attorney, on the other hand, will not be the attorney of record. That means all legal notices go directly to the client and the client is ultimately responsible for his or her own case..."

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