Even in the best of circumstances, divorce can be a difficult and lengthy process. You and your spouse must work together to separate your lives and determine what your family structure will look like after the divorce is finalized. Our Pierce County divorce attorney from Harbor Family Law can guide you through the process so you and your spouse can reach an agreement that you are both satisfied with.
For more than two decades, Harbor Family Law has been helping clients navigate the complexities of their divorces and ensuring they receive fair treatment. Our family law lawyers in Gig Harbor, WA work to simplify the process and reduce your stress throughout the divorce by advocating for you and handling negotiations between you and your spouse. You are our top priority, and we provide you with high-quality, compassionate, and trusted counsel and the service you need.
When to Consider Separation Before Divorce
Divorce results in a full dissolution of marriage. Because of the finality of this process, couples should thoroughly consider whether or not this is the right decision for them. If there is any uncertainty, possibility for reconciliation, or the desire to test the waters, then legal separation is an option to explore. This allows you and your spouse to lead individual lives but retain your legal status as a married couple.
It is important to be aware, though, that merely moving out does not constitute a separation. To be legally separated, you must still petition the court and work together to divide up assets and make decisions regarding custody and child support if children are involved. The court must also approve the separation agreement for your status to be officially recognized by the state. If, at a later date, you wish to pursue divorce, a legal separation can be changed after a minimum of six months.
Reason for Filing for Divorce in Pierce County, WA
Washington is a no-fault divorce state, which means that you do not have to demonstrate that your spouse engaged in adultery, cruelty, abandonment, or any other such behaviors.
The only reason you must provide for your divorce is that the state of the marriage and the relationship is irretrievably broken, according to RCW 26.09.030. This reason must be provided when you complete and file your divorce petition with the court.
An Overview of the Divorce Process in Washington State
To file for divorce, you must begin by completing the appropriate court forms and filing them with the Pierce County Court located in Tacoma, WA. Once the forms have been submitted to the court, you must arrange for someone to serve them with divorce papers. Your spouse will generally have 20 days to respond and include their counter requests. Couples must then wait 90 days before they are legally allowed to finalize their divorce.
In the meantime, though, they can work on dividing assets and arranging the terms of parenting plans, custody support, and/or spousal support requests. This part generally takes the longest, as this is where the majority of conflicts arise that can cause divorces to drag on much longer. However, once an agreement is reached, you can submit your terms for a judge to review, decide on, and issue all applicable orders.
How Much Time Will a Divorce Take to Finalize?
The length of time it takes to finalize a divorce can depend on a variety of factors.
If both spouses can come to an agreement on the terms of their divorce within Washington’s 90-day waiting period, then a divorce can be finalized as soon as this period ends.
However, many divorces take much longer than this to resolve and may even last for a year or more. Conflict, cooperation, and court schedules can all impact how much time your divorce may take.
How Assets are Divided During a Divorce in Pierce County
Assets must be split up during the divorce so each spouse receives their share. In Washington, assets and debts are distributed fairly between both spouses. The state recognizes both community property and separate property in a divorce.
About Community Property and Separate Property in a Marriage
Community property is any asset or debt that was gained during the marriage, while separate property is any asset or debt that was owned prior to the marriage. Community property will be divided up, while separate property is generally exempt from division.
Commingled Assets in a Marriage
Assets may also become commingled over time, making it difficult to determine which category assets and debts fall into when dividing property. This may include joint bank accounts or real estate holdings that were secured together with separate funds. To investigate commingled assets and minimize the risk of losing assets, it is important to have experienced legal representation handle these situations.
Fair Property Division Is Not Necessarily Equitable
Washington focuses on dividing assets fairly but not necessarily equitably. This means that the court will take each spouse’s income, financial need, and special circumstances into account when assets are divided.
For example, if one spouse has significantly more income, then the spouse with less income or primary custody of the couple’s children may receive the house since this may otherwise be more difficult for them to secure after a divorce. It could also reduce the upheaval for the children involved.
Challenges of Dividing Assets in High-Net-Worth Divorces
Dividing up assets can be even more challenging for couples who have a high net worth and/or high assets. These cases often involve special legal considerations and actions to make sure the marital estate is valued correctly and divided up fairly.
To prepare for high-net-worth and/or high-asset divorces, it is important to thoroughly and accurately appraise and inventory assets, debts, income, and expenses, identify community and separate property, and hire our experienced divorce attorneys in Pierce County, WA.
Spousal Support Petitions During a Divorce
If one spouse has a greater financial need than the spouse, they have the right to petition the court for spousal support, also known as alimony. The court will review these requests carefully, but may not be obligated to grant them. If approved, the court will determine the amount and whether the duration of spousal support payments will be temporary or more permanent.
The court will take into account several factors when considering spousal support, which include:
- Financial resources and need
- Education or training needed for employment
- Standard of living
- Length of the marriage
- Age and health of the spouse requesting spousal support
- Financial capacity of the spouse who would be paying spousal support
Talk to our Pierce County divorce lawyers about your options if you are seeking spousal support. They can also help you fill out the correct forms and submit them for the court to review.
Parents Must Create a Parenting Plan for Custody in Washington
Determining child custody during a divorce is a big decision that involves many parts. Parents are required to develop a parenting plan that outlines parenting time, the child’s primary place of residence, how decisions and finances are handled, how education and healthcare are handled, and processes for dispute resolution and communication. A parenting plan should seek to minimize the impact on a child and create as much stability as possible for them.
A child’s best interest will always be the court’s top priority during custody decisions. If you and your spouse are able to come to an agreement yourselves, the court will review your parenting plan and review it before deciding whether to request adjustments or issue the custody order. If you are not able to reach an agreement, then a judge will review all the relevant information and make a custody decision for you.
How Child Support Is Calculated in a Divorce
Parents are required to share the financial responsibility that comes with caring for a child. Once parents are divorced, this generally means that the parent who does not have primary custody is responsible for providing regular payments to help out with the child’s living expenses, educational costs, healthcare expenses, and any other applicable financial obligations.
The amount that a parent pays in child support is based on the child’s needs and the parent’s financial capacity. The court will evaluate both parents’ income and expenses to determine how much each parent must contribute. Once the child support terms are agreed upon, the court will issue the child support order. This is legally binding, and a parent can be punished if they are found to be in violation of their child support duties.
Child support orders can be revised if there is a significant decrease or increase in income. The court may review and adjust the terms of child support accordingly. Talk with your divorce lawyers before making any changes.
Washington Recognizes Same-Sex Marriages and Divorces
Washington recognizes and allows same-sex marriages and therefore also recognizes same-sex divorces. The divorce process remains the same, and assets and debts are divided up according to state law. If the couple has children, parenting plans and child support payments must also be arranged.
Where children are concerned, non-biological parents are given parentage status if they have provided consistent care of the child, have formed a relationship with them, and recognized them as their own during the marriage.
Divorces Involving Domestic Violence or Abuse
Divorces involving domestic violence and abuse are subject to special considerations. While you do not have to cite this as a reason for the divorce, it can impact what an abusive spouse may receive in the divorce once all the assets are divided. It can also impact what custody and visitation rights may be granted.
If you are concerned about your safety or the safety of your children during a divorce, then you have the right to seek an emergency order from the court. This can provide protection during the divorce process and limit your spouse’s access to you or your children until the terms of the divorce are determined and finalized.
Resolving Divorce Disputes in Pierce County, WA
Divorces are capable of bringing out the worst sides in couples. Spouses must make many decisions from assets to custody agreements, and expectations and interests can create conflict. The good news is that there are options for resolving differences. Litigation is often used as a last resort, as this is expensive, time-consuming, public, and limits your say in the outcome.
Below are a couple of common alternatives to finalizing your divorce without involving the court more than necessary. When you meet with a Pierce County divorce attorney at Harbor Family Law, we’ll let you know if these alternatives to litigation are right for you.
Divorce Mediation
Mediation is a common method used to resolve disputes during a divorce. When couples are unable to reach an agreement on one or more issues, they can voluntarily attend mediation where a mediator facilitates discussion and helps couples better communicate with each other. While a mediator cannot make decisions, they can help couples find common ground and terms that they are both satisfied with. Pierce County has several dispute resolution centers available for couples who wish to pursue mediation.
It is important to be aware that mediation is not recommended for all situations. Mediation should be avoided if couples are not transparent with each other, are not willing to compromise, have complex financial assets, or there is a history of domestic violence or an imbalance of power in the relationship. Consult our attorneys before pursuing mediation to see if it is beneficial for your situation.
Collaborative Divorce
Some couples may wish to work together to divide assets and decide on the terms of their divorce on their own without the court’s involvement. In these situations, collaborative divorce may be a productive approach to divorce proceedings. In collaborative divorce, both spouses commit to reaching an agreement together on all matters. Once there is a written and signed agreement from both parties, a judge will review it and issue the divorce order to dissolve the marriage.
Contact Our Pierce County Divorce Attorney Law Firm Today
Harbor Family Law is committed to providing stellar service at every stage of your divorce proceedings. Our Pierce County divorce attorneys help minimize the risk of losing valuable assets, financial instability, or custody problems. With our extensive experience, we are equipped to handle many situations and resolve challenges as painlessly as possible. To begin the process and file for divorce, contact us today to schedule a consultation with our team.
