When a divorce is finalized in Washington, the dissolution decree assigns specific debts and obligations to each spouse. But life does not stop at the decree. Cars break down, financial circumstances shift, and ex-spouses sometimes make informal arrangements to address new realities. The problem is that these side agreements can…
A Washington appeals court has confirmed that trial courts cannot order joint decision-making in a parenting plan when both parents have a history of domestic violence. In In re Marriage of Thiess, No. 87345-8-I (Wash. Ct. App. Jan. 26, 2026), Division One held that former RCW 26.09.191(1) prohibits mutual decision-making…
The court in a Washington divorce case has broad discretion in characterizing the parties’ assets. Characterization is determined as of the date of acquisition and generally does not change. Separate property continues to be separate while it can be traced or identified. Property acquired during the marriage may be separate…
Spousal maintenance can be a contentious issue in some Washington divorces. In Washington, a court may order spousal maintenance in a divorce case in the amount and for the amount of time “as the court deems just,” after it considers the relevant factors. RCW 26.09.090 sets forth a non-exhaustive list…
In some Washington divorce cases, one party may have advantages over the other. In a recent case, a former husband sought to vacate the divorce order, arguing the wife had misrepresented the documents he signed. According to the appeals court’s opinion, the husband’s father was American and his mother was…
The court in a Washington divorce case must make a just and equitable division of the marital estate, considering certain statutory factors. Those factors include the nature and extent of community property and separate property, the length of the marriage, and the economic circumstances of each party when the property…
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…