Yakima Family Law Blog

As 2019 gets underway, many Washington spouses will be among others across the country who file for divorce. This state is one of nine that uses community property division rules. It is critical that anyone headed to court first makes certain he or her understands what this actually means.

Most states use equitable division guidelines wherein judges overseeing divorce cases determine what they believe to be a fair distribution of marital assets. Community property rules, however, basically divide all marital property equally. A pre or postnuptial agreement, if applicable, may include changes to this approach. In most situations, property division rulings in Washington are permanent; in rare circumstances, such as evidence of fraud, modification may be sought though it is definitely not the norm.

Going through divorce is never easy, especially as a parent. As a noncustodial parent, numerous challenges may arise regarding visitation or a custody agreement, as well as child support payments. If co-parents disagree, the court will step in to resolve the issues at hand. In Washington and most other states, judges use set guidelines to help them make decisions on a case-by-case basis.

Concerning child support, parenting time is a key factor, as well as income. The more a parent knows about how to build a strong case ahead of time, the better. Most judges  consider percentage of parenting time and each parent's income as main factors that influence financial support decisions.

A number of important decisions must be made during divorce proceedings. That's especially true if there are child custody issues to resolve. Washington is a community property state, which means the assets (and debts) that you've accumulated with your spouse over the course of your marriage will generally be divided equally. 

Of course, if you have a prenuptial agreement, that usually dictates how your community property will be divided. Regardless, separately owned property -- such as assets you owned prior to the marriage -- are not usually subject to community property division. If you think your spouse is hiding assets or is somehow trying to keep you from getting your allotted share of the community property, it makes sense to reach out for legal support in order to protect your interests.

A recent marriage study suggests that high-net-worth assets may have an impact on whether Washington married couples stay together or call it quits. In fact, this particular study suggests that wealthy people in general are much likelier to divorce than their less-affluent peers. While one study definitely does not prove or discount such assertions, it is true that finances often have significant influence on marital relationships.

Spouses who divorce often say that money was a causal factor in the breakdowns of their relationships. In households where one spouse earns a high income and one spouse is not employed or earns substantially less, there often seems to be relationship stress that many believe is caused by the economic disparity between the married couple. Another commonly occurring argument between spouses of substantial means has to do with living expenses and debt.