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Making Up & Breaking Up
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Valentine's Day is dreadful. Did you know that people tend to break up on Valentine's Day more than any other holiday? In the spirit of this dismal season, we've gathered couples counsleors and divorce lawyers to try to salvage what's left of your relationsh...

Answers
  • What will make the state change a parenting plan?
    Dominik_musafia_sm_small

    In some circumstances one parent can unilaterally start an action to modify a parenting plan. For more information on modification you should consider RCW 26.09.260 found at this link: http://apps.leg.wa.gov/RCW/default.aspx?cite=26.09.260.

    Also, if one of the parents wants to move out of the area this may result in a need to change the parenting plan. Parenting plans typically have a summary of the relocation statutes contained within them. The statutes on the subject begin with the ‘Notice Requirement’ RCW 26.09.430 found at this link: http://apps.leg.wa.gov/RCW/default.aspx?cite=26.09.430.

  • Are 401k's considered personal or joint assets in gay (i.e., unmarried) relationships?
    Lisa-gilmore-color-low-res_small

    The answer depends on many factors. If you were registered with the State (not just the city), the assets earned during the period of registration would be treated at community property under WA law. If you were not registered with the State, you may still have an interest in the value of the 401k if you can prove that your relationship met the legal standard of a "committed intimate relationship" (CIR) during the time the asset was earned - but how that interest is transferred from one partner to another is very fact specific as both Federal and State law apply. To determine CIR status, the court would look to a variety of factors (including length of relationship, continuous cohabitation, pooling of resources/joint accounts, intent of parties, etc.) to demonstrate that the relationship marriage-like.

    WA does not have common law marriage, but I think the CIR determination - which applies to heterosexual and homosexual relationships - comes pretty close.

  • Male Miss Havishams?
    Liz_stranger_small

    Dear Belly,

    First, I'd like to comment on your resiliency. Certainly, heartache can leave a heavy weight making it difficult to find the levity needed to meet a new person. Your positive message to to "dust myself off" may offer the steam you need to find a pleasing connection. Now, let's explore some possibilities.

    One thing to consider is how males and females are able to, at least stereotypically, process the ending of a relationship. Men may not talk with their friends and verbalize the emotions in the same way that females may after a break-up. Of course, this is only a stereotype and based on more anecdotal evidence. However, sadly for men and women, our culture does not always provide a forum for men to say all that they might need or want to move through an ending.

    Conversely, I think it is important to realize that the experiences you have had with men seeming unresolved with their past relationships, may or may not be an accurate reflection of men's ability to keep on truckin'. I remember in high school philosophy class learning about the fallacy of a "special case." Essentially, this means, not to let the action of one, two or even three men color your view of what you can expect from a future dating relationship.

    Lastly, a point for self reflection that may or may not fit for you is to consider what, unconsciously, is being protected when a man is not fully available. Sounds kind of cliche, perhaps...though I do think it is essential and helpful to look for themes in who we are attracted to as a means to glean more information about who we are, what we are fearful of and what we desire.

    I wish you relationship luck!

    Liz

Questions
Recent Comments
  • Comment on MyrnaMinkoff's answer…
    Memstad2011_copy_small

    Yeah, my gut is saying "wait it out" on this one. A lot of people want to change. Some actually can and do change. Only time will tell you if your husband has changed.

  • Comment on O my captain's answer…
    N815394_32920449_260_small

    You're welcome :)

  • Comment on ashleighLee's answer…
    Davidclose2_small

    Agreed. It's not a hard/fast rule, but it's a telling litmus test.

  • Comment on Liz Markey, LMHC, CMHS's answer…
    Medium_2868373187_b2c11c89cf_o_small

    Wasn't me. I like when people encourage me...I mean, respond to me. : )

  • Comment on Liz Markey, LMHC, CMHS's answer…
    Veronica-lake-by-rosejuvenal_small

    Look, I totally agree with you (I thought your answer was the best), but your reaction was so scathing it struck me as funny. Not sure why my comment got voted down, since I was laughing when I wrote it...maybe I need to use more emoticons ;)

  • Comment on O my captain's answer…
    Spaceship_small

    Thank you.

  • Comment on Carol Poole, LMHC's answer…
    Photo_on_2011-01-24_at_10

    That's great! I'm glad to hear you worked it out so well!

  • Comment on Liz Markey, LMHC, CMHS's answer…
    Medium_2868373187_b2c11c89cf_o_small

    In all seriousness, I understand this woman is here out of the kindness of her heart, doing good things for people, trying to help the community, all that stuff. I respect that.

    I just think this form of communication is ridiculous and out of touch with a lot of people that are looking for help/answers/whatever. Sometimes people can get so touchy-feely that they lose touch with reality and can no longer have meaningful conversations with real people.

    Sometimes, a question is just a question. Sometimes an answer doesn't need to be an exploration of the ultimate meaning of everything everywhere as seen by your deep inner soul animal.

  • Comment on Liz Markey, LMHC, CMHS's answer…
    Veronica-lake-by-rosejuvenal_small

    Oh god, Basil, you're Minchin-ing. I don't mean to encourage you, but if you threw a few rhymes in there...

  • Comment on Liz Markey, LMHC, CMHS's answer…
    Medium_2868373187_b2c11c89cf_o_small

    But what are you REALLY trying to say here Irena?

    Does your comment about me being a house guest represent your long repressed feelings of sadness for your family? Are you perhaps navigating a tricky part of your communication style that reveals your message within a message?

    I would encourage you to stop and think deeply about whether or not you really think you want to potentially comment about the possibility of me being a house guest, before you actually imagine me as being a house guest.

    Either way, I really encourage you to do whatever it is you were going to do anyway, because when people ask you for advice the best thing you can possibly give them is long-winded bullshit answers that seem spewed from a self-help pamphlet written by a marketing team that was commissioned to write the most generic crap answers to basic questions.

    I hope that adds clarification.

    Not that you asked for clarification, since you clearly understood what was said - but I am incapable at laughing at myself or being self-aware enough to recognize that I clearly live in a bubble of nonsense that nobody ever calls me on because they are too "nice" or too far down the rabbit-hole of bullshit - and so I have no other way to respond than to repeat myself as if you were asking for "clarification" when in fact you were just insulting me because this is the internet and that is what we do here.

  • Comment on Liz Markey, LMHC, CMHS's answer…
    Veronica-lake-by-rosejuvenal_small

    Basil, you must be really fun to have at the table when there are house guests over.

  • Comment on Carol Poole, LMHC's answer…
    Avatar_default

    Thanks Carol - we've actually had a really great talk since I posted this question and I aired some of my feelings and he was really receptive. If anything, just feeling heard and not making him defensive was huge for me. As always, being direct made all the difference.

  • Comment on pickled ginger's answer…
    Liz_stranger_small

    Nice response. I like all of your considerations.

  • Comment on Amy W.'s answer…
    Medium_2868373187_b2c11c89cf_o_small

    As someone who was also raised in this kind of situation, I can echo this post. It took me a long time in my life to understand and deal with the trauma of that kind of childhood.

    Don't subject your kids to any more of this than they already have been.

  • Comment on Lisa Gilmore's answer…
    Avatar_default

    Thank you again. I've been researching on my own and specifically the Meretricious Relationship of Long & Fregeau, 2010 Westlaw 5071860 which lists the same criteria. The Appeals Court referred to it as an "Equity Relationship" because of the "'negative and derogatory connotations' attached to the term "meretricious." A very interesting case nonetheless from Dec 2010.

  • Comment on Lisa Gilmore's answer…
    Lisa-gilmore-color-low-res_small

    There is no exact definition of CIR, but WA case law (which previously called CIRs "meretricious relationships") lists several "non-exclusive" factors. In Connell v. Francisco, 127 Wash.2d 339, 346, 898 P.2d 831 (1995), the court stated that “[a] meretricious relationship is a stable, marital-like relationship where both parties cohabit with knowledge that a lawful marriage between them does not exist.” The case also listed non-exclusive factors including: “continuous cohabitation, duration of the relationship, purpose of the relationship, pooling of resources and services for joint projects, and the intent of the parties.”

    There is no federal definition that I am aware of.

  • Comment on Lisa Gilmore's answer…
    Avatar_default

    P.S. He started his current job and 401k shortly after we began dating. We began living together officially about 6 months after dating and joint finances began about another 6 months after that which coincided with plans to purchase a house together. He did not have a 401k when we started dating as he had cashed it out to start a previous business that ended about the time we began dating.

  • Comment on Lisa Gilmore's answer…
    Avatar_default

    Thanks for the answers. A follow-up question though...

    We didn't register with the state, but I believe that we would easily qualify as a CIR (i.e., 9+ years we co-habitated, were intimate, shared domicile as well as finances/assets including a business venture). Is there a place I can look for a definition, both state and federal? And how much ambiguity is there in the law? Is it up to the opinion of a judge to determine whether there is a valid CIR definition?

  • Comment on Lisa Gilmore's answer…
    Derek-headshot1_small

    Great answer Lisa. I would add that any portion of the 401(k) that was earned prior to the relationship would likely be considered the partner's seperate property. He would likely keep all of that portion.

    The court would likely divide the community portion of the 401(k) "equitably" (not necessarily 50/50) using the same criteria as for a Dissolution of Marriage.

  • Comment on O my captain's answer…
    N815394_32920449_260_small

    http://www.wisegeek.com/what-is-a-sim-card.htm

    Subscriber Identity Module.
    Basically it's a memory card.

  • Comment on Liz Markey, LMHC, CMHS's answer…
    Liz_stranger_small

    Basil,

    I can see why my response may read as vague. Essentially, I was asking the asker to consider 2 things: 1. Does she really want the SIM card itself back or, 2.) Does asking for the SIM card carve a pathway for her to reopen communication with him. In other words, Is there unfinished business?

    People tend to strategize their communication more when they have once been in a relationship with someone. Perhaps the asker just truly wants her card back. I wanted to consider both the conscious and (possibly) unconscious nature of her hope to reobtain the card. And my advice... was for self reflection before action if that felt like it fit for her. Oftentimes, people run to a solution when there is opportunity for new insight.

    Hopefully this adds clarification.

  • Comment on Liz Markey, LMHC, CMHS's answer…
    Medium_2868373187_b2c11c89cf_o_small

    Wow.

    That has to be the most bullshit way I have ever seen someone give absolutely no advice at all.

    Impressive!

  • Comment on Tim Anderson MDiv's answer…
    Avatar_default

    This is some real bullshit: "Are you fishing for ten's when you're a seven?"

    First of all, plural nouns are not possessive, and second, seriously, one person's ten is another person's seven. That's lame advice and it feeds into the bullshit American beauty wack status quo.

    But just breathe through it, right, dawg?