As if Your Divorce Could Get Any Weirder…
Adultery is a Non-Issue for the Court
Washington is a no-fault state, and adultery is of no concern to the court. Despite your broken heart and the shambles adultery can leave in its wake, the court is not interested and will not factor wayward ways into divorce, property value, or custody–not even a little. Unless, your spouse wasted (or gave away) marital assets to a fling, is gambling away assets, etc., and the innocent spouse wants to recover their half of the community booty.
Temporary Orders Often Become Permanent
The rule of thumb is whoever has the kids most during the separation will likely get custody (barring any restrictions due to domestic violence/abuse, drugs, alcohol, etc.). That is true if there are temporary orders in place, or if it was an informal agreement. Be mindful of that before you move out of the family home in a huff. You may very likely be giving up more than the furnishings. The reason for this is the court is all about the best interest of the kids and keeping things status quo–changing things up during an already tumultuous divorce is not in their best interest.
Pets are Property
Despite your love of Fido, and regardless that you consider him a member of the family, the court considers him property. As property, he will be divided as part of the community. Harsh.
My Ex is Evading Service
Just like your ex can evade service, so can you get clever. The answer may be as simple as Domino’s…as in service documents inside a Domino’s box instead of pizza. Or, package delivery, with divorce papers inside. But, a process server cannot impersonate law enforcement, or other first responder.
90 Days is Likely Closer to 12 Months
Despite the cooling-off period being 90 days for a divorce to be final, it is more accurate to plan on a year. Unless it is the simplest of divorces, where everything is agreed upon. Otherwise, motions, hearings, a parenting seminar, mandatory mediation, etc., can easily take a year…or more.
Imputation
Imputation occurs when the court, for the purpose of determining child support or spousal maintenance, considers a party to have income, even if they don’t. Sometimes, a party will intentionally quit a job to avoid paying child support. That is when imputation works. But, what of a party that has been laid off and is having a hard time finding a job, or the party that has gone back to school? Imputation is basically the court saying a party “would have had” income, had they not quit their job, or if they were working for at least minimum wage.
I am here to help you understand the pitfalls, and support you through the process. Please contact me at: [email protected]
Disclaimer: The information presented here is for general informational purposes and does not constitute legal advice.