When clients seek a divorce in Washington, they’re usually unfamiliar with aspects of the state’s divorce laws. While many believe they’ll automatically have to pay spousal support or get a better deal in court because of the other spouse’s infidelity, the reality is quite different. Below are several facets of Washington divorce law to consider.
Community Property
Like many other states, Washington follows community property laws. This means all assets and debts acquired during the marriage will be equitably divided. Property subject to equitable distribution includes the marital home, money, business interests, tax refunds, retirement plans, insurance policies, valuable furnishings, credit cards, and more. Consult a Family Lawyer in Gig Harbor Wa to learn how the state’s community property laws affect a particular case.
Marital Misbehavior Isn’t a Factor
Many erroneously believe they’ll receive primary custody of the children or a larger share of marital assets if they were cheated on during the marriage. However, this simply isn’t true. Washington’s courts don’t consider marital misbehavior during property division and child custody matters.
Not All Divorce Cases Involve Spousal Support
Alimony is provided based on the court’s discretion or the spouses’ agreement. Courts consider several factors, such as the marriage’s length, each spouse’s earning capacity and health, and much more.
Unemployed Parents May Have to Pay Child Support
Where child support is concerned, a parent who is under- or unemployed may have to pay based on the amount the court believes they can earn. If Washington’s courts find that a parent is intentionally remaining unemployed to skirt the child support law, income imputation ensures they’re still held accountable for the children’s financial needs.
There’s a Waiting Period
As much as many wish it were the case, divorces do not happen overnight. In the state of Washington, the minimum waiting period is 90 days, with the clock starting when the dissolution petition is filed and served. In many cases, a divorce may take six months or more.
Washington’s divorce laws are quite complex, which is why it’s in a client’s best interest to consult a Family Lawyer in Gig Harbor Wa. The attorneys are knowledgeable in all areas of the state’s family laws, and they invite spouses to call to schedule a consultation.
