You may need a lawyer. You may want Temporary Family Law Orders. The court enters these quickly. They can last until trial or the end of your case. Example: You want an order keeping your spouse from cleaning out the bank accounts or selling things before trial. Restraining orders keeping a spouse from getting rid of property, taking out loans in both your names, or taking your name off insurance policies.
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If there is an emergency, you may need an Immediate Restraining Order right away. The judge can enter this without giving your spouse notice. Your spouse later can have a hearing. The judge decides there if the order will continue. You may need this order if you cannot wait one to three weeks for a hearing to get help from the court. Yes, any time before your divorce is final.
1. Washington Is a “Community Property” State
To ask the court to change a temporary order, you file another Motion for Temporary Family Law Orders. If you have been a domestic violence victim, or your spouse has threatened you, you can ask for a Domestic Violence Protection Order anytime.
You can also ask for a permanent protection order as part of the final divorce orders. You must tell the court about all your property and debts. Washington is a community property state. Generally, all property house, other real estate, car either spouse gets during the marriage is community property.
It belongs to both spouses, even if only one is on the title. Your Divorce Petition proposes how the court should divide property and debts. The court in the Final Divorce Order decides who gets what. Separate property belongs to only one spouse. Generally, it is property you got before the marriage through inheritance or as a gift before or during the marriage , or after separation. Talk to a lawyer.
Generally, all debts either spouse incurred during the marriage are community debts. Both spouses are equally responsible for them. You incur separate debts before the marriage or after separation. It depends. The court can make any just and equitable division, after considering:.
Court Ordered Life Insurance: How To Get Quick Life Insurance For Your Divorce
It will depend. The court considers what condition property and debt division will leave you each in after the divorce. It generally does not want one spouse very wealthy and the other poor. It will consider your. You have not worked much outside the home.
Facing a Gray Divorce? Watch Out for These 7 Critical Issues
The court may award you more community property or long-term maintenance so you do not end up much poorer than your spouse is. You cannot work. The court may award you more community property. In most cases, the court will award each spouse their separate property and order each to pay their separate debts.
Divorce in the United States
You may have signed a written agreement before marrying stating how you would divide your property and debts if you divorced. We often call this a prenuptial agreement. You may have signed an agreement during the marriage stating which of your property is community and separate. We call this a Community Property Agreement.
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Couples sometimes do these as part of an estate plan. You might have signed an agreement after separation dividing property and debts. If you have any written agreement about your property and debts, have a lawyer look at it. This might determine how the court divides property and debts in your case. Property you bought with money earned during the marriage is community property. Your income during the marriage is community property. Anything you buy with your income belongs to you both. The judge will divide the car and other property according to what they decide is just. They bought it before your marriage.
This could happen if, for example, you refinance it in both names. It could rule you have no community interest in the house because of the value you got from living there. Example : can just one of you pay the mortgage? If not, awarding one of you the home may lead to foreclosure and damage your credit. It might be safer to sell it. Do not create a post-divorce situation where title is in one name, the debt in another.
Example : The divorce court awards you title to the home. No one takes action to make this official. Your spouse falls behind on payments. Yes, even if one spouse objects. The court will most likely do this if one of these is true:. And you're the one set to receive it. Only to find out after your divorce is final, you don't qualify to receive benefits from your ex-spouse's earnings. Most people don't know this, but anyone paying alimony is required to have life insurance in an amount and for a term equal to the amount and duration of alimony agreed to in their divorce decree.
I can hear you saying, "So you mean to tell me I not only have to pay alimony, but I also have to fork over copious amounts of cash to an insurance company? While many companies are moving away from pension plans in favor of k 's, state and local governments still offer pension plans to their employees. So if your spouse is a teacher, firefighter, police officer or government official, chances are they have a pension. Now that you're divorcing, how do you divide such an asset? It's not like there's money sitting in an account as with an IRA or k. Notice nowhere in there does it say " provide an employee's ex-spouse a monthly payment.
For corporate pension plans, it's a bit more straightforward. Do a PV calculation, determine the Coverture Fraction, get a QDRO, and a separate interest can be created and the pension benefit shared between the parties. But when it comes to government pensions, it's not nearly as straightforward. So if your spouse was a civil servant or government employee, be aware that it may not be as easy to value and share a pension as it would be if they worked in a corporation. In some states where we practice, divorcing parents are required to pay for their children's college education through child support.
Yet, if you remain married, there is no such requirement of you. Maybe you're one of the fortunate few who've managed to put away enough to fund their children's college education s. As you just learned, gray divorce issues for older couples are far more complex than the ones a young or newly married couple will face.
