Marital Dissolution

How is property divided in a Washington divorce?

Washington is a community-property state, so most assets and debts acquired during the marriage are owned by both spouses and subject to division, while property you owned before the marriage or received by gift or inheritance is generally separate. The court divides everything in the way it finds just and equitable, which is not always fifty-fifty (RCW 26.09.080). Much of the fight is over characterization and value: tracing separate property, valuing a home or business, and accounting for contributions, which is where careful financial work changes the outcome.

Will I have to pay, or can I receive, spousal maintenance?

It depends on the factors, because Washington has no maintenance formula. Courts weigh the length of the marriage, each spouse's resources and earning capacity, the standard of living during the marriage, and the time needed to become self-supporting (RCW 26.09.090). A long marriage with a large income gap is the strongest case for substantial maintenance; a short one between two earners may produce none. We assess where your facts fall and build the case for or against support around the factors a judge actually applies.

How are parenting plans and child support decided?

The parenting plan sets where the children live, how decisions get made, and how disputes are resolved, all based on the children's best interests (RCW 26.09.187). Child support is calculated from both parents' incomes using Washington's statewide schedule (RCW 26.19), with room to argue over income, especially self-employment income, and deviations. We focus on building a parenting plan that reflects your children's real lives and getting the support numbers right, because small errors in income or credits add up significantly over time.

I own a business. What happens to it in a divorce?

It becomes one of the central questions, and how it's handled matters enormously. The business has to be valued, its community and separate components traced, and then divided, usually by awarding it to the owner-spouse and offsetting the other spouse's share with other assets or a structured payment rather than splitting ownership. This is where our firm's business and real estate experience matters: we value and structure the outcome to protect the company's operations while treating both spouses fairly. Protecting the enterprise through the divorce is often as important as the dollar division.

Can I move out of the area with my children after divorce?

Maybe, but Washington has a specific relocation process you must follow. The relocating parent has to give formal notice, and the other parent can object, after which the court weighs a defined set of factors centered on the children's interests and the effect of the move (RCW 26.09.405 through .560). Relocation is one of the most contested areas of family law, and the outcome is fact-specific. Whether you're seeking to move or opposing a move, the notice requirements and timing are strict, so it's important to involve a lawyer early.

We have a prenup. Does it control the divorce?

Often, but not automatically. Washington enforces prenuptial and postnuptial agreements, but only if they are both substantively fair and were entered into fairly, with full disclosure and a real opportunity to understand them, under the standards drawn from cases like Bernard. A one-sided agreement signed without disclosure or counsel can be set aside. We assess whether your agreement holds up, enforce it where it does, and challenge it where it doesn't, coordinating with the estate-planning group that handles these agreements on the front end.