If you and your partner have a child together, or were in a committed intimate relationship, both parenting and financial issues can be addressed through either a negotiated agreement or through the courts. If you have a child but or no longer living together, you can obtain a parenting plan and set child support for […]
How Does a Court Divide Property and Debt?
A Washington court is required to divide property and debt in a manner that is “just and equitable.” There is no formula for that decision, and a Washington judge has wide leeway to decide what is just and equitable. In doing so, the court is required to consider all relevant factors, including whether property is […]
How Much Support Can I Receive from My Spouse or the Child’s Parent?
There is no formula in Washington State to determine spousal maintenance (alimony). While there is a worksheet in Washington State for determining a presumed amount of child support, that worksheet has limitations and a different amount of child support (referred to as a “deviation”) is common. The purpose of all support is to ensure that […]
What Is the Difference Between Legal Separation and Divorce?
The primary difference is that you can remarry following a divorce, but you cannot remarry after a legal separation because you remain legally married. Procedurally, all of the same issues have to be addressed, whether you obtain in a legal separation or a divorce, including how property and debts will be allocated, how you will […]
What is Divorce Mediation?
In divorce mediation, you and your spouse work with a neutral mediator to reach agreements. It is a way to make the important decisions about your future yourselves instead of having a judge make those decisions for you. The mediator does not make the decisions. Instead, the mediator keeps your conversations on track and helps […]
What is Collaborative Divorce?
Collaborative Divorce is a dispute resolution process, recognized in Washington law, to help you and your spouse reach an agreement in your divorce. Collaborative Divorce can be appropriate when you and your spouse desire to reach an agreement and you need professional support to help you get there. In the process, each of you hires […]
How Do We Deal with RSUs and Stock Options in Our Divorce?
Vested and unvested restricted stock units and stock options have to be addressed in the divorce documents in Washington State. If not specifically listed in the documents, then they are considered unallocated property and both of you have legal rights to those items. Typically, restricted stock units and stock options vest over time according to […]
Our Divorce Paperwork Does Not Discuss My Spouse’s Pension. Now What?
If your paperwork does not address the spouse’s pension then it is considered to be undivided property in Washington State and both of you still have legal rights to that pension. The exact parameters of legal rights in undivided property are not formulaic, so they remain undefined until later addressed. This can occur either in […]
Does my premarital and inherited property automatically go to me when I get divorced in Washington?
In one word: No. Property acquired before marriage, or that is received from inheritance or gift, is characterized as “separate property,” but that character does not make that property untouchable in divorce. Similarly, while Washington is a community property state (community property is what you or your spouse acquired during marriage from labor), the court […]
Does Our Community Property Get Divided 50 50 in Washington?
Unlike most other community property states, in Washington there is no presumption that community property will be divided equally. Instead, Washington law says that on divorce or separation a court is to divide property in a just and equitable manner. A just an equitable manner may be 50-50 but it may be very different from 50-50. […]