In a Washington divorce, a party who claims an asset is separate property must show it qualifies as separate property by clear and convincing evidence. If separate property becomes commingled with community property to the extent it is impossible to distinguish it, then it becomes community property. In a recent…
Many people consider their pets to be part of the family, but the law often treats pets as personal property. In a recent case, a husband challenged court-ordered visitation with the dogs awarded to him in his divorce decree. The parties, who had been married for about 27 years, had…
A court must appoint a guardian ad litem when a party to an action is incapacitated and does not have a guardian. RCW 4.08.060. In In re Marriage of Gannon, the Washington Supreme Court held that a guardian or guardian ad litem may pursue a Washington divorce on behalf of…
Unless an agreement or the divorce decree provides otherwise, a Washington spousal maintenance obligation generally ends when the party receiving it remarries or registers a new domestic partnership or when either party dies. RCW 26.09.170(2). Generally, the court may only modify a maintenance order if there is a substantial change…
A parent may be held in contempt if they fail to comply with a Washington parenting plan. A parent may move for contempt if the other parent prevents visitation, does not return the child from visitation, or fails to engage in joint decision-making. In a recent case, a mother appealed…
Washington, unlike some states, recognizes “committed intimate relationships.” Courts may consider a number of factors, including the parties’ intent, the length and purpose of the relationship, whether the parties continuously lived together, and whether the parties pooled their resources. When a couple acquires property during a committed intimate relationship, it…
Before awarding Washington spousal maintenance, a court must consider certain factors. Those factors include the financial resources of the spouse requesting maintenance; the time it would take that spouse to get the necessary education or training to find appropriate employment; that spouse’s age, physical and emotion conditions, and financial obligations;…
The court must characterize property as community or separate when distributing property in a Washington divorce. Character is generally determined when the property is acquired. When a spouse acquires property before the marriage, that property is presumed to be separate property unless there is sufficient evidence of an intent to…
A trial court in a Washington divorce generally has broad discretion in the disposition of property and debts. Once the court enters the dissolution decree, though, it generally may not modify the property division unless there are conditions justifying the reopening of a judgment. The court may, however, correct clerical…
Courts in Washington divorce cases must make an equitable and just distribution of the couple’s property and liabilities. In some cases where one spouse owes the other, spousal maintenance or alimony may be used to achieve an equitable and just distribution. In a recent case, a husband challenged the award…