March 5, 2025 • 30 mins
Who's ready to listen to the best damn morning show this side of the Mississippi? YOU, hopefully! It's alllll right here! Rick Jones from Goldberg Jones Divorce For Men joined the program for a very special edition of Life Coach. There were some great discussions about the best band to ever come out of the Pacific Northwest, which was the KZOK Question Of The Day. Listener Shannon called in to see if she's a JERK or JUSTIFIED for not wanting any children at her upcoming wedding....and a whole bunch more. Check out the whole show here, music-free. KZOK Mornings. Funny...sometimes.
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Transcript
Episode Transcript
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you're heading in that direction. Well, if you want some
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two one oh two five because Rick Jones is going
to be joining us. It's Rick Jones of Goldberg Jones.
(04:10):
He knows everything about divorce, family law, custody issues, and
he is going to be joining us next taking your
calls about all things divorce. Eight hundred two five two
one oh two five, divorce.
Speaker 3 (04:22):
Snozzel, support, custody issues. Rig Jones of Goldberg Jones is
in the studio to give you free legal advice.
Speaker 4 (04:29):
Call now.
Speaker 1 (04:30):
It's two two one oh two five. That's right. Rick
Jones of Goldberg Jones is here. Good morning, Rick, Good morning, Sarah,
Good morning, Gibbons, Good morning, and we are happy to
have you here because a lot of people are dealing
with the prospect of getting a divorce, aren't they.
Speaker 5 (04:46):
Shocker.
Speaker 1 (04:48):
If you've got a question for Rick Jones, you can
call to speak with him right now. Eight hundred two
five to two one oh two five. The number of
people getting divorces skyrocketing, so I know a lot of
you out there probably need his hell. Rick is here
right now eight hundred and two five two one two five.
We'll start with Marion in Seattle.
Speaker 4 (05:07):
Hi, Marian, Hi, Way Hi.
Speaker 6 (05:10):
So my sister is heading toward a divorce and it's
gotten pretty ugly. And my question to you was, what's
the difference between mediation and litigation?
Speaker 7 (05:24):
Yeah, well me, litigation is basically when two people have
an active lawsuit going.
Speaker 5 (05:30):
But it doesn't really mean any more than that, other than.
Speaker 7 (05:34):
When you've got an active lawsuit going, you're trying to
figure out how to how to close it, how to
have it be inactive, and one of the tools at
your disposal is to.
Speaker 5 (05:43):
Attempt a mediation.
Speaker 7 (05:45):
And a mediation doesn't you know, doesn't have a necessary outcome.
It's not like a trial where there's going to be
an outcome. A mediation is when both sides, presumably in
good faith, sit down and try and hammer out an agreement.
So it is a very very very useful tool and
a divorce and of the cases that go to mediation,
I would estimate a good I don't know, let's say, eighty,
(06:08):
maybe even ninety percent do end up settling through that process.
So it is sort of a necessary part before you
even are allowed to go to trial in most of
the counties.
Speaker 5 (06:19):
Here, King Pierce Snomich, all.
Speaker 1 (06:22):
Right, there you go, Marion. If you've got a question
for Rick Jones, you can call eight hundred and two
five two one o five. Right now, Rick Jones knows
what we say basically everything about divorce and family law.
Peter and pull up. You are on with Rick Jones
of Goldberg Jones.
Speaker 8 (06:38):
Heiky, thanks for taking Thanks for taking my call.
Speaker 4 (06:41):
Rick, I really appreciate this.
Speaker 5 (06:43):
Love what you're doing.
Speaker 9 (06:45):
I have a question about divorce. When you get a divorce,
what is it that determines community property and separate property?
Because I want to prepare myself as my marriage is
kind of on the rocks and I've required a few
classic cars over the years and I don't want her.
Speaker 4 (07:02):
To get them.
Speaker 7 (07:03):
Yeah, well, the determination really has has already happened, and
the key is to try and protect, you know whatever.
That determination originally started as let me, let me kind
of explain it a little bit more basic circumstances, where
in Washington there's a presumption, so a starting point, that
anything that you've acquired during marriage is shared and shared alike.
Speaker 5 (07:27):
Is this community?
Speaker 7 (07:29):
So then the then the question is, well, is there
a reason though that it should be separate property? Well,
separate property consists of things that you brought into marriage
that were already owned out right, So you weren't continuing
to pay off on them. So let's use the classic
car as an example. A classic car that you had
paid off sitting in your garage when you got married.
(07:51):
The assumption is that it remains your separate property, you know.
The the complexities is when you, let's say, buy this
for five thous dollars, it's sitting in your garage and
you put fifteen thousand dollars into building it up, all
of which you put in after you were married, that
becomes a cloudy issue. You could argue separate property, but
they could also argue community property in roads because it
(08:14):
was your income while married that was kind of producing this.
The other big exception for you, and if for everybody
to hear out there, is if you have let's say
an inheritance, which is usually considered separate property to the
individual that inherited, that money usually goes straight into a
bank account, a separate bank account to keep its nature,
(08:37):
and then moneies that you spend out of that can
get traced back to those separate property roots. So again,
in your example, let's say there was an inheritance. From
that inheritance, you specifically went out and purchased a classic car. Well,
that classic car remains your separate property because it can
be traced back little complex and it's usually one of
(08:59):
those if you're sitting down with me, we kind of
go through the lifeline of whatever this piece of property
is to see if we can argue that it should
be traced to separate property. Yeah.
Speaker 1 (09:10):
So if he acquired the classic cars during the marriage,
then she could be spiteful and take them.
Speaker 10 (09:17):
Yeah.
Speaker 7 (09:17):
Let's say that, you know, fives ten years into the marriage,
you bought a classic car for twenty thousand dollars because
you had it in the joint savings account. Yeah, that's
going to be community property.
Speaker 1 (09:30):
Okay.
Speaker 7 (09:31):
Well, one of the things to mention on this though, too,
is you know, community property needs to be divided as well,
so it becomes kind of a balance sheet analysis. My
guess is she's not really interested in the community if
in the classic car cars themselves, if it's community property,
but she is probably going to be interested in her
(09:51):
share of the value of that. So often it means
maybe sliding something that you care less about over onto
the other side of the ledger or just something more
on the other side. Yeah, But and then you're able
to keep and collect your hobbies all.
Speaker 1 (10:05):
Right, Well, good luck to you, Peter, And it sounds
like you might want to make the call over to
Goldberg Jones. Rick Jones is in studio right now and
you can call to speak with him. Eight hundred two
five two one two five. Rick Jones of Goldberg Jones
can help you figure out what's going on. Mark in Kent,
you were on with Rick.
Speaker 11 (10:22):
Hey, I'm going great, great, Okay, So quick question, quick question, So,
uh I got married in Vegas a few weeks ago?
Please say, I know, uh, the night is a bit hazy,
But how do I find out if I'm like legally
married or if it was just like a stunt?
Speaker 7 (10:45):
H Well did you get did you get any sort
of marriage license?
Speaker 5 (10:52):
Did you sign anything there at the end of the process.
Speaker 4 (10:57):
I'm not gonna lie.
Speaker 5 (10:58):
I remember signing.
Speaker 1 (10:59):
Some thing, but like I said, it was more drake than.
Speaker 5 (11:03):
I've ever had.
Speaker 4 (11:05):
Well?
Speaker 5 (11:05):
Sure, sure?
Speaker 7 (11:06):
And how long ago?
Speaker 4 (11:07):
Did you say?
Speaker 5 (11:08):
This was a few weeks ago?
Speaker 4 (11:11):
Okay?
Speaker 5 (11:12):
Do you guys live together? No?
Speaker 4 (11:16):
Okay?
Speaker 7 (11:17):
Do you know her?
Speaker 4 (11:19):
So?
Speaker 7 (11:20):
What I what I can't do is I can't tell
you whether or not you actually got legal, legally married.
Speaker 5 (11:26):
What I can tell you.
Speaker 7 (11:27):
Though, is even if you did get at this point,
there's certainly a way to back out. The downside is
you're gonna have to jump through some oops and it's
probably gonna cost you.
Speaker 5 (11:37):
A few bucks.
Speaker 7 (11:39):
But ultimately what you can do is, rather than go
through a divorce, you can basically seek for the marriage
to be to be to be titled invalid. So, in
other words, really just sort of take it out saying
the marriage was really never valid to begin with, and
and really what you need to show is things like,
well it was only two weeks ago. There's reason why
(12:00):
it was hazy. Oh by the way, we we we
then haven't gone to act as if we're married either.
But you do need to go through the process. So
you know, first first check is whether or not there
there was a marriage license, and maybe you call her
to see what what she's got.
Speaker 4 (12:16):
And.
Speaker 7 (12:18):
If there is, then you know you do need to
go through the court and file emotion to have it
be declared invalid.
Speaker 1 (12:25):
All right, sorry, Mark, I know, man, I know. Awesome.
So there is no like magical database that Mark can
go to that shows your marital status or like you know,
in Las Vegas or Nevada, there's no way of him
like looking to see.
Speaker 7 (12:44):
Yeah, I see, that's the problem, especially when it's when
it's a Vegas you know, Vegas wedding, reno, wedding, that
type of thing. I actually just don't know how you
would reach out to the to the state of Nevada
to find that out. There certainly is a way in
the state of Washington. The Department of Ivital Statistics obviously
has to keep records like that, so there certainly is
(13:05):
a process that he could go through two weeks in
I don't know if they've they've logged.
Speaker 1 (13:11):
Yeah, that's a good point.
Speaker 5 (13:12):
That would be the concern.
Speaker 1 (13:14):
All right, Mark, give a call to Goldberg Jones. It
sounds like it's going to be easier than getting an
actual divorce though.
Speaker 7 (13:24):
Yeah, it certainly should be, because I also can't imagine
her standing up to object either. I mean, there's even
if they got married and they thought they were really
happy for two weeks and lived together, even then there's
really nothing to divide Anyways, at this.
Speaker 1 (13:37):
Point, that's a good point, Patrick and Everett, you were
on with Rick Jones of Goldburg Jones.
Speaker 4 (13:43):
Yeah, that's hi, Rick, This is all great advice. Thanks.
Speaker 8 (13:48):
So my situation is I'm about to get married, I
mean married, I'm about to get divorced after ten years
of marriage and I was a stay home dad. Know,
I haven't actually been out in the workforce for like
eight years, so I'm kind of wondering, you know, how
long the spousal support is going to last? And you know,
(14:10):
I'm planning to get a job. I'm out there.
Speaker 4 (14:12):
You know, I'm looking, but i don't know how long
it's going to take.
Speaker 7 (14:16):
Sure, Well, you know, you can imagine the situation comes
up a lot. Sometimes it's it's you know, reversed and
gender on that. But the situation certainly has a whole
lot of precedent. A couple of things that are going on.
Number one is, even though you didn't ask me about it,
there's the issue of parenting plan, There's the issue of custody,
(14:36):
and it definitely does put you in the driver's seat,
the one with leverage if you are the one that's
been taking care of your child or your children's you know,
day to day needs, and the courts understand that that
also puts a little pressure on getting back into the workforce.
So when it comes to the spousal support, which you
had a question about spousal supports a little bit more
(14:59):
complex than child support because it also factors in, you know,
what maybe what your income history would have been or
could be in lieu of working. But it also looks
at the difference of income between the two of you. So,
for example, if you know, if she's making fifty thousand
dollars forty thousand dollars, well, then there's not a lot
(15:21):
to go around in terms of spousal support, even with
you at zero currently. However, if she's making a lot
more than that, then definitely there's going to be spousal support.
A general rule of thumb, and again this is a
very basic answer to a more complex question, but it
would be one year of spouse's support for every approximately
three years of marriage three to four even so on
(15:45):
a ten year marriage, you're you know, somewhere looking at
in the range of about I'll even widen it up.
I'll say two to two to three and a half
years of spousal support.
Speaker 8 (15:54):
Wow.
Speaker 7 (15:56):
And that also can be revised based on getting back
in to the workforce, so you know, getting back into
the workforce. Of course, you may not be able to
jump in at a level you know that that you
otherwise were at before kind of a start over, and
the courts open to that in terms of an argument
as well, why there should be some continuing spousal support.
Speaker 1 (16:15):
We learned so much when you join the show, Rick Jones,
I think a lot of people assume that the spousal
support just last forever and that it's uh that it's.
Speaker 5 (16:24):
One don't move to California.
Speaker 10 (16:26):
Okay, Washington's a little bit more realistic when it when it,
you know, recognizes that people do need to move on.
Speaker 4 (16:36):
Yeah.
Speaker 1 (16:36):
Yeah, If you have a question for Rick Jones, you
can call right now. Eight hundred two five two one
o two five. Rick Jones of Goldberg Jones helping out
with the all things divorce, family law, child custody, you
name it. He can help you figure it out. Eight
hundred and two five two one oh two five. Shannon
in Tacoma, you're on with Rick.
Speaker 8 (16:56):
Nice Shannon.
Speaker 12 (16:59):
So I married in Hawaii on vacation a couple of
years ago. But we both obviously like live here in Washington.
Do we have to get divorced in Hawaii?
Speaker 7 (17:11):
No, As a matter of fact, you really can't get
divorced in Hawaii. The word that applies here is called jurisdiction.
And the only state that has jurisdiction because the two
of you together collectively have lived here for the last
six months or more, is Washington, okay.
Speaker 12 (17:29):
And also in Washington, how long does the divorce.
Speaker 7 (17:33):
Take, Well, the minimum that can take is ninety days
because our state has a waiting period once the case
is filed. You know, they want to make sure that
emotions and duress are not involved in any sort of
a settlement. And that's even if you have full agreement.
You know, on day one, day ninety is the key there.
If you don't have an agreement, the case stays open
(17:55):
and so it's settled. An example, I'll use King County
as an example. The day you file the case, you're
given a case schedule that the last day on that
case schedule is a presumed trial date, and these days
it's about eleven and a half months down the road,
so just.
Speaker 5 (18:11):
Short of a year. Now.
Speaker 7 (18:13):
Again, very few cases go to trial, you know. Obviously
at my office we see cases that are pretty contested,
and even then, I would say less than five percent
of the cases that we're involved in go to trial.
So the real expectation and the way most people look
at it is. If you know you want to go
down this path, get the petition filed. That's the ticket
(18:35):
that you know starts the time clock starts, that day
count running, and then at that point it's about coming
to an agreement.
Speaker 1 (18:42):
All right, Well, good luck, Shannon. You know a lot
of people has started doing the divorce parties. It might
have been fun if they had to go get divorce
in Hawaii.
Speaker 5 (18:51):
I was going to say, you know, if they had jurisdiction.
It depends on if you want the vacation or not.
Speaker 1 (18:55):
Yeah, maybe they should go to Hawaii to talk it out.
We have a text at nine zero sixty seven from
Tom and Renton. He said, my wife and I do
not speak. Can we get a divorce all through lawyers
and never have to see each other again?
Speaker 4 (19:11):
Yes.
Speaker 7 (19:11):
As a matter of fact, many people do it that way.
You can imagine when two people are divorcing, it's oftentimes
a little acrimonious, and so it's actually nice when you've
got when you've got the business of divorce to get done,
is to have two people talking to each other that
you know, in the way of attorneys, that both know
(19:32):
the law but don't have the emotional attachment and the
baggage that goes along with it.
Speaker 5 (19:36):
So yeah, that's a terrific idea.
Speaker 1 (19:38):
Okay, maybe a lot of people just don't know if
it's an option. So the answer is yes, that's great.
Speaker 5 (19:43):
Yes, absolutely, They've.
Speaker 1 (19:44):
Got time for another call. It is Brenda and Tacoma.
You are on with Rick Jones of Goldberg Jones.
Speaker 5 (19:50):
Hello, Brenda.
Speaker 13 (19:50):
I Hi, So I was wondered if you own a
heritage property two properties that you were married for twenty
three years lived on one of the inheritance properties, should
you get an attorney rather than just go and do
with the divorce papers yourself.
Speaker 7 (20:09):
Well, yeah, I mean, it certainly depends on your perspective.
If you're the one that that has that very solid
argument to make that it's separate property. The real question
is is whether or not your your your spouse, you're
soon to be x is going to argue against that. Now,
if they're not arguing against that at all, well, you know, yes,
(20:29):
you can accomplish it on a still an uncontested manner.
That being said, you probably still want an attorney because
you've got something that's you know, need that needs.
Speaker 5 (20:38):
To be protected. The flip side, of course, is if they.
Speaker 7 (20:41):
Are coming after your separate property, well, then absolutely you
need an attorney because again it gets a little complex,
and attorneys are pretty good at making an argument, you know,
in the inroads into community property. So somebody you want
somebody playing defense for your.
Speaker 1 (20:57):
Good luck, Brenda, it sounds like you should be calling
one eight hundred divorse later on this morning. We've got
time for one more call. It is read in Tacoma.
Speaker 7 (21:06):
Bring it read.
Speaker 14 (21:08):
Hey, my daughter has one hundred thousand dollars that she's
going to put down on a house and she is
not married yet. Is there a way to protect that
one hundred thousand dollars of equity in that house in
the event of a divorce further down the road or
is that simply fall under what you've been talking about
the separate property?
Speaker 7 (21:30):
No, there is.
Speaker 5 (21:31):
Yeah, it's a great question.
Speaker 7 (21:33):
I love it when, you know, when I'm hearing these
questions because my mind immediately goes to how many more
people are listening to this? So that actually makes me
feel good that that answering your question is going to
benefit just about everybody listening to casey okay this morning.
But yeah, there is the ability to try and set
this up the way it should be, which is, you know,
(21:55):
have some sort of a writing, maybe an agreement, which
is the understand you know, husband, wife understands, or in
this case, it would be a prenup since she's not married.
But hey, okay, we're moving into my house, but understand
and including this prenup the fact that the one hundred
thousand dollars equity that exists on day one came from
(22:18):
my separate property investment. So you kind of want to
do what's called a belt and suspender, in other words,
two means of insurance here. One is a prenup if
and when she gets married, but the other is to
be able to hold on to those transaction documents, to
be able to show number one, when and where that
(22:39):
one hundred thousand dollars came from. And then secondly, here's
the house transaction that shows this one hundred thousand dollars
put down and that way later in time, you know,
ten years later, fifteen years later, if somebody is trying
to question that being separate property, well now she has
the tools by which the attorney can demonstrate that it
(22:59):
was set for property.
Speaker 5 (23:00):
So great question.
Speaker 1 (23:01):
All right, read, there you go. Rick Once again answering
everybody's questions and getting to the bottom of it. If
you have a question for Rick Jones, if you're going
through a divorce, it's easy to find him one eight
hundred divorce Goldberg Jones dot com. Rick joins us the
first Wednesday of every month. Thank you so much, Rick,
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I'll make the Hall of Fame after I die, which
I totally disagree with because the Hall of Fame is
for two reasons, your fans and your family.
Speaker 1 (25:43):
That was his last interview with sportscaster John Condit. Will
he get in? I'll keep you posted. It's Sarah don't
two point five k's okay, Heal's classic crac station.
Speaker 3 (25:53):
Ok jerk or justified. It's your time to weigh in
and decide.
Speaker 5 (26:00):
Two two one o two five.
Speaker 1 (26:02):
I'm getting married in a few months and I want
to ban kids from coming to the wedding. I want
to have no kids on the invitations, but my fiance's
parents are calling me a jerk.
Speaker 4 (26:11):
What's your opinion?
Speaker 1 (26:12):
No kids at the wedding. Is she a jerk or
is she justified?
Speaker 4 (26:15):
I think you're justified.
Speaker 14 (26:16):
Who wants a bunch of screaming, smelly kids at a wedding?
I mean, the party is meant for adults, So stick
to that man.
Speaker 1 (26:21):
Oh good point, Steven Tacoma. What do you think you're
a jerk?
Speaker 4 (26:25):
Now? Kids are a riot at weddings.
Speaker 11 (26:28):
Everyone loves watching them dance, They love their little suits
and their dresses.
Speaker 1 (26:32):
And you're no fun. Oh that is also a good point.
Your chance to weigh in eight hundred and two five
two one o two five text nine zero sixty seven.
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Speaker 3 (27:22):
Twenty five Azy, Okay, jerk or justified? It's your time
to wait in and decide eight.
Speaker 5 (27:30):
One hundred and two fine two one oh two.
Speaker 1 (27:32):
Five Shannon's getting hitched wants to ban kids from the wedding.
Is she a jerk or is she justified?
Speaker 4 (27:37):
She's a jerk.
Speaker 9 (27:38):
Kids are an important part of family, and how would
she feel two or three years down the road when
they have kids If some nice lady said, oh, you
can't have kids at my wedding?
Speaker 1 (27:48):
Hezy, okay, who's this.
Speaker 5 (27:49):
Josh from gold Bar?
Speaker 4 (27:51):
She's justified. It's her wedding. She does what she wishes.
Speaker 7 (27:55):
If she doesn't want any snotty kids, then that's her choice.
Speaker 1 (27:59):
AQUA good morning.
Speaker 4 (28:01):
Unfortunately, my sister is a total jerk. I mean, how
these kids don't affect our wedding? I don't think so.
She don't want no kids. In that case, do us
allow favor? Don't have none?
Speaker 1 (28:12):
Sir? Well, maybe you were on your way to a
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What do you think?
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I'm gonna go with Everclear. Uh Yeah, I know they're poor,
but they're so kind.
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Been on Instagram, says Soundgarden Patrick on Instagram, Mother Love Bone.
What do you think gets the kzok Question of the
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smelling another Netflix documentary in the works. Maybe hold off
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two point five ksok sales classical roxtation fifty percent of
marriages and in divorce there you go fifty percent if
you're heading in that direction. Well, if you want some
free legal advice about it, call eight hundred two five
two one oh two five because Rick Jones is going
to be joining us. It's Rick Jones of Goldberg Jones.
(04:10):
He knows everything about divorce, family law, custody issues, and
he is going to be joining us next taking your
calls about all things divorce. Eight hundred two five two
one oh two five, divorce.
Speaker 3 (04:22):
Snozzel, support, custody issues. Rig Jones of Goldberg Jones is
in the studio to give you free legal advice.
Speaker 4 (04:29):
Call now.
Speaker 1 (04:30):
It's two two one oh two five. That's right. Rick
Jones of Goldberg Jones is here. Good morning, Rick, Good morning, Sarah,
Good morning, Gibbons, Good morning, and we are happy to
have you here because a lot of people are dealing
with the prospect of getting a divorce, aren't they.
Speaker 5 (04:46):
Shocker.
Speaker 1 (04:48):
If you've got a question for Rick Jones, you can
call to speak with him right now. Eight hundred two
five to two one oh two five. The number of
people getting divorces skyrocketing, so I know a lot of
you out there probably need his hell. Rick is here
right now eight hundred and two five two one two five.
We'll start with Marion in Seattle.
Speaker 4 (05:07):
Hi, Marian, Hi, Way Hi.
Speaker 6 (05:10):
So my sister is heading toward a divorce and it's
gotten pretty ugly. And my question to you was, what's
the difference between mediation and litigation?
Speaker 7 (05:24):
Yeah, well me, litigation is basically when two people have
an active lawsuit going.
Speaker 5 (05:30):
But it doesn't really mean any more than that, other than.
Speaker 7 (05:34):
When you've got an active lawsuit going, you're trying to
figure out how to how to close it, how to
have it be inactive, and one of the tools at
your disposal is to.
Speaker 5 (05:43):
Attempt a mediation.
Speaker 7 (05:45):
And a mediation doesn't you know, doesn't have a necessary outcome.
It's not like a trial where there's going to be
an outcome. A mediation is when both sides, presumably in
good faith, sit down and try and hammer out an agreement.
So it is a very very very useful tool and
a divorce and of the cases that go to mediation,
I would estimate a good I don't know, let's say, eighty,
(06:08):
maybe even ninety percent do end up settling through that process.
So it is sort of a necessary part before you
even are allowed to go to trial in most of
the counties.
Speaker 5 (06:19):
Here, King Pierce Snomich, all.
Speaker 1 (06:22):
Right, there you go, Marion. If you've got a question
for Rick Jones, you can call eight hundred and two
five two one o five. Right now, Rick Jones knows
what we say basically everything about divorce and family law.
Peter and pull up. You are on with Rick Jones
of Goldberg Jones.
Speaker 8 (06:38):
Heiky, thanks for taking Thanks for taking my call.
Speaker 4 (06:41):
Rick, I really appreciate this.
Speaker 5 (06:43):
Love what you're doing.
Speaker 9 (06:45):
I have a question about divorce. When you get a divorce,
what is it that determines community property and separate property?
Because I want to prepare myself as my marriage is
kind of on the rocks and I've required a few
classic cars over the years and I don't want her.
Speaker 4 (07:02):
To get them.
Speaker 7 (07:03):
Yeah, well, the determination really has has already happened, and
the key is to try and protect, you know whatever.
That determination originally started as let me, let me kind
of explain it a little bit more basic circumstances, where
in Washington there's a presumption, so a starting point, that
anything that you've acquired during marriage is shared and shared alike.
Speaker 5 (07:27):
Is this community?
Speaker 7 (07:29):
So then the then the question is, well, is there
a reason though that it should be separate property? Well,
separate property consists of things that you brought into marriage
that were already owned out right, So you weren't continuing
to pay off on them. So let's use the classic
car as an example. A classic car that you had
paid off sitting in your garage when you got married.
(07:51):
The assumption is that it remains your separate property, you know.
The the complexities is when you, let's say, buy this
for five thous dollars, it's sitting in your garage and
you put fifteen thousand dollars into building it up, all
of which you put in after you were married, that
becomes a cloudy issue. You could argue separate property, but
they could also argue community property in roads because it
(08:14):
was your income while married that was kind of producing this.
The other big exception for you, and if for everybody
to hear out there, is if you have let's say
an inheritance, which is usually considered separate property to the
individual that inherited, that money usually goes straight into a
bank account, a separate bank account to keep its nature,
(08:37):
and then moneies that you spend out of that can
get traced back to those separate property roots. So again,
in your example, let's say there was an inheritance. From
that inheritance, you specifically went out and purchased a classic car. Well,
that classic car remains your separate property because it can
be traced back little complex and it's usually one of
(08:59):
those if you're sitting down with me, we kind of
go through the lifeline of whatever this piece of property
is to see if we can argue that it should
be traced to separate property. Yeah.
Speaker 1 (09:10):
So if he acquired the classic cars during the marriage,
then she could be spiteful and take them.
Speaker 10 (09:17):
Yeah.
Speaker 7 (09:17):
Let's say that, you know, fives ten years into the marriage,
you bought a classic car for twenty thousand dollars because
you had it in the joint savings account. Yeah, that's
going to be community property.
Speaker 1 (09:30):
Okay.
Speaker 7 (09:31):
Well, one of the things to mention on this though, too,
is you know, community property needs to be divided as well,
so it becomes kind of a balance sheet analysis. My
guess is she's not really interested in the community if
in the classic car cars themselves, if it's community property,
but she is probably going to be interested in her
(09:51):
share of the value of that. So often it means
maybe sliding something that you care less about over onto
the other side of the ledger or just something more
on the other side. Yeah, But and then you're able
to keep and collect your hobbies all.
Speaker 1 (10:05):
Right, Well, good luck to you, Peter, And it sounds
like you might want to make the call over to
Goldberg Jones. Rick Jones is in studio right now and
you can call to speak with him. Eight hundred two
five two one two five. Rick Jones of Goldberg Jones
can help you figure out what's going on. Mark in Kent,
you were on with Rick.
Speaker 11 (10:22):
Hey, I'm going great, great, Okay, So quick question, quick question, So,
uh I got married in Vegas a few weeks ago?
Please say, I know, uh, the night is a bit hazy,
But how do I find out if I'm like legally
married or if it was just like a stunt?
Speaker 7 (10:45):
H Well did you get did you get any sort
of marriage license?
Speaker 5 (10:52):
Did you sign anything there at the end of the process.
Speaker 4 (10:57):
I'm not gonna lie.
Speaker 5 (10:58):
I remember signing.
Speaker 1 (10:59):
Some thing, but like I said, it was more drake than.
Speaker 5 (11:03):
I've ever had.
Speaker 4 (11:05):
Well?
Speaker 5 (11:05):
Sure, sure?
Speaker 7 (11:06):
And how long ago?
Speaker 4 (11:07):
Did you say?
Speaker 5 (11:08):
This was a few weeks ago?
Speaker 4 (11:11):
Okay?
Speaker 5 (11:12):
Do you guys live together? No?
Speaker 4 (11:16):
Okay?
Speaker 7 (11:17):
Do you know her?
Speaker 4 (11:19):
So?
Speaker 7 (11:20):
What I what I can't do is I can't tell
you whether or not you actually got legal, legally married.
Speaker 5 (11:26):
What I can tell you.
Speaker 7 (11:27):
Though, is even if you did get at this point,
there's certainly a way to back out. The downside is
you're gonna have to jump through some oops and it's
probably gonna cost you.
Speaker 5 (11:37):
A few bucks.
Speaker 7 (11:39):
But ultimately what you can do is, rather than go
through a divorce, you can basically seek for the marriage
to be to be to be titled invalid. So, in
other words, really just sort of take it out saying
the marriage was really never valid to begin with, and
and really what you need to show is things like,
well it was only two weeks ago. There's reason why
(12:00):
it was hazy. Oh by the way, we we we
then haven't gone to act as if we're married either.
But you do need to go through the process. So
you know, first first check is whether or not there
there was a marriage license, and maybe you call her
to see what what she's got.
Speaker 4 (12:16):
And.
Speaker 7 (12:18):
If there is, then you know you do need to
go through the court and file emotion to have it
be declared invalid.
Speaker 1 (12:25):
All right, sorry, Mark, I know, man, I know. Awesome.
So there is no like magical database that Mark can
go to that shows your marital status or like you know,
in Las Vegas or Nevada, there's no way of him
like looking to see.
Speaker 7 (12:44):
Yeah, I see, that's the problem, especially when it's when
it's a Vegas you know, Vegas wedding, reno, wedding, that
type of thing. I actually just don't know how you
would reach out to the to the state of Nevada
to find that out. There certainly is a way in
the state of Washington. The Department of Ivital Statistics obviously
has to keep records like that, so there certainly is
(13:05):
a process that he could go through two weeks in
I don't know if they've they've logged.
Speaker 1 (13:11):
Yeah, that's a good point.
Speaker 5 (13:12):
That would be the concern.
Speaker 1 (13:14):
All right, Mark, give a call to Goldberg Jones. It
sounds like it's going to be easier than getting an
actual divorce though.
Speaker 7 (13:24):
Yeah, it certainly should be, because I also can't imagine
her standing up to object either. I mean, there's even
if they got married and they thought they were really
happy for two weeks and lived together, even then there's
really nothing to divide Anyways, at this.
Speaker 1 (13:37):
Point, that's a good point, Patrick and Everett, you were
on with Rick Jones of Goldburg Jones.
Speaker 4 (13:43):
Yeah, that's hi, Rick, This is all great advice. Thanks.
Speaker 8 (13:48):
So my situation is I'm about to get married, I
mean married, I'm about to get divorced after ten years
of marriage and I was a stay home dad. Know,
I haven't actually been out in the workforce for like
eight years, so I'm kind of wondering, you know, how
long the spousal support is going to last? And you know,
(14:10):
I'm planning to get a job. I'm out there.
Speaker 4 (14:12):
You know, I'm looking, but i don't know how long
it's going to take.
Speaker 7 (14:16):
Sure, Well, you know, you can imagine the situation comes
up a lot. Sometimes it's it's you know, reversed and
gender on that. But the situation certainly has a whole
lot of precedent. A couple of things that are going on.
Number one is, even though you didn't ask me about it,
there's the issue of parenting plan, There's the issue of custody,
(14:36):
and it definitely does put you in the driver's seat,
the one with leverage if you are the one that's
been taking care of your child or your children's you know,
day to day needs, and the courts understand that that
also puts a little pressure on getting back into the workforce.
So when it comes to the spousal support, which you
had a question about spousal supports a little bit more
(14:59):
complex than child support because it also factors in, you know,
what maybe what your income history would have been or
could be in lieu of working. But it also looks
at the difference of income between the two of you. So,
for example, if you know, if she's making fifty thousand
dollars forty thousand dollars, well, then there's not a lot
(15:21):
to go around in terms of spousal support, even with
you at zero currently. However, if she's making a lot
more than that, then definitely there's going to be spousal support.
A general rule of thumb, and again this is a
very basic answer to a more complex question, but it
would be one year of spouse's support for every approximately
three years of marriage three to four even so on
(15:45):
a ten year marriage, you're you know, somewhere looking at
in the range of about I'll even widen it up.
I'll say two to two to three and a half
years of spousal support.
Speaker 8 (15:54):
Wow.
Speaker 7 (15:56):
And that also can be revised based on getting back
in to the workforce, so you know, getting back into
the workforce. Of course, you may not be able to
jump in at a level you know that that you
otherwise were at before kind of a start over, and
the courts open to that in terms of an argument
as well, why there should be some continuing spousal support.
Speaker 1 (16:15):
We learned so much when you join the show, Rick Jones,
I think a lot of people assume that the spousal
support just last forever and that it's uh that it's.
Speaker 5 (16:24):
One don't move to California.
Speaker 10 (16:26):
Okay, Washington's a little bit more realistic when it when it,
you know, recognizes that people do need to move on.
Speaker 4 (16:36):
Yeah.
Speaker 1 (16:36):
Yeah, If you have a question for Rick Jones, you
can call right now. Eight hundred two five two one
o two five. Rick Jones of Goldberg Jones helping out
with the all things divorce, family law, child custody, you
name it. He can help you figure it out. Eight
hundred and two five two one oh two five. Shannon
in Tacoma, you're on with Rick.
Speaker 8 (16:56):
Nice Shannon.
Speaker 12 (16:59):
So I married in Hawaii on vacation a couple of
years ago. But we both obviously like live here in Washington.
Do we have to get divorced in Hawaii?
Speaker 7 (17:11):
No, As a matter of fact, you really can't get
divorced in Hawaii. The word that applies here is called jurisdiction.
And the only state that has jurisdiction because the two
of you together collectively have lived here for the last
six months or more, is Washington, okay.
Speaker 12 (17:29):
And also in Washington, how long does the divorce.
Speaker 7 (17:33):
Take, Well, the minimum that can take is ninety days
because our state has a waiting period once the case
is filed. You know, they want to make sure that
emotions and duress are not involved in any sort of
a settlement. And that's even if you have full agreement.
You know, on day one, day ninety is the key there.
If you don't have an agreement, the case stays open
(17:55):
and so it's settled. An example, I'll use King County
as an example. The day you file the case, you're
given a case schedule that the last day on that
case schedule is a presumed trial date, and these days
it's about eleven and a half months down the road,
so just.
Speaker 5 (18:11):
Short of a year. Now.
Speaker 7 (18:13):
Again, very few cases go to trial, you know. Obviously
at my office we see cases that are pretty contested,
and even then, I would say less than five percent
of the cases that we're involved in go to trial.
So the real expectation and the way most people look
at it is. If you know you want to go
down this path, get the petition filed. That's the ticket
(18:35):
that you know starts the time clock starts, that day
count running, and then at that point it's about coming
to an agreement.
Speaker 1 (18:42):
All right, Well, good luck, Shannon. You know a lot
of people has started doing the divorce parties. It might
have been fun if they had to go get divorce
in Hawaii.
Speaker 5 (18:51):
I was going to say, you know, if they had jurisdiction.
It depends on if you want the vacation or not.
Speaker 1 (18:55):
Yeah, maybe they should go to Hawaii to talk it out.
We have a text at nine zero sixty seven from
Tom and Renton. He said, my wife and I do
not speak. Can we get a divorce all through lawyers
and never have to see each other again?
Speaker 4 (19:11):
Yes.
Speaker 7 (19:11):
As a matter of fact, many people do it that way.
You can imagine when two people are divorcing, it's oftentimes
a little acrimonious, and so it's actually nice when you've
got when you've got the business of divorce to get done,
is to have two people talking to each other that
you know, in the way of attorneys, that both know
(19:32):
the law but don't have the emotional attachment and the
baggage that goes along with it.
Speaker 5 (19:36):
So yeah, that's a terrific idea.
Speaker 1 (19:38):
Okay, maybe a lot of people just don't know if
it's an option. So the answer is yes, that's great.
Speaker 5 (19:43):
Yes, absolutely, They've.
Speaker 1 (19:44):
Got time for another call. It is Brenda and Tacoma.
You are on with Rick Jones of Goldberg Jones.
Speaker 5 (19:50):
Hello, Brenda.
Speaker 13 (19:50):
I Hi, So I was wondered if you own a
heritage property two properties that you were married for twenty
three years lived on one of the inheritance properties, should
you get an attorney rather than just go and do
with the divorce papers yourself.
Speaker 7 (20:09):
Well, yeah, I mean, it certainly depends on your perspective.
If you're the one that that has that very solid
argument to make that it's separate property. The real question
is is whether or not your your your spouse, you're
soon to be x is going to argue against that. Now,
if they're not arguing against that at all, well, you know, yes,
(20:29):
you can accomplish it on a still an uncontested manner.
That being said, you probably still want an attorney because
you've got something that's you know, need that needs.
Speaker 5 (20:38):
To be protected. The flip side, of course, is if they.
Speaker 7 (20:41):
Are coming after your separate property, well, then absolutely you
need an attorney because again it gets a little complex,
and attorneys are pretty good at making an argument, you know,
in the inroads into community property. So somebody you want
somebody playing defense for your.
Speaker 1 (20:57):
Good luck, Brenda, it sounds like you should be calling
one eight hundred divorse later on this morning. We've got
time for one more call. It is read in Tacoma.
Speaker 7 (21:06):
Bring it read.
Speaker 14 (21:08):
Hey, my daughter has one hundred thousand dollars that she's
going to put down on a house and she is
not married yet. Is there a way to protect that
one hundred thousand dollars of equity in that house in
the event of a divorce further down the road or
is that simply fall under what you've been talking about
the separate property?
Speaker 7 (21:30):
No, there is.
Speaker 5 (21:31):
Yeah, it's a great question.
Speaker 7 (21:33):
I love it when, you know, when I'm hearing these
questions because my mind immediately goes to how many more
people are listening to this? So that actually makes me
feel good that that answering your question is going to
benefit just about everybody listening to casey okay this morning.
But yeah, there is the ability to try and set
this up the way it should be, which is, you know,
(21:55):
have some sort of a writing, maybe an agreement, which
is the understand you know, husband, wife understands, or in
this case, it would be a prenup since she's not married.
But hey, okay, we're moving into my house, but understand
and including this prenup the fact that the one hundred
thousand dollars equity that exists on day one came from
(22:18):
my separate property investment. So you kind of want to
do what's called a belt and suspender, in other words,
two means of insurance here. One is a prenup if
and when she gets married, but the other is to
be able to hold on to those transaction documents, to
be able to show number one, when and where that
(22:39):
one hundred thousand dollars came from. And then secondly, here's
the house transaction that shows this one hundred thousand dollars
put down and that way later in time, you know,
ten years later, fifteen years later, if somebody is trying
to question that being separate property, well now she has
the tools by which the attorney can demonstrate that it
(22:59):
was set for property.
Speaker 5 (23:00):
So great question.
Speaker 1 (23:01):
All right, read, there you go. Rick Once again answering
everybody's questions and getting to the bottom of it. If
you have a question for Rick Jones, if you're going
through a divorce, it's easy to find him one eight
hundred divorce Goldberg Jones dot com. Rick joins us the
first Wednesday of every month. Thank you so much, Rick,
Thank you have a great one. It's one of two
point five kz okay Seattles Classical Roxation. A single flame
(23:24):
and hot cheeto shaped like an iconic Pokemon was just
purchased at auction for a staggering eighty eight thousand dollars.
They're calling it Cheetos ard. It's a three inch cheetoh
that kind of looks like the Pokemon monster Charizard. This
sold at auction eighty eight thousand bucks. Now I get it.
Cherizard is one of the og It's one of the
(23:46):
most popular of Pokemon. But this is not a card.
It's a cheeto. Yeah, it's Sarah one O two point
five kz okay Sald's Classical Roxation. All right now to
win your tickets to see The Offspring with Jimmy Eat
World a Newfound Glory. The show's River ampth Theater, September third,
call right now eight hundred two five two one oh
two five. The show is going to be epic. We
(24:06):
want you to get these tickets. We'll play trivia. You
will win. Eight hundred two five two one oh two five.
Called now to play and win from kz Okay.
Speaker 5 (24:13):
What are you smart? We mean Sarah Smart? Your chance
to be Smartius.
Speaker 1 (24:20):
Martacus you in the title you and the tickets to
see The Offspring Jimmy World Newfound Glory, White River Amphitheater,
September third. Are contestant is Megan and port Orchard. Hi, Meghan, Hi,
You need to get two of three correct. Here is
your first question. Come out and play is a classic
song from what band? Playing the bill at White River Ampitheater,
September third, Oh God, the Spring. It is the Offspring, Megan.
(24:45):
Here's your next question. Come out and play this sport
known as the official sport of Canada. There are two
hockey and what sport? You got it? Meghan? I'm there
are three questions, but you only you need a two
of three. I'll give you the last one. Come out
and play this card game that has a flop and
a river. What is this card game? Good thing? You
(25:08):
got the first two Megan, Texas, hold him or poker? Congratulations,
you want the tickets to see the offspring? Tickets go
on sale Friday and they're available through Ticketmaster. Congratulations Megan, Awesome,
thank you. Earlier in the week, until Pete Rose is
being pardoned by Trump and the MLB Commissioner is considering
him for the Hall of Fame, it turns out Pete
(25:30):
Rose knew it.
Speaker 15 (25:31):
I've come to a conclusion. I hope I'm wrong that
I'll make the Hall of Fame after I die, which
I totally disagree with because the Hall of Fame is
for two reasons, your fans and your family.
Speaker 1 (25:43):
That was his last interview with sportscaster John Condit. Will
he get in? I'll keep you posted. It's Sarah don't
two point five k's okay, Heal's classic crac station.
Speaker 3 (25:53):
Ok jerk or justified. It's your time to weigh in
and decide.
Speaker 5 (26:00):
Two two one o two five.
Speaker 1 (26:02):
I'm getting married in a few months and I want
to ban kids from coming to the wedding. I want
to have no kids on the invitations, but my fiance's
parents are calling me a jerk.
Speaker 4 (26:11):
What's your opinion?
Speaker 1 (26:12):
No kids at the wedding. Is she a jerk or
is she justified?
Speaker 4 (26:15):
I think you're justified.
Speaker 14 (26:16):
Who wants a bunch of screaming, smelly kids at a wedding?
I mean, the party is meant for adults, So stick
to that man.
Speaker 1 (26:21):
Oh good point, Steven Tacoma. What do you think you're
a jerk?
Speaker 4 (26:25):
Now? Kids are a riot at weddings.
Speaker 11 (26:28):
Everyone loves watching them dance, They love their little suits
and their dresses.
Speaker 1 (26:32):
And you're no fun. Oh that is also a good point.
Your chance to weigh in eight hundred and two five
two one o two five text nine zero sixty seven.
Open up our free iHeartRadio app. Make kz okay one
of your presets, and you can tap the little red
microphone orcord your voice and send it right here to
the studios. We'll take your calls. Next. Dan Zay will
be at the Walma Theater on the twenty fifth of
this month. Tickets are available now through Ticketmaster. Sarah two
(26:54):
five Ka's Okay sans closiphroxation. Reminder, the clocks go back
this weekend. Ye, it's almost spray. I was doing some
of the dreaded spring cleaning listening to kzy ok on
our free. iHeartRadio app. When I remember the Cracking game
was on, well, I have ninety three point three KJR
is one of my presets, so bam, I just switched
on over to the game and those presets that are
just like in your car so you can save all
(27:15):
your favorites. It's really cool. Cracking back on the ice
tomorrow play in Nashville at five it is Sarah one
of two point five kz ok SEL's classicpcoxtation one O two.
Speaker 3 (27:22):
Twenty five Azy, Okay, jerk or justified? It's your time
to wait in and decide eight.
Speaker 5 (27:30):
One hundred and two fine two one oh two.
Speaker 1 (27:32):
Five Shannon's getting hitched wants to ban kids from the wedding.
Is she a jerk or is she justified?
Speaker 4 (27:37):
She's a jerk.
Speaker 9 (27:38):
Kids are an important part of family, and how would
she feel two or three years down the road when
they have kids If some nice lady said, oh, you
can't have kids at my wedding?
Speaker 1 (27:48):
Hezy, okay, who's this.
Speaker 5 (27:49):
Josh from gold Bar?
Speaker 4 (27:51):
She's justified. It's her wedding. She does what she wishes.
Speaker 7 (27:55):
If she doesn't want any snotty kids, then that's her choice.
Speaker 1 (27:59):
AQUA good morning.
Speaker 4 (28:01):
Unfortunately, my sister is a total jerk. I mean, how
these kids don't affect our wedding? I don't think so.
She don't want no kids. In that case, do us
allow favor? Don't have none?
Speaker 1 (28:12):
Sir? Well, maybe you were on your way to a
wedding and you were injured in an accident. Our sponsors
at Phillips Law Firm will fight for the compensation you deserve,
whether it's a car crash, workplace injury, or slip and fall.
Call one eight hundred Justice Today or visit Justice for
You dot com. Kurt Kabane would have turned fifty eight
this year and he became a grandpa. Nirvana as good
as it gets. But who do you think is the
(28:34):
best band from the Pacific Northwest?
Speaker 12 (28:37):
Nirvana's offshoot the Foo Fighters, Duh, Scandal or Not?
Speaker 1 (28:41):
I Love Me some Day, gol Duh Kevin in Tacoma?
What do you think?
Speaker 8 (28:45):
Well, there are so many Pacific Northwest bands that choose from, but.
Speaker 4 (28:48):
I'm gonna go with Everclear. Uh Yeah, I know they're poor,
but they're so kind.
Speaker 1 (28:54):
Been on Instagram, says Soundgarden Patrick on Instagram, Mother Love Bone.
What do you think gets the kzok Question of the
Day brought to you by Silver City Brewery, a Pacific
Northwest adventure in every can find Silver City Beer in
stores throughout western Washington. Karat Kobe would have turned fifty
eight this year and be a grandpa Nirvana as good
as it gets. But who is your vote for the
best band from the Pacific Northwest?
Speaker 14 (29:16):
Best band from our area?
Speaker 1 (29:18):
Modest mouth is the quaw in the house? Leonard on
Camaino Island text at nine zero six two seven Hart
also a popular answer on Facebook, Isaac says Harvey Danger
and Hawk on Instagram says Alison Chains Kazyok. Question of
the Day one out two point five Kzoka seattles Classic
rock station at Sarah It's time to take a look
at spots. Brought to you by Bradley Johnson Lawyers. Facing
(29:39):
a DUI call one eight hundred duy away last night,
King James did.
Speaker 14 (29:43):
It Labarre Cold for three.
Speaker 2 (29:49):
Twenty two Stagage forty years of age, Cortage sixty thousand
and two.
Speaker 1 (29:56):
Courts unbelievable Spectrum Sportsnet with the call only player to
have fifty thousand total career points. Congratulations Lebron James. The
crack at a lost in Minnesota last night. Tomorrow, they've
got the Preds at five Sports, Brought to you by
Bradley Johnson Lawyers facing a DUI call one eight hundred
duy away. Allie's up next with an hour commercial free
(30:17):
to get your workday started. I'll be back tomorrow
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