Divorce FAQ's
No. Washington is a “no fault” state. That means that either spouse can ask the court to grant a divorce without needing to assert any reason for the request. All it takes is for one spouse to believe that the marriage is irretrievably broken. It also means that the court does not want to hear about the other person lying or cheating. From the legal point of view, the focus of a divorce case is to divide up your things and provide for dependent children.
Not necessarily. All the property and debts of the spouses is to “come before the court” and then be divided fairly and equitably. “Come before the court” means you have to tell the court and your spouse about all your stuff and turn over copies of documentation, and they have to do the same.
Divided fairly and equitably means the whole estate gets divided. It is like dividing a whole pizza pie. The pie gets divided but not necessarily each individual slice. And, it is not always 50/50, sometimes it is 60/40 or somewhere in between. There are many factors that are to be taken into consideration like length of marriage, earning capacity, health, age, wealth, etc.
Everything earned during the time of marriage is community property. Both spouses own all community property and it does not matter whose name is on the property or who did the actual work to earn the income or property. Likewise, all debt and liability incurred during the time of marriage is community debt or liability and both spouses are responsible even if just one spouse did the spending.
Stuff that you owned before marriage and kept separate, gifts given to just one spouse at any time and kept separate, and inheritance received by just one spouse at any time and kept separate. But if you receive, say an inheritance, and put it into a joint account, that is NOT considered separate property.
Sometimes that period is considered to be a “Committed Intimate Relationship.” It is kind of like a common law marriage but not really because Washington state law does not recognize common law marriage. Recognition of a Committed Intimate Relationship is highly variable. Talk to an experienced family law attorney regarding what it takes to have your relationship recognized as a Committed Intimate Relationship.
Not necessarily. Most couples are able to reach a settlement before reaching the trial stage. If you and your spouse do not reach a settlement then you must finalize the divorce case with a trial. Divorce trials are heard only by judges, no jury is involved. The judge will hear testimony, consider the admitted evidence and make decisions for you.
While it is possible to handle a divorce without a lawyer, having legal representation can significantly reduce stress, avoid future legal battles, ensure your rights are protected, and save money in the long run. Divorce involves complex decisions regarding property division, child custody, spousal support, and more. Our award-winning team of Seattle divorce attorneys offers powerful legal representation if you and your spouse cannot reach an agreement on important issues.
In Washington, the divorce process can be intricate, and mistakes can have long-term consequences. At View Ridge Law, we can help you navigate these challenges, provide valuable advice, and advocate for your best interests. Contact us to schedule a consultation.
Whether or not you will have to pay alimony depends on several factors specific to your situation. In Washington, alimony (also known as spousal support) is determined based on factors like the length of the marriage, the financial needs of the spouse requesting support, their ability to support themselves, and the standard of living during the marriage.
The court will also consider the paying spouse's ability to provide support without sacrificing their own financial stability. Each case is unique, and View Ridge Law’s skilled team of attorneys will help you understand your potential obligations and ensure that your interests are protected.
The length of a divorce in Washington varies depending on the complexity of the case and whether both spouses can reach an agreement. An uncontested divorce, where both parties agree on key issues like property division and custody, may take as little as 3 to 6 months. However, if there are disagreements or complex issues involved, such as disputes over assets or child custody, the process can take longer - often 6 months to a year or more.
At View Ridge Law, our lawyers work diligently to ensure that your divorce proceeds as efficiently as possible while protecting your rights and interests. We can help you understand the timeline for your specific case and guide you every step of the way. Schedule a consultation now to discuss your unique situation.
In Washington, child support is determined based on the state’s Child Support Schedule. The primary goal of the child support system is to ensure that the child’s financial needs are met to cover costs like housing, food, healthcare, education, transportation, and basic needs.
Here’s an overview of how it works:
Income of Both Parents: The court will consider both parents' gross monthly income, including wages, benefits, bonuses, and other forms of income.
Custody Arrangements: The amount of time each parent spends with the child (also known as parenting time) plays a role in calculating support. The more time a parent spends with the child, the less support they may be required to pay.
Additional Expenses: The court also considers other expenses such as healthcare, daycare, and extracurricular activities.
Deviations: In some cases, the standard support amount may be adjusted, or a deviation may be requested if there are special circumstances such as significant medical needs or the child’s private school tuition.
Child support payments typically continue until the child reaches the age of 18 or graduates from high school, whichever is later. However, if the child has special needs or there are other circumstances, the support obligations may be extended.
To help you navigate child support calculations or determine an appropriate amount for your case, it’s highly recommended to work with an attorney who can ensure all factors are taken into account.
Divorce mediation is a process where a neutral third party, called a mediator, helps divorcing couples resolve their issues without going to court. In Washington, mediation is often used to address matters like child custody, property division, and spousal support. The mediator facilitates discussions, helps both parties express their needs, and works to find mutually agreeable solutions.
While the mediator does not make decisions for the couple, mediation is typically more cost-effective and less stressful than litigation, giving couples more control over their divorce outcomes. Although mediation is intended to be collaborative, it’s still recommended for each spouse to have an attorney to ensure their rights are protected, clarify legal obligations, advocate for their clients’ wishes, and review any proposed agreements before they’re finalized.
Once a parenting plan is established, it is possible to make changes if circumstances significantly change—such as a job relocation, changes in the child's needs, or other life events. To modify a parenting plan in Washington, you must file a request with the court, demonstrating that the change is in the best interest of the child. Both parents must agree to the modification in some cases, while in other situations, the court will make the final determination.
At View Ridge Law, we can help you navigate these challenges, provide valuable advice, and advocate for you and your children’s best interests. Contact us to schedule a consultation.
In Washington, a parenting plan outlines the living arrangements, decision-making responsibilities, and visitation schedule for children involved in a divorce. It’s required by law for all couples with children, and it aims to prioritize the child’s best interests. Your parenting plan will cover everything from daily care and education to holiday arrangements and major medical decisions. If you and your spouse cannot agree on the details, the court will step in and create one for you.
At View Ridge Law, we can help you create a fair and equitable parenting plan that keeps your children’s best interests at the center. Contact us to schedule a consultation.