Recent Posts in the Divorce Category

  • Disproportionate Award of Assets in a Divorce

    Disproportionate Award of Assets in a Divorce Divorce is a complex emotional and financial undertaking. One of the most contested aspects of divorce settlements involves dividing marital assets. While a 50/50 split might seem fair on the surface, there are situations where a judge may award assets disproportionately to one spouse. What Is a Disproportionate Asset Division? Washington state is a community property state, which divides marital assets equitably between the parties. Equitable does not necessarily mean an equal, or 50/50 division. In some cases, the court ...
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  • Expert Witnesses & Their Use in Divorce Cases

    Expert Witnesses & Their Use in Divorce Cases How Are Expert Witnesses Utilized in a Divorce? Divorce proceedings do not always involve a straightforward division of assets and parenting schedules. In many cases, complexities arise that necessitate the expertise of qualified professionals (i.e. expert witnesses). Expert witnesses are individuals who possess specialized knowledge and experience in a particular field. They leverage this expertise to advise the court on specific aspects of the divorce settlement. Their involvement can be crucial in achieving a fair and ...
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  • What Are the Advantages of Arbitration in Family Law Matters?

    What Are the Advantages of Arbitration in Family Law Matters? Understanding Arbitration Arbitration is a private, contractual method of dispute resolution where the parties involved agree to submit their disagreements to a neutral third party, known as an arbitrator. Unlike courtroom litigation, arbitration proceedings are usually less formal and allow for a greater degree of flexibility in terms of scheduling. The arbitrator, who is often an experienced family law attorney or retired judge, listens to each party's argument, reviews the evidence presented, and then makes a binding ...
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  • Who Gets the Engagement Ring in a Washington State Divorce?

    Who Gets the Engagement Ring in a Washington State Divorce? Understanding Community Property Laws Washington adheres to the community property doctrine, meaning most assets and debts acquired during the marriage are considered jointly owned by both spouses. This applies to income, property acquired with marital funds, and even appreciation in value of separate property during the marriage. However, there are exceptions for certain types of property, including separate property. Conditional gifts can qualify as separate property under Washington law. These are gifts given to one ...
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  • The Potential Challenges in an LGBTQ Divorce

    The Potential Challenges in an LGBTQ Divorce The fight for marriage equality was a hard-won victory for the LGBTQ+ community. However, the legal landscape surrounding divorce for same-sex couples can still be a minefield. While the core issues of emotional turmoil and financial disentanglement remain similar to opposite-sex divorces, LGBTQ+ couples face unique challenges during the divorce process. In this blog, we will discuss those specific challenges in further detail. Child Custody & Same-Sex Divorce Same-sex couples have many options and possibilities when it ...
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  • What To Do If You Suspect Your Spouse Is Hiding Assets

    What To Do If You Suspect Your Spouse Is Hiding Assets Financial dishonesty within marriages is not a rarity. Indeed, the National Endowment for Financial Education reports that approximately 43% of adults have admitted to financial infidelity, which involves a party in a relationship intentionally deceiving their partner about money. This can include hiding debts, making major purchases without discussing them, or even having secret bank accounts. Even if a spouse does not breach trust and lie about their assets or debts in a marriage, they may do so during their divorce, which ...
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  • Why Consider Divorce Mediation?

    Why Consider Divorce Mediation? Divorce is a complex and emotionally charged process. However, for divorcing couples seeking an amicable and cost-effective resolution, divorce mediation offers a compelling alternative to traditional litigation. A neutral third party, the mediator, facilitates communication and guides couples in working towards mutually agreeable settlements on key issues such as child custody, spousal support, and asset division. Is Mediation Required for Divorce in Washington State? While state law does not require couples to attend ...
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  • How Divorce Can Affect Your Retirement

    How Divorce Can Affect Your Retirement Divorce doesn't merely alter your current life circumstances; it can also significantly reshape your long-term financial outlook, especially when it comes to retirement savings. In Washington state, this is primarily due to the community property laws that mandate an equal division of marital assets, including retirement accounts such as IRAs, Roth IRAs, 401K and 403K plans, employee stock options, and Employee Retirement Income Security Act (ERISA) funds. Understanding the Division of Retirement Plans 401(k) plans and ...
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