In a Washington divorce, inheritance will generally be considered separate property. What happens, though, when a spouse uses separate property to pay off the debt on a community asset? A Washington appeals court recently considered this issue. According to the unpublished opinion, the wife bought a home in California while…
Washington public policy favors a presumption that a marriage is valid. Case law has held that a party seeking a Washington annulment must show the marriage is invalid by “clear, satisfactory, and convincing evidence.” A marriage is invalid if one party was induced to enter into it by “fraud involving…
Washington family law recognizes committed intimate relationships, which are stable relationships where the parties cohabit knowing that they are not lawfully married. It is an equitable doctrine, intended to protect unmarried partners who acquire property during the relationship. Before distributing property under the doctrine, the court must first determine whether…
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;…