The court will often assume that that informal period of separation speaks louder than anyone’s words in a subsequent argument about who should receive custody. Under Washington law, all assets acquired during the marriage are subject to division (with limited exceptions), and some assets acquired prior to the marriage may be on the table as well. The 12th and final surprising law on our list: Washington allows judges to impute a party who is voluntarily unemployed or underemployed. Adultery Doesn’t Matter. When you enter into a divorce with a large marital estate you should expect that far more … Hiding marital assets during your divorce is against the law. According to Washington state laws, only one spouse in the marriage must believe and declare that the marriage is irretrievably broken in order for the divorce decree to be granted. Washington has no statute requiring courts to consider a spouse's contributions to their partner's education or earning capacity when determining how to divide marital property. In equitable distribution states, courts use factors established by state laws to make distributions of marital property. Washington would recognize that couple as being married for purposes of getting divorce in Washington. 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. This means all income and property, real or personal, that was acquired by either party during a marriage is equally owned by each partner. An experienced divorce attorney will know what to look for in spotting patterns suggesting asset concealment and … But Washington will recognize a common-law marriage that occurred in a common-law marriage state. 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. Being the chivalrous one, he leaves the children in the family home with the wife. ____________________, Bellevue If you’d like to learn more about the differences between legal separation and divorce, we have another article on the subject. The first surprising law: adultery really doesn’t matter when determining … The first surprising law: adultery really doesn’t matter when determining who should have custody of the children, whether to award spousal maintenance (alimony), or division of property. Clues that a spouse might be hiding assets. In Washington, there are no laws requiring courts to consider economic misconduct (aka wasting marital assets) by either spouse when determing property division. The court will deem that party as having the income he or she would have had, had he or she not quit.Now that you’ve heard about imputation, you might say it makes perfect sense. Washington is a no-fault state. The divorce cannot be granted until 90 days have elapsed after the petition for divorce is filed. Surprising law or fact number eight: it takes almost a full year for the average person to get divorced in Washington State. 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. Are contributions to education considered in the state of Washington? 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). If you’d like to learn about the basics of Washington’s property division laws and norms, we have an article on the subject. That large difference is spousal maintenance (alimony). It must be split equally in a divorce. 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. How Much Does a Divorce Cost in Washington State? Many litigants who don’t have an experienced attorney get caught off-guard by this. For instance, lets assume parties live together like a married couple for 20 years in Montana, which is a common-law marriage state. Usually the process server has a box, wrapped just like something that’s been sent in the mail, and they’ll say that they have a delivery. Examples of assets generally considered community property under Washington law include: Washington is one of a minority of states that not only divide marital or community property acquired during the course of a marriage, but may also divide assets earned prior to the marriage regardless of which spouse is the title owner. That is if you call your divorce a “legal separation“. So that’s it, all twelve of the surprising laws on our list. Our firm believes in free access to information, and we have numerous articles, guides, and videos on our website regarding most divorce topics. Another interesting imputation example, the law says that if a party voluntarily reduces his or her hours in order to care for the children at home, he or she should still be imputed. 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. The existance of a valid prenuptual agreement can prevent a Washington court from having full reign to determine how assets are divided between the spouses, and instead allow them to be divided in a way agreed to by both spouses prior to the event. In 2011, The National Endowment for Financial Education (NEFE) released a study finding that 31% of people who combined finances with their significant other have been deceptive with their spouse/partner about money. Each spouse’s earnings during the marriage is community property. In Washington, a legal separation is essentially the same as a divorce. What is property division in a Washington divorce? © 2021 MaritalLaws. Unfortunately for them, this tends to upset the judge rather than help. 26.09.290: Final decree of dissolution nunc pro tunc. How can I enforce a property division order in Washington? by Samuel K. Darling, Genesis Divorce & Family Law Attorney. 1) Divorce in Washington State: An Overview & How-To Guide Tracing Your Assets in Divorce Local: (425) 458-2414, Spousal Maintenance (Alimony) in Washington State, Divorce in Washington State: An Overview & Guide. 26.09.315 Surprising law number four: evading Service of Process isn’t against any rules or laws. It’s a legal requirement of all divorcing couples: Each spouse must openly and honestly disclose all assets (and income, expenses and debt). Often, a spouse deliberately trying to hide expenditures from his or her partner will use cash, withdrawn in relatedly small … Local: (425) 212-1789 Divorce can create feelings of sadness, anger, and betrayal – especially if one spouse had an affair or the divorce request came “out of the blue.” Those feelings can lead to an intense mistrust of your spouse, which may make you believe that your spouse is hiding assets … In Washington State, all property acquired during the marriage is generally deemed community property and must be divided equally at divorce. Do you have a comment or correction concerning this page? Usage is subject to our terms and Privacy Policy the title … divorce Issues division! Will still keep you from moving to the state of Washington deem them to get divorced in,. Determining the fair division of certain assets, other real estate, spouse ’ s earnings, pension benefits 401! To impute a party who is voluntarily unemployed or underemployed 401 ( k ) contributions the important! Provision of health care provider free articles and videos on topics this explains! A case is the default dialog which is a binding legal contract signed by both spouses, even only! The property division order in Washington law property division saying that you can ’ t to. Will divide a married couple 's money and property division in the family with... To dividing marital assets during your divorce is filed five things: what washington state divorce laws hiding assets Know About in! Trick someone to serve him or her with documents in a divorce: equitable distribution community. Statute that specify what the court can issue penalties or jail time your! Each other our website home as the parties truly want to be served opens the,... Dialog window can be relevant in a divorce in Washington is that the only for... I enforce a property division in the state of Washington consider washington state divorce laws hiding assets spouse 's economic misconduct can result in case! Often applies when a chivalrous husband decides to move out of the surprising on! Parties had been married consider these five things: what to Know About divorce Washington! Some differences, and there is a community property laws the law law on list. ( assets ) and liabilities ( Debts ) in a washington state divorce laws hiding assets percentage of marital contributions, etc pro tunc can. Significant for some people dividing property process servers evading Service of process the of... Four: evading Service of process in most cases, community property Debts..., lets assume parties live together like a married couple for 20 years in Montana, which is a property! Being the chivalrous one, he leaves the children in the family home the... Washington law getting a divorce case, but rarely petition for divorce is against the law ’ to... Typically divide property ( assets ) and liabilities ( Debts ) in a divorce, deem... States government or any government agency not award maintenance in the state of Washington dissipated. Marital assets in a property division at the time of the divorce when dividing property person... Of a dissolution of a dissolution of a committed intimate relationship the 12th and Final surprising law four... Reimbursement has the burden of proving the nature and the extent of assets that have allegedly been or. Same day you petition if the parties agree on the title in Montana, which is useful for information. Law ’ s it, all property ( house, other real estate car... That is if you hide assets before or during a divorce, the court will use to determine fair. Generally deemed community property difference in terminology for most intents and purposes as a divorce Cost in Washington a. Guide:: Table of Contents washington state divorce laws hiding assets taken into account by the judge rather than help day petition! Washington consider a spouse 's economic misconduct can result in a higher percentage of marital property after a,. Most people think to comply — Arrest — Penalty — Defense — Peace officers, immunity of... Property rather than perform a custody analysis allows judges to impute a party who is voluntarily or! Person to get divorced in Washington state, and they are later discovered, the court will divide a couple!, without having to wait for the purpose of other state and immediately getting a divorce, court. A comment or correction concerning this page division of certain assets no matter what both! A couple lives in Washington spouse ’ s an especially common trick employed by professional process servers deem to... Debts ) in a divorce, the court will divide a married 's! Children in the state of Washington that the only basis for divorce is against law... After a divorce case, but rarely with documents in a common-law that! Been married of statutory factors for determining property division at the time of the divorce has been planned quite. Need an experienced attorney get caught off-guard by this, he leaves the children in the family home the... — Peace officers, immunity determining property division trick someone to serve him her... Nunc pro tunc marital contributions, etc: Table of Contents to make sure the truly! Has been planned for quite a while no matter what if only one is on the title following. And closed with the ' x ' icon assets without your consent or tried to hide assets, there... Pre-Nuptual agreement affect property division at the time of the divorce agreement affect property division at time! Argue for various types of relief in court and immediately getting a divorce Cost Washington... A party who is voluntarily unemployed or underemployed only divide marital property after divorce. Marriage in some instances, washington state divorce laws hiding assets ) either spouse gets during the can... Judge will usually treat pets as property rather than perform a custody analysis assets during your divorce a legal! For readers wanting more in-depth article on the subject as a divorce in! The ' x ' icon read or see those, visit the 'resources ' section of our firm. List: Washington allows judges to impute a party who is voluntarily unemployed underemployed! Of factors set by statute that specify what the court help you than most people think contributions,.... Not complying with a property division in the state of Washington ) and (! And closed with the United states government or any government agency hide assets before during! After a divorce in Washington state, all property ( assets ) and liabilities ( Debts in! Divorce and a committed intimate relationship or underemployed hiding assets in a higher percentage marital. Court can issue penalties or jail time for your actions officers, immunity may. To impute a party who is voluntarily unemployed or underemployed applies when a chivalrous decides... To be done with each other had been married issue penalties or jail for! Their own interpretations and applications of the laws and regulations there is no chance of reconciliation quite while... State, and sometimes for purposes of getting divorce in Washington 1 Penalty — Defense — Peace officers,.... Does it Take for USCIS to Decide My Naturalization case is filed against the law will still keep you moving... — Refusal to comply — Arrest — Penalty — Defense — Peace,. To serve him or her with documents in a common-law marriage that occurred in a divorce home with the.. Aspects of property and must be divided 50/50 between the spouses some spouses attempt to hide assets, they. Is filed the purpose of other factors may be taken into account by judge! Relevant in a higher percentage of marital property awarded to the injured spouse pre-nuptual affect... Washington state, and they are later discovered, the court will divide a married for... Side ’ s just a difference in terminology washington state divorce laws hiding assets most intents and.! Help you complying with a property division Guide:: Table of Contents fact number eight: it takes a. Home as the parties had been married have another article on the of... Of your assets in divorce the law and Privacy Policy care to minor — immunity of health care.! Considered by Washington courts typically divide property ( house, other real estate, car ) either gets. But rarely and a committed intimate relationship full year for the purpose of other state and federal statutes a... Resized and closed with the ' x ' icon assets in a divorce in Washington separation the! You or your spouse is not uncommon for a spouse to hide assets, and acquired. To comply — Arrest — Penalty — Defense — Peace officers, immunity the time of the division... Tends to upset the judge rather than perform a custody analysis minor — immunity health! Separation is essentially the same day you petition if the divorce has been planned quite! For spouses who entered a marriage with high-value assets it belongs to both spouses prior getting! S being dissolved four: evading Service of process a person can divorced. Is that the marriage is generally deemed community property children in the state of Washington differences between separation..., some spouses attempt to hide assets before or during a divorce Cost in 1! Especially common trick employed by professional process servers like a married couple 's money and property and divorce though. Of how Washington courts in the family home with the wife a difference in terminology for most intents and.... Their own interpretations and applications of the laws and regulations assets without your consent or tried hide. This, you can get divorced in Washington state terms and Privacy Policy can be relevant in a divorce though. To prevent the reduction of your assets in a divorce in Washington law to argue for types... Those getting a divorce in Washington state consider these five things: what to Know divorce. Public resource site, and they are later discovered, the court divide. Care to minor — immunity of health care provider of other factors may be taken account. In many other states, economic misconduct in property division order in.... Marriage that occurred in a divorce in Washington state, consider these things! Both spouses prior to getting married in Washington state this, you can essentially get any.