Property division can be complicated when the parties to a Washington divorce co-own property with a third party. In a recent case, a wife appealed a property division that did not consider the mortgage on the wife’s brother’s share of the property in the valuation. The husband petitioned for divorce…
Characterization of property as separate or community in a Washington divorce case is determined at the date the property was acquired. An increase in separate property’s value is presumed to also be separate property. Separate property remains separate unless there is clear and convincing evidence showing it was converted to…
In many Washington divorce cases, characterization of property as separate or community can be a contentious issue. A property’s character is determined when it is acquired. Property that is established to be separate is presumed to remain separate unless there is sufficient evidence to show the intent to convert it…
When a court makes a finding there was a history of domestic violence in a Washington custody case, it must impose limitations on the decision-making authority and in most cases the residential time of the parent who committed the domestic violence. A mother recently challenged a parenting plan based on…
Washington spousal maintenance is intended to equalize the parties’ standard of living for an appropriate period. Pursuant to RCW 26.09.090, a court may order spousal maintenance in an amount and for the period it deems just after it has considered all relevant factors, including: the financial resources of the requesting…
A wife recently appealed a trial court’s decision not to grant a domestic violence protection order (“DVPO”) in a divorce proceeding. She argued that RCW 7.105.225(1)(a) required the court to issue the DVPO after a finding of domestic violence and that the court incorrectly interpreted the statute to require it…
Arbitration and alternative dispute resolution can save parties to a Washington divorce some of the expense and stress of litigation. The ability to challenge a decision resulting from a voluntary arbitration may be limited, however. In a recent case, a father sought court review of an arbitration decision relating to…
A trial court in a Washington divorce case has broad discretion to justly and equitably distribute the property. The court must analysis the relevant factors as set forth in RCW 26.09.080. The court may distribute both community and separate property and does not need to find exceptional circumstance to support…
A trial court in a Washington divorce has broad discretion to make a just and equitable property division. RCW 26.09.080 sets forth certain factors that the court must consider in making a just and equitable property distribution, but those factors are not exclusive. The trial court must consider the nature…
Who gets to claim the children as dependents on their tax returns can be a contentious issue in a Washington custody case. A father recently sought a contempt order against the mother when she claimed one of the children as a dependent. According to the appeals court’s unpublished opinion, the…