Genesis Law Firm, PLLC 1) Divorce in Washington State: An Overview & How-To Guide 26.09.310: Provision of health care to minor — Immunity of health care provider. The dialog window can be moved, resized and closed with the 'x' icon. Washington is a community property state. In most cases, community property will be divided 50/50 between the spouses. If you’d rather read than watch the video, scroll down. Note: State laws are constantly changing and divorces can be very complicated, especially where there are large assets to be divided, and custody of children is a factor. The first surprising law: adultery really doesn’t matter when determining … Washington is not a common law marriage state. The spouse seeking reimbursement has the burden of proving the nature and the extent of assets that have allegedly been wasted or dissipated. ____________________, Bellevue View Sitemap. Washington will allow them to dissolve the relationship and divide their property almost as if the parties had been married. In many other states, economic misconduct can result in a higher percentage of marital property awarded to the injured spouse. The 12th and final surprising law on our list: Washington allows judges to impute a party who is voluntarily unemployed or underemployed. Unreported income and hidden assets are often alleged in divorce proceedings, usually by the spouse who is either not running a business or has not been in charge of the family finances. Let us know in a single click. For 2018, residents don’t have to file a state estate tax return if the value of their estate is less than the tax exempt amount of $2,193,000, according to Washington inheritance laws. Washington is a community property state. The exception is an argument for “waste”, when one of the parties spent large amounts of money on an affair and the innocent party seeks reimbursement for half of the wasteful spending. There you will find numerous free articles and videos on topics this article only briefly touches upon. If the parties informally separate before receiving a court-ordered parenting plan, whoever had the children most during the informal separation will almost certainly win custody. For instance, lets assume parties live together like a married couple for 20 years in Montana, which is a common-law marriage state. 3) How Long Does It Take for USCIS to Decide My Naturalization Case? We value your feedback! Admittedly, there are some differences, and some of those differences can be significant for some people. They will go to the location of the person who is to be served and pretend to be delivering a parcel, maybe for Amazon or some other delivery service. Washington is a no-fault divorce state. Wages and income earned by either spouse during the marriage, Investment income earned during the marriage, Houses, furniture, cars, etc purchased during the marriage, Debt acquired during the marriage (like a mortgage, car loan, etc). But there are some very surprising ways courts have applied this doctrine. We also have a much more in-depth article on the specifics of Washington’s community property laws. If you’d like to learn more about the differences between legal separation and divorce, we have another article on the subject. However, divorcing spouses in all states can use powerful legal tools, called “discovery,” to help them find hidden income and other assets (discovery is explained in detail below). That large difference is spousal maintenance (alimony). An experienced divorce attorney will know what to look for in spotting patterns suggesting asset concealment and … A Washington property division order is a court order issued by a court order issued by a judge, describing how property is to be divided between spouses following a divorce. Is there a set list of statutory factors for determining property division in the state of Washington? Community property, on the other hand, is defined by RCW 26.16.030 as, “Property…acquired after marriage…” As such, if you are going through a divorce in Washington, separating commingled assets will be important in protecting your rights to your own property under Washington’s domestic relations laws. It may matter if your spouse wasted marital assets without your consent or tried to hide assets from the court. Reasons for Hiding Assets. Washington would recognize that couple as being married for purposes of getting divorce in Washington. Washington has a corollary to common-law marriage. 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