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Washington State Uncontested Divorce
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Washington State Divorce Law In General.
Washington State Divorce Law: Uncontested versus Contested.
Here's what you need to know about Washington divorce law. It is complex and often unpredictable.
After handling hundreds of divorces over the last ten years, we have learned one thing. If there is any way for the Parties to craft a resolution in which they are both satisfied without having to incur the expense and emotional turmoil of litigation, everyone wins.
In truth, it is often only the lawyer who win when the Parties allow the courts to make some of the most difficult and critical decisions in their lives. Often, the biggest losers in litigation are the children and Parties' pocketbooks.
Washington State Divorce Law Can Be Very Complex.
The simple truth is that every divorce case is very unique. Every case has its own complexities and complications. On top of this, Washington divorce law can be very complex. It is intended to be somewhat vague and flexible so that judges, with very few exceptions, are free to craft whatever final remedy THEY deem to be fair and equitable under the circumstances.
Washington State Divorce Law on Debts and Assets. Washington is Community Property State.
Now, there are certain guidelines. For example, Washington is a community property state. This means that the judge is initially directed under Washington divorce law to first assess ALL of the Parties' assets and debts and then to determine whether they are properly characterized as community or separate. But here's where it gets confusing.
UNDER WASHINGTON DIVORCE LAW, ALL OF THE PARTIES' ASSETS AND DEBTS, BOTH COMMUNITY AND SEPARATE, ARE PROPERLY BEFORE THE JUDGE AND CAN BE DIVIDED AS THE COURT SEES FIT.
Washington Divorce Law and Children.
As for the children, the judge first determines who should be the primary residential parent. This determination is based a number of criteria with the overarching goal always being making decisions that are in the "best interests of the children".
At trial, once this determination is made, the other parent nearly always becomes a weekend parent. This entails having alternating weekend visitation, a mid-week non-overnight visit, half the holidays and two to three weeks in the summer.
The beauty of an uncontested divorce, however, is that the Parties are free to agree upon and craft a Parenting Plan that is uniquely tailored the needs of their child or children. This is just one of the many advantages of pursuing an uncontested divorce.
Washington Divorce Law And Child Support.
In general, child support is set pursuant to the Washington State Child Support Guidelines. This support calculation is formulated by the respective Parties' net incomes, the number of children involved, and whether there are work-related daycare or health insurance costs involved. Once again, however, an uncontested divorce provides flexibility on this front.
Washington Divorce Law And You.
As a practical matter, the only way to really understand how Washington divorce law would be interpreted based on your specific facts and circumstances is to talk with a lawyer. Our experienced uncontested divorce lawyers will be more than happy to discuss your case in detail with you at no charge.
They will lay everything out in detail and provide you with several options regarding how best to proceed. You can then make an informed decision on the optimal approach in your divorce.
Call an experienced Washington State uncontested divorce lawyer now to get started.
Let's start by discussing Washington divorce law in general. In general, Washington State uncontested divorce law relies on the same legal principles as a contested divorce. The critical exception, however, is that the Parties are in control of how their lives look once the final orders are entered. With very few exceptions, judges will defer to the agreement of the Parties in an uncontested divorce even though they themselves would never fashion a remedy in such a manner.