Divorce Process Washington State
Summary
In Washington State, divorce involves residency requirements, a 90-day waiting period, and no-fault grounds. Child support considers both parents incomes, the childs needs, and work capacity, including disabilities. VA disability benefits are separate property but can influence child support and spousal maintenance. Spousal maintenance depends on marriage duration, financial resources, and standard of living. Filing first can offer advantages like control over timing and venue. Attorney costs in King County range from $250 to $400 per hour. You can retain an attorney from a different county, but local knowledge is beneficial. If a response to divorce papers is improperly filled out, you may motion for default.Full Conversation
CJ
Hello CJ! How can I assist you with your legal issue today? Please provide a bit more detail about your situation.
divorce
Hi CJ, I'm here to help. Could you please provide more details about your situation? For example, are you looking for information on how to file for divorce, child custody, division of assets, or something else?
washington state divorce
Hi CJ, thanks for providing more details. Here are some general steps and information about divorce in Washington State:
- **Residency Requirement**: Either spouse must be a resident of Washington State.
- **Grounds**: Washington is a no-fault state; irretrievable breakdown of the marriage is sufficient.
- **Waiting Period**: A minimum of 90 days from filing to finalization.
Do you have specific questions about the process, such as property division, child custody, or alimony?
- **Residency Requirement**: Either spouse must be a resident of Washington State.
- **Grounds**: Washington is a no-fault state; irretrievable breakdown of the marriage is sufficient.
- **Waiting Period**: A minimum of 90 days from filing to finalization.
Do you have specific questions about the process, such as property division, child custody, or alimony?
Yes how is child support determined if i havent been working and dont feel capable of making the same amount of money as when I was working
Hi CJ, thank you for providing more details. In Washington State, child support is determined based on several factors:
- **Parents' incomes**: Both parents' incomes are considered.
- **Child's needs**: Costs for education, healthcare, and other needs.
- **Work capacity**: If you're not working, the court may impute income based on your earning potential.
Would you like more information on how to address your specific situation?
- **Parents' incomes**: Both parents' incomes are considered.
- **Child's needs**: Costs for education, healthcare, and other needs.
- **Work capacity**: If you're not working, the court may impute income based on your earning potential.
Would you like more information on how to address your specific situation?
what if I'm a disabled vet with severe depression that hinders my ability to get a job
Hi CJ, I'm sorry to hear about your situation. In Washington State, if you have a disability that hinders your ability to work, the court may consider your disability when determining child support. Here are some factors to consider:
- **Disability Status**: Provide documentation of your disability.
- **Earning Capacity**: The court may adjust imputed income based on your disability.
- **VA Benefits**: Any disability benefits you receive may be considered.
Would you like information on how to present this to the court?
- **Disability Status**: Provide documentation of your disability.
- **Earning Capacity**: The court may adjust imputed income based on your disability.
- **VA Benefits**: Any disability benefits you receive may be considered.
Would you like information on how to present this to the court?
I heard VA disability is not to be touched when determining payment for the spouse
Hi CJ, thank you for your patience. In Washington State, VA disability benefits are generally considered separate property and typically not divisible in a divorce. However, they can be taken into account when determining child support or spousal maintenance. Here are some relevant points:
- **Separate Property**: VA benefits are separate property and not subject to division.
- **Child Support**: VA benefits can be considered as income for child support calculations.
- **Spousal Maintenance**: Benefits may influence spousal maintenance decisions.
Would you like more detailed information on how to present this to the court?
- **Separate Property**: VA benefits are separate property and not subject to division.
- **Child Support**: VA benefits can be considered as income for child support calculations.
- **Spousal Maintenance**: Benefits may influence spousal maintenance decisions.
Would you like more detailed information on how to present this to the court?
I heard sousal maintenance and alimony are getting less and less these days
Hi CJ, I understand your concern. Spousal maintenance (alimony) in Washington State is determined by several factors, and each case is unique. Here are some key points:
- **Duration of Marriage**: Longer marriages may result in longer maintenance periods.
- **Financial Resources**: Both parties’ financial situations are considered.
- **Standard of Living**: The standard of living established during the marriage is evaluated.
- **Health and Age**: The health and age of both spouses are taken into account.
Would you like more specific information on how these factors might apply to your situation?
- **Duration of Marriage**: Longer marriages may result in longer maintenance periods.
- **Financial Resources**: Both parties’ financial situations are considered.
- **Standard of Living**: The standard of living established during the marriage is evaluated.
- **Health and Age**: The health and age of both spouses are taken into account.
Would you like more specific information on how these factors might apply to your situation?
how is standard of living determined
Hi CJ, the standard of living in a divorce case in Washington State is determined by considering several factors:
- **Income and Expenses**: Analysis of both spouses' incomes and living expenses during the marriage.
- **Lifestyle**: The lifestyle maintained during the marriage, including housing, cars, vacations, and other expenditures.
- **Financial Contributions**: Contributions of each spouse to the household, both financial and non-financial.
Would you like more detailed information on how to present this to the court?
- **Income and Expenses**: Analysis of both spouses' incomes and living expenses during the marriage.
- **Lifestyle**: The lifestyle maintained during the marriage, including housing, cars, vacations, and other expenditures.
- **Financial Contributions**: Contributions of each spouse to the household, both financial and non-financial.
Would you like more detailed information on how to present this to the court?
what is the average cost of an attorney in king county
Hi CJ, the cost of an attorney in King County, Washington, can vary widely based on experience and case complexity. On average:
- **Hourly Rates**: $* to $* per hour.
- **Flat Fees**: Some attorneys may offer flat fees for uncontested divorces, typically ranging from $*,* to $*,*.
Would you like more information on finding affordable legal assistance?
- **Hourly Rates**: $* to $* per hour.
- **Flat Fees**: Some attorneys may offer flat fees for uncontested divorces, typically ranging from $*,* to $*,*.
Would you like more information on finding affordable legal assistance?
can I retain an attorney from a different county?
Hi CJ, yes, you can retain an attorney from a different county in Washington State. However, keep in mind the following:
- **Travel Costs**: You may incur additional travel expenses.
- **Local Knowledge**: Local attorneys might have better knowledge of local court procedures and judges.
Would you like more information on choosing an attorney?
- **Travel Costs**: You may incur additional travel expenses.
- **Local Knowledge**: Local attorneys might have better knowledge of local court procedures and judges.
Would you like more information on choosing an attorney?
- **Financial Contributions**: Contributions of each spouse to the household, both financial and non-financial.
Hi CJ, understanding the financial contributions of each spouse in a Washington State divorce involves evaluating both financial and non-financial contributions. Here are some key factors:
- **Financial Contributions**: Earnings, savings, and investments made by each spouse.
- **Non-Financial Contributions**: Household chores, child-rearing, and other non-financial support.
Would you like more details on how to document these contributions for your case?
- **Financial Contributions**: Earnings, savings, and investments made by each spouse.
- **Non-Financial Contributions**: Household chores, child-rearing, and other non-financial support.
Would you like more details on how to document these contributions for your case?
what if she hasnt contributed at all, only ocassional cleaning and laundry
Hi CJ, if your spouse has contributed minimally with only occasional cleaning and laundry, the court will still consider these activities as part of the overall household contributions. However, their limited contribution may affect property division and spousal maintenance decisions.
Would you like more information on how to present this to the court?
Would you like more information on how to present this to the court?
If I paid for everything am I on the hook to cover her lifestyle outside of the divorce?
Hi CJ, in Washington State, whether you are required to cover your spouse's lifestyle after divorce depends on various factors, including:
- **Spousal Maintenance**: Determined by the duration of the marriage, financial resources, and standard of living.
- **Property Division**: Equitable distribution of marital property.
Would you like more details on how spousal maintenance is calculated?
- **Spousal Maintenance**: Determined by the duration of the marriage, financial resources, and standard of living.
- **Property Division**: Equitable distribution of marital property.
Would you like more details on how spousal maintenance is calculated?
how does filing first give the filer an upperhand as believed
Hi CJ, filing first in a divorce can offer certain advantages, including:
- **Control Over Timing**: You set the timeline for proceedings.
- **Choice of Venue**: You may choose the jurisdiction if multiple are applicable.
- **Preparation Advantage**: You have more time to gather necessary documents and evidence.
Would you like more details on any of these points?
- **Control Over Timing**: You set the timeline for proceedings.
- **Choice of Venue**: You may choose the jurisdiction if multiple are applicable.
- **Preparation Advantage**: You have more time to gather necessary documents and evidence.
Would you like more details on any of these points?
I absolutely do not want to pay child support, how is it determined in WA state
Hi CJ, I understand your concern. In Washington State, child support is determined based on several factors:
- **Parents' Incomes**: Both parents' incomes are considered.
- **Child's Needs**: Costs for education, healthcare, and other needs.
- **Work Capacity**: Court may impute income based on your earning potential.
Would you like more details on how to address your specific situation?
- **Parents' Incomes**: Both parents' incomes are considered.
- **Child's Needs**: Costs for education, healthcare, and other needs.
- **Work Capacity**: Court may impute income based on your earning potential.
Would you like more details on how to address your specific situation?
give me some good military veteran friendly lawyers in king county
Hi CJ, here are some military veteran-friendly lawyers in King County, Washington:
Phone: (*) *-*
Address: * Fourth Ave, Suite *, Seattle, WA *
Website: www.carsonlawgroup.com
Phone: (*) *-*
Address: * Lake Bellevue Dr #*, Bellevue, WA *
Website: www.mollybkenny.com
Phone: (*) *-*
Address: * 2nd Ave S, Suite *, Seattle, WA *
Website: www.nwjustice.org
Would you like more information on any particular lawyer?
Carson Law Group, PLLC
Phone: (*) *-*
Address: * Fourth Ave, Suite *, Seattle, WA *
Website: www.carsonlawgroup.com
Law Offices of Molly B. Kenny
Phone: (*) *-*
Address: * Lake Bellevue Dr #*, Bellevue, WA *
Website: www.mollybkenny.com
Northwest Justice Project (Veterans Project)
Phone: (*) *-*
Address: * 2nd Ave S, Suite *, Seattle, WA *
Website: www.nwjustice.org
Would you like more information on any particular lawyer?
if a response to divorce papers are improperly filled out can I still motion for default
Hi CJ, in Washington State, if a response to divorce papers is improperly filled out or not filed in time, you may motion for default. Here are some steps to consider:
- **File a Motion**: Submit a motion for default with the court.
- **Notice**: Provide notice to the other party.
- **Hearing**: Attend a hearing where the judge may grant the default.
Would you like more details on how to file this motion?
- **File a Motion**: Submit a motion for default with the court.
- **Notice**: Provide notice to the other party.
- **Hearing**: Attend a hearing where the judge may grant the default.
Would you like more details on how to file this motion?