what are the responsibilities of a divorce lawyer in a divorce washington state

by Miss Marina Johnson 6 min read

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.

Full Answer

Who is responsible for debt in a divorce in Washington State?

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.

How does the divorce process work in Washington State?

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.

How does domestic violence affect a divorce in Washington State?

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.

Does a judge have discretion in a Washington divorce case?

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.

What is a wife entitled to in a divorce in Washington State?

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.

Does it matter who files for divorce first in Washington State?

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.

Who gets the house in a divorce in Washington State?

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.

How are assets divided in divorce in Washington State?

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.

Does a husband have to support his wife during separation?

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.

How long does the average divorce take in Washington State?

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.

Can my wife take my retirement in a divorce?

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.

How are separate bank accounts handled in a divorce?

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.

Who gets to stay in the house during separation?

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.

Is spousal support mandatory in Washington state?

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.

How is alimony determined in WA?

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.

How much is a divorce lawyer in Washington State?

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.

How to determine spousal support?

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

What is child custody in Washington?

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.

What are the assets of a married couple?

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.

What is the biggest stumbling block when it comes to dividing assets in Washington?

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.

What is separate property?

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.

How does marriage end in Washington?

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.

How long does it take to file a divorce petition in Washington?

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.

What is temporary order in divorce?

Temporary orders are a way for parties to ask the court for assistance while they wait for the final divorce order.

What is divorce in Washington state?

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:

Is Washington a community property state?

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.

Do you have to live in Washington to file for divorce?

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.

How long does it take to get a temporary order for 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.

How does a divorce petition work?

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.

What does default mean in divorce?

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.

What is a modified temporary parenting plan?

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).

Why do people file temporary orders?

Parties Often File for Temporary Orders in an Effort to Keep the Peace While the Divorce Proceeds.

What is discovery in divorce?

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.

How much does a divorce facilitator cost?

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.

Beginner’s Guide to Washington Divorce Laws

Assets and Debts

  • Community Property in Washington
    Washington is a community property state. This means all income and property, real or personal, that was acquired by either party during a marriage is equally owned by each partner. It must be split equally in a divorce. There are some exceptions regarding separate property. For example, i…
  • Debts
    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 wh…
See more on survivedivorce.com

Spousal Support and Support

  • Spousal Support in Washington
    There are many factors that determine if, how much and how long one person will need to pay in spousal support to the other in a divorce. The key issues that are taken into consideration when determining spousal support include: 1. The length of the marriage. 2. The earning capacity of e…
  • Child Support in Washington
    In Washington, child support orders may be ordered for both parents, but it is the non-custodial parent who will actually end up paying support. This is because it is assumed that the custodial parent spends the required amount of support directly on the child. The state provides workshee…
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Custody and Visitation

  • 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. It will cover a custody and visitation schedule, how parents will work out …
  • Substance Abuse
    Although Washington is a no-fault state and you must only cite irreconcilable differences to move forward with a divorce, if substance abuse is present in a marriage, it can have an impact. If it can be proved that one spouse has a drug or alcohol problem, then it will have a negative impact on …
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Divorce Process

  • Bifurcation of Martial Status
    Bifurcation means that both parties in a divorce can legally declared as a single person while the other issues in their divorce are still being worked out. It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or b…
  • Disclosing Assets
    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 unde…
See more on survivedivorce.com

Other Divorce Issues

  • Domestic Violence
    Domestic violence can be a particularly ugly part of a divorce proceeding, and as such, law enforcement officials have strong safeguards in place when the appearance of domestic violence is present. Studies show that domestic violence is the largest single cause of injury to women i…
  • Health Insurance
    When you get a divorce in Washington and you are covered under a spouse’s healthcare plan, you will no longer be considered a dependent and you will need to seek healthcare coverage from somewhere else. If you have health insurance coverage through your employer, you may need t…
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