By Mark D. Hodgson
I did not plan to become a lawyer. I was born in Van Nuys, California, and my parents moved to Spokane in 1974, just in time for the World’s Fair. At Mead High School I did almost everything I could to avoid anything that looked like a legal career, until our debate coach, Penny Johnston, asked me to join the team before my senior year. I said no. She called my mother, who told me to give it a try, since I did not have much else going on. That was the beginning.
Debate gave me the confidence in public speaking that eventually made law school seem possible. I earned a degree in history, with a minor in communications, from Eastern Washington University, worked a string of jobs from waiting tables to construction and retail, lived in England for about five months, and spent six summers as a counselor at YMCA Camp Reed. After graduating with honors from Gonzaga University School of Law, I was admitted to the Washington bar in 2003 and went out on my own right away. I have been practicing family law in Spokane for about two decades.
The Question to Ask Before Every Motion
My real legal education began once I started practicing, and one lesson stands above the rest. Before filing a motion or going to trial, the most useful question is often, “What happens if I win?” In family law, a victory in court can create consequences nobody intended. A parent who wins a hard-fought custody motion may also win years of conflict with the other parent, and children feel that conflict more than anyone.
At Hodgson Law Office, that question shapes how we approach divorce cases from the first meeting. A good result is one that still works for the family two, five or ten years later. Sometimes that means pressing hard in court, and sometimes it means negotiating a solution that gives both parents something they can live with.
How Washington Divorce Works
Washington is a no-fault state. A court can dissolve a marriage when one spouse states that it is irretrievably broken, and misconduct generally does not decide who receives what. The law also sets a waiting period of at least 90 days between filing and service of the petition and the entry of a final decree, which gives both sides time to gather financial information and consider settlement.
Property division follows community property principles. Assets and debts acquired during the marriage are generally community property, while property owned before the marriage or received by gift or inheritance is generally separate. Washington courts divide property in a way that is just and equitable, which does not always mean a precise 50-50 split, and a court can consider separate property as well when it makes that division. The length of the marriage, the nature of each asset and each spouse’s economic circumstances after the divorce all play a role. The family home, a business or a retirement account often becomes the center of the negotiation, and understanding how each one is characterized and valued comes first.
Spousal Maintenance
Washington has no fixed formula for spousal maintenance, often called alimony elsewhere. Courts weigh factors such as the length of the marriage, the standard of living during it, each spouse’s financial resources and the time a spouse needs to gain education or training to become self-supporting. Short marriages often lead to limited or no maintenance, while long marriages can support longer awards. Because the decision is so fact-specific, maintenance is often one of the most negotiated parts of a settlement, and it works well when both sides have a realistic picture of what a court would likely do.
Parenting Plans Instead of Custody Labels
Washington courts do not rely on the traditional language of custody. Instead, divorcing parents with minor children need a parenting plan that sets out where the children will live, how decisions about school and health care will be made, and how holidays and vacations will be shared. The plan must serve the children’s best interests, and courts consider factors such as each parent’s relationship with the children, the children’s needs and each parent’s ability to meet them.
Child support is calculated under the state’s child support schedule, which uses both parents’ incomes and the number of children to produce a standard amount. Deviations are possible in certain circumstances. Our office offers a child support calculator on its website for a rough estimate, though the final figure depends on the details of each family’s finances.
Relocation is another common flashpoint. When a parent with whom the children reside most of the time plans to move, Washington law generally requires advance written notice to the other parent, usually at least 60 days, and the other parent can object. Relocation disputes are some of the hardest cases in family law, because a move that helps one parent’s career or family support can reshape the children’s relationship with the other parent.
When Winning Is the Wrong Goal
This is where the question from the beginning matters most. A parent may have strong grounds to oppose a relocation or to seek a restriction on the other parent’s time. Before pursuing it, the right conversation covers what the children’s lives will look like afterward, how the relationship between the parents will function, and whether the cost of the fight is worth what it gains. Sometimes the answer is to go forward. Sometimes a modified schedule or a more detailed plan solves the problem without a trial.
An overview of the broader range of family matters our team handles, including paternity, adoption, third-party custody and issues for unmarried couples, is available at hodgsonlawoffices.com/family-law. Our divorce work also includes contested and uncontested cases, spousal support and military divorces, where federal rules on retirement pay and benefits add another layer to the property division. Those cases raise the same underlying concern. The legal outcome has to support the family’s future as well as settle the dispute in front of the court.
A Team That Chose Family Law
Family law is one of the most difficult and emotionally charged areas of practice, and many lawyers prefer to avoid it. The people on our team chose this work. They are here because they want to help families through some of the hardest periods of their lives, and that commitment shows in how they treat clients who are often in crisis when they first call.
Our office is on West Broadway in Spokane, and I am an active member of the Spokane County Bar Association, appearing regularly on Spokane County Superior Court family law calendars. Outside the office, our firm is an official partner of Spokane Zephyr FC, the city’s professional women’s soccer team, and I continue to support the Mead High School debate program that started me on this path.
People who walk into a family law office are parents, spouses and children trying to figure out what comes next, and the most useful help a lawyer can offer is a clear view of where each choice is likely to lead.
