Washington is a “no-fault” divorce state. This includes real estate, spouse’s earnings, pension benefits and 401(k) contributions. Separate Property in Washington One spouse’s separate property includes assets or debts that the spouse accumulated before the marriage, acquired by gift or inheritance during the marriage, or is property covered by a prenuptial agreement . Are contributions to education considered in the state of Washington? A marriage is irretrievably broken when it can no longer be saved, or when both parties in the marriage agree that the marriage is over. Major assets can complicate the property division process. There are some exceptions regarding separate property. Toll Free: (866) 631-0028 If you’d rather read than watch the video, scroll down. Judges in Washington will not award maintenance in the case of a dissolution of a committed intimate relationship. Property division may be agreed upon between the soupses through a property settlement, or it may be decided in court during the judicial process of divorce. In Washington, a legal separation is essentially the same as a divorce. This page summarizes the most important aspects of property division laws in Washington. A word of warning: if you’re going to serve someone through trickery, do NOT impersonate a police officer or a fireman. Washington state is a community property state, meaning that property and debts acquired during the marriage shall be split equally unless the parties reach an agreement independent of … You can essentially get divorced in Washington almost immediately, without having to wait for the 90-day cooling-off period. Washington has a list of factors set by statute that specify what the court will use to determine a fair property division. The spouse seeking reimbursement has the burden of proving the nature and the extent of assets that have allegedly been wasted or dissipated. Surprising law number four: evading Service of Process isn’t against any rules or laws. Assets and debts are shared in our state because Washington is considered a “community property state.” Making sure your assets and debts are distributed fairly can hinge on the quality of your legal counsel, so choose your attorney wisely. Washington is a community property state, which means that virtually all assets and debt acquired during the duration of a marriage are considered marital property, and are thus divided equally between the spouses in the event of a divorce. This article explains the basics of how Washington courts typically divide property (assets) and liabilities (debts) in a divorce. I am not working. All rights reserved. For readers wanting more in-depth information, we encourage you visit the 'resources' section of our law firm's website. Hiding marital assets during your divorce is against the law. A property division order is a binding legal obligation, and failure to comply with the terms in full by either spouse can result in being charged with contempt of court. Generally, all property (house, other real estate, car) either spouse gets during the marriage is community property. But in most other respects a divorce and a legal separation are the same: the same substantive laws, the same procedures, the very same kind of trial at the end of the case, and the very same kinds of documents and relief. 26.09.290: Final decree of dissolution nunc pro tunc. Genesis Law Firm, PLLC An experienced divorce attorney will know what to look for in spotting patterns suggesting asset concealment and … MaritalLaws is a free public resource site, and is not affiliated with the United States government or any Government agency. Of those who committed a financ Adultery CAN be relevant in a divorce case, but rarely. Washington has what’s called a 90-day cooling-off period to make sure the parties truly want to be done with each other. People hiding assets in a divorce is a real and pervasive problem, but those who do it can only get away with it if their spouse stays in the dark. Many litigants who don’t have an experienced attorney get caught off-guard by this. Oregon is a no-fault divorce state, so who caused a split doesn’t play a role in how assets are split. Washington is a community property state. We value your feedback! Each spouse’s earnings during the marriage is community property. CODE ANN.§ 26.09.080. 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