Divorce Lawyer in Washington
The rate of divorce has increased over the years, and much of it has to do with social acceptance of it. Social acceptance, however, does not make the dissolution of a marriage in King County any easier. When a marriage ends, you have decisions you need to make that will affect your future and the future of any children you may share with your ex-spouse. Getting the right information can help you make informed decisions.
At Anchorpoint Family Law Group, our divorce lawyer knows you have questions. We help you understand your rights and responsibilities during this particularly difficult time. You do not have to endure a divorce alone. Get answers to your questions today and contact us online or at (206) 589-8181 to schedule a Consultation.
Uncontested and Contested King County Divorces
The divorce process is dependent in part on whether it's contested or not. Uncontested divorces can move along rather quickly when the divorcing couple agrees on property division, spousal support, child custody, and child support. When one spouse challenges any of these matters, the divorce becomes contested.
The process will proceed to trial unless the soon-to-be ex-spouses can come to an agreement. With the exception of cases involving a finding of domestic violence, mediation or another alternative dispute resolution process is mandated in most cases in the State of Washington.
Common Grounds for Divorce
In Washington, you do not have to show fault in order to get a divorce. It only takes one party to initiate the process. When a marriage is deemed no-fault, the usual basis claimed is that the marriage is irretrievably broken or the spouses claim there are irreconcilable differences. An irretrievably broken marriage simply means the couple is unable or refuses to cohabit, and no prospects for reconciliation exist.
In Washington State, there is a minimum 90-day waiting period in which to finalize a divorce proceeding.
Property Division
Property division is a key part of any divorce and involves marital property. Marital property is property acquired or obtained during the marriage as opposed to separate property that the spouse had prior to the marriage.
Types of marital property include:
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Real estate
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Bank accounts
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Investment property
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Vehicles, boats
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Furniture
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Artwork
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Pensions
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Securities
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Retirement accounts
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Debt
- Employment benefits/compensation
There are two ways this property is split:
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Community property where assets are split 50-50; and
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Equitable distribution where assets are divided fairly and not necessarily equally.
Spousal Maintenance/Support in Washington
Spousal maintenance or support, also commonly referred to as alimony, is not awarded as often as it was in the past. Its purpose is to make sure the divorce does not result in an unfair economic situation for the dependent spouse. The couple can agree to alimony or the court can order it. Decisions about alimony are made based on many factors, but the more common factors under the laws of the State of Washington include:
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The financial resources of the party seeking maintenance, including separate or community property apportioned to him or her, and his or her ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;
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The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances;
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The standard of living established during the marriage or domestic partnership;
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The duration of the marriage or domestic partnership;
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The age, physical and emotional condition, and financial obligations of the spouse or domestic partner seeking maintenance; and
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The ability of the spouse or domestic partner from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse or domestic partner seeking maintenance.
Child Custody in Washington
Child custody is one of the most contentious areas of a divorce. It's highly emotional and can cause serious bitterness. Courts prefer both parents partaking in a child's life and, as such, accommodate joint custody, which includes physical and legal custody. In some situations, one parent may have sole custody while the other may have visitation rights. Courts determine child custody based on what is in the child's best interest.
Child Support in Washington
Both parents are required to provide financial support for their children. When a parent has primary custody and the financial circumstances require it, the court may order child support. Most courts will use a child support calculator to help determine the amount.
Contact a Divorce Attorney in Washington Today
There's a lot to consider when you are going through a divorce. The decisions made during this time will impact you and your family's life for quite a while. It's important to get guidance from a family law attorney who will advocate for you and your family. Contact us online or call us directly at (206) 589-8181 to schedule a Consultation.