Washington State divorce law applies to numerous important issues that your attorney will help you navigate. Their role is to get you the best result they can by ascertaining your goals, consulting Washington’s divorce laws, negotiating with your ex-spouse and their attorney, or if necessary, taking your case to court.
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Just as it is with assets in a community property state, in Washington any debts acquired by one or the other spouse during a marriage belong equally to both spouses. Debts that are incurred after a marriage or separation, or before a marriage or separation, only belong to the spouse who incurred them.
As part of the divorce process in Washington, each spouse must disclose to the other the amount and type of assets they have. This is required so that there can be an equitable division of those assets as part of the final divorce decree. Each spouse must submit a series of documents under the penalty of perjury.
In Washington, when domestic violence is present in a divorce, it definitely has an impact on issues such as child custody and visitation, support and other related issues.
However, in Washington, a judge has discretion based on the length of a marriage and each spouse’s economic standing at the time of the divorce.
Washington is a 50/50 divorce state. This means that almost all property, assets, and debts acquired during a marriage are subject to division in a divorce—regardless of who secured them. However, it does not mean that everything will be divided in half between spouses.
If you are expecting a relatively simple and low-conflict divorce, it probably does not matter whether you or your spouse initially file for divorce. However, if you believe that your divorce may involve a contentious court case or custody battle, it could be slightly advantageous to file for divorce.
One Party's Separate Property. Courts usually award each spouse his or her separate property and divide community property 50/50. Consequently, if the house is entirely one spouse's separate property, he or she almost always receives it unless the parties agree otherwise.
A court in Washington State will usually a) award each party his or her own separate property and b) divide the net value of the parties' community property 50/50. This means the husband keeps what he brought to the marriage, the wife keeps what she brought, and the rest gets split between them equally.
As for spousal support, common-law couples are entitled to spousal support after having lived together for three years, or if they have a child together, as long as the relationship was of some permanence. Married spouses are presumed to be immediately entitled to spousal support, if one spouse has the need for it.
3 monthsGetting a divorce in Washington state can take anywhere between 3 and 12 months, depending on whether it is contested or uncontested. The average uncontested case takes 3 months. The average contested divorce takes approximately 6-12 months.
Under the law in most states, retirement plan assets earned during a marriage are considered to be marital property that can and should be divided. It's therefore advisable for couples to make these assets part of their property settlement agreement negotiations and their divorce decree.
Separate bank accounts are marital property if they are considered to be commingled. This means that if you or your spouse have depositing money into or used the funds from the account, it is considered to be commingled and must be equally split in a divorce.
Both spouses are allowed to live in the family home while they are separated, no matter who owns it. In theory, one spouse can't force the other out. A spouse who decides to leave can return whenever he or she wants to. It's better if the spouses can agree on who will stay in the home if they decide to separate.
Washington law requires courts to consider the requesting spouse's need for maintenance and the other spouse's ability to pay. Maintenance should be no more than the would-be-recipient needs, nor should it exceed the would-be-payor's ability to pay.
Some family law practitioners in Washington use a 4 to 1 ratio regarding alimony, i.e., for every 4 years of marriage, 1 year of spousal maintenance is appropriate assuming all of the other factors are present for an award. [1] Therefore, for a 20 year marriage, 5 years of spousal maintenance may be appropriate.
In Washington state, the cost of a divorce lawyer is between $250 and $285 per hour. Average divorce attorney prices are $10,500 to $12,000 for the whole marriage dissolution, but the mutual divorce cost will be significantly lower, averaging at around $5,000.
The key issues that are taken into consideration when determining spousal support include: 1 The length of the marriage. 2 The earning capacity of each spouse 3 The needs and standard of living of each spouse 4 Age and health of both spouses 5 Existing debts and assets 6 Child custody arrangements and whether or not the primary care spouse can hold a job while taking care of the children 7 Did one spouse help the other with education, career training or other ways to assist them in advancing their career
Child Custody in Washington. Washington calls the court orders regarding children in a divorce “parenting plans” or “residential schedules.”. The terms custody and visitation are not used. Either parent can petition the court to enter a parenting plan.
Pensions, IRAs, 401Ks and Retirement Plans. Pensions, IRAs, 401Ks and retirement plans are probably the biggest assets that a married couple will have if they have been contributing to them consistently and for a long period of time. Just like any other asset in a divorce in Washington, they are considered community property.
The other big stumbling block when it comes to dividing assets in Washington is when one spouse or the other claims that an asset is separate property instead of community property. This can lead to complicated disagreements.
Separate property is defined as an asset that was acquired before a couple was married or acquired after the date of separation. There can also be questions and challenges when one spouse receives an inheritance, which is considered separate property, but then proceeds to commingle it with community property assets.
Marriages or domestic partnerships in Washington can end through an annulment, legal separation or a divorce, also known as a dissolution of marriage. Washington is a no-fault state and one spouse or the other only needs to claim that a marriage is “irretrievably broken” to start the divorce process.
When one partner in a marriage files a petition for divorce, the other party must file a response with the court. This must happen within 20 days if a respondent lives in Washington. If the person lives outside of Washing, then the deadline is 60 days.
Temporary orders are a way for parties to ask the court for assistance while they wait for the final divorce order.
Divorce is a legal process that allows a judge to end a legal marriage. Every state creates its own rules regarding divorce, but overall, the process is similar in most states. The steps in Washington include:
Washington is a community property state, which means that any property or debt the couple acquired during the marriage, belongs equally to each spouse. If you can’t decide how to divvy up your belongings, the court will do it for you.
Unlike other states, which often require spouses to live in the jurisdiction for a specific amount of time, in Washington, either spouse need only demonstrate that they currently reside in the state and intend on staying there after the divorce.
Given that the average divorce takes about a year, parties often need or want temporary orders that stay in place until the process ends. These temporary orders can address countless topics. Typical ones include who gets to live in the home, a temporary parenting plan, temporary child support, appointing a Guardian ad Litem (see Practice Tip 2.1 below), temporary spousal maintenance, requiring a spouse to find work, and temporary attorney fees. Either party can file a motion for temporary orders at any time, but the petitioner commonly does it at the beginning of the case. The first person to file the motion for temporary orders gains a procedural advantage over the party responding to the motion, so many petitioners take the first opportunity.
The process begins by one party filing a divorce petition. The petition is the document that says the petitioner wants a divorce. Most petitions are basic documents putting the other side on notice of the case. The petition is filed with the court along with supporting documents and served upon the other spouse, called the respondent.
Default, in turn, means the respondent cannot participate in the case. Failing to Respond to the Divorce Petition Within 20 Days Often Results in the Respondent Losing by Default. Shortly after the time of petition, local rules might require parents to take a class, such as 4 Kids’ Sake.
The court will usually adopt the GAL’s recommendations as a modified temporary parenting plan if a party files a motion for it. During this stage a party might also elect to file a motion to enforce an order if the other party has failed to take required action (s).
Parties Often File for Temporary Orders in an Effort to Keep the Peace While the Divorce Proceeds.
Discovery is the process of obtaining information and documents relevant to the divorce. Washington divorce litigants have many discovery devices at their disposal, meaning ways of getting information. The most common is a thick packet of requests called interrogatories and requests for production.
Facilitators are available in the courthouse and charge $10 per session. Sign up as soon as the case begins but not before. You might not receive credit for taking the class if you do it too soon. Make a copy of the certificate of attendance, and file it with the court clerk’s office for the county of your divorce.