Business Valuation and Goodwill in a Divorce

One of the trickiest and complicated issues during a divorce is valuating a business.  One part of valuation is a concept called goodwill.  Goodwill represents the continuing value of a business venture.  Inherent in its value are factors such as the name of the business, location, reputation and the ability of the members of the business.  In other words, goodwill is the intangible part of the business as opposed to the brick and mortar value of the business.  Depending on the business, goodwill can be the most important value of the company.   Also, a business need not be salable to have goodwill or does it need to have physical assets. read more…


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Relocation with Children after Divorce

A common question for a family law attorney is relocation with children after divorce.  In many situations, parents have gotten a divorce and each parent has visitation according to a parenting plan.  However, what happens if one parent decides to move to another state and wants to take a child?  Obviously, this will be a great concern for the parents especially the parent who is not moving.

If the parents agree, relocation isn’t usually a complicated matter.  An agreement can be memorialized into a supplemental parenting plan and approved by a judge.   However, the complication occurs when the parents do not agree. read more…


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Modification of a Parenting Plan

There are times when modification of a parenting plan makes sense.  There could be a relocation issue or the parties simply have outgrown the plan.  There could also be evidence of misconduct by one parent against a child.   Washington Courts are very careful in deciding whether to grant a modification.  Courts give a preference for stability in the child’s living arrangements.  However, modifications do happen and are appropriate in certain circumstances.

Modification of a parenting plan follows statutorily requirements under RCW 26.09.260.  There are two types of modifications:  (1) major and (2) minor. Compliance with the statute is mandatory.  The party seeking modification is called the moving party. read more…


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Open Marijuana in Vehicle and DUI

Attempting to make marijuana laws resemble alcohol DUI laws, a new Washington State law will ban open containers of marijuana in vehicles starting on September 26, 2015   That means loose joints, open bags of bud or partially consumed packages of marijuana-infused edibles will need to be kept in a vehicle’s trunk or behind its rearmost row of seats to avoid violating the new law.  The law also prohibits the smoking or ingesting of marijuana while in a vehicle on any public roadway.  House Bill 1276 makes several changes to the state’s impaired driving statutes. It restores the state Department of Licensing’s ability to automatically suspend a person’s driver’s license if a blood test shows he or she is legally impaired by marijuana. read more…


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Sentencing Guideline and DUI

President Barack Obama commuted the prison sentences of 46 drug offenders, saying in a video posted online Monday that the men and women were not “hardened criminals” and their punishments didn’t match the crimes they committed. Obama said the move was part of his larger attempt to reform the criminal justice system, including reviewing sentencing laws and reducing punishments for non-violent crimes.

More than 2.2 million adults are imprisoned in the United States, the most in the world, and the incarceration rate is between five and 10 times higher than in Western European countries, according to the National Research Council. More than 100,000 people are currently in federal prison for drug-related crimes, at a cost of about $30,000 per person each year, the United States Sentencing Commission said in a May report. read more…


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Supreme Court and Use of Execution Drugs

On June 28th, the Supreme Court allows use of execution drug.  In Glossip v. Gross The SCOTUS ruled against three death row inmates who sought to bar the use of execution drugs, saying they risk causing excruciating pain. Prior to the ruling, two dissenting members  – Justices Stephen G. Breyer and Ruth Bader Ginsburg – were ready to rule that the death penalty was unconstitutional.  In the end a 5-to-4 decision favored the use.  Washington State law allows for Capital Punishment by intravenous injection or by hanging of the neck (if the defendant so chooses).  As of February 2015, Washington State Correctional list 9 men on death row.


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SCOTUS – Same Sex Marriage

Same sex couples around the United States are celebrating a huge milestone in the case of Obergefell v. Hodges.  On June 23rd, the Supreme Court of the United States (SCOTUS) ruled in favor of same sex union by a 5-4 vote.  This decision means that no state can ban same sex couples from marrying and must recognize their union.  In support of the decision, the White House lit up with rainbow lights the same evening.  Same sex marriage has been legally recognized in Washington State since December 6, 2012.


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