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Spokane Divorce Attorney
Washington is a no-fault state, meaning that the only basis for filing for divorce is an assertion that the marriage is irretrievably broken.
Residency Requirement and Waiting Period
In order to file for divorce in Washington, one of the spouses must be a resident of the state at the time the divorce action is filed. The court won't enter a final judgment of divorce until at least 90 days have passed from the date the divorce papers were filed and return of service was properly fulfilled.
Washington is a community property state, so any property acquired during the marriage will be divided equally between the two spouses at divorce. Each spouse may keep any separate property that the spouse had before the marriage began or that was received as a separate gift or inheritance. The couple may also come to an agreement on the distribution of property and in that situation, the property would not have to be equally divided.
Distribution of Debt
Since debt is often a signficant issue during divorces, Washington State law states that either party is responsible for the debt accrued during the marriage. However, the parties can divide the debts as they agree if both sides mutally consent. An attorney can sit down and talk with the parties regarding their debt and a fair distribution.
Either spouse can ask the court for an award of spousal support, otherwise known as alimony. The court may base its decision on each party’s financial resources, the standard of living established during the marriage, each party’s physical and emotional condition, and the time and training it would take to make the spouse seeking support self-sufficient.
The court may order that the alimony payments be made in a lump sum or over a certain period of time.