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Washington Divorce Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for Washington on
Q: Will I need to pay them out or worry about them taking my house?

I bought a house while married but its only under my name. My spouse signed a quit claim deed during the purchase. If we divorce, do I need to worry about losing the house?

Stacie Lynn Naczelnik
Stacie Lynn Naczelnik answered on Sep 9, 2021

You should consult with an attorney who can advise you on the complexities of community/separate property and your options when it comes to protecting your interest in the house.

2 Answers | Asked in Bankruptcy and Divorce for Washington on
Q: Can I go bankrupt post divorce to avoid paying a property settlement while still keeping my home? Chapter 13?

basically my wife has taken everything and I want to keep our home. I will have to buy her out, but will need to file chapter 13 after. Can I include this settlement to avoid having to pay her. I have already paid over $50K in alimony and $80K in attorney fees,

Timothy Denison
Timothy Denison answered on Jul 20, 2021

No. You cannot bankrupt a divorce settlement.

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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Washington on
Q: My husband is in jail for domestic violence. I want to divorce him and get my sons passport so I can return home

Is this possible with him being in jail

Brennan R Block
Brennan R Block answered on Jul 15, 2020

Yes, it is possible to divorce your husband while he is in jail. You will need to serve him, in jail, with a divorce petition and follow procedures required by law. You should hire an experienced divorce attorney in your state to help with you with the process.

1 Answer | Asked in Divorce for Washington on
Q: After the 90 day waiting period begins 4 uncontested divorce, are there steps that require me to be physically present?
Kevin R. Richardson
Kevin R. Richardson answered on Dec 21, 2019

Yes. Nothing magic happens after 90 days has lapsed. Rather, you are now allowed to conclude your dissolution because that the statutory waiting or "cooling-off" period has expired.

The process varies by county, but generally speaking you need to set up a hearing before a...
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1 Answer | Asked in Divorce for Washington on
Q: Moved from Ca to Wa state in Dec 2018. How is an inheritance split during a divorce? I have been married 19.5 years.

My husband received inheritance from sale of father's property

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 22, 2019

You need to check with your divorce lawyer. IN the State of Texas inheritance is separate property and not subject to division during a divorce.

1 Answer | Asked in Child Support and Divorce for Washington on
Q: My wife has a daughter that isn't mine that I have raised for the past 15 years. Will I have to pay child support?

I never legally adopted her.

Marc Andrew Moses
Marc Andrew Moses answered on Apr 12, 2019

The short answer is no, but it depends on a few other factors.

Children from other relationships are not considered for child support. The "depends" part is if the mother believes you are the father, which can be overcome with a DNA test, which would then result in you not paying...
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1 Answer | Asked in Divorce for Washington on
Q: I need a lawyer for a divorse ... it is a basic divorce he owns nothing nore do I and he keeps his debt I keep mine

We got married In Spokane county jail he was incarcerated and got sent out to prison the next mourning after our “wedding” we are split up and have been sence befor he was ever released.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 24, 2019

You can contact a divorce attorney for a consultation, and you can also seek self-help resources at your local law library and on the WA courts website. Were you legally married? If you're seeking a divorce, you'd need to file the necessary papers in court and have them served on your... Read more »

1 Answer | Asked in Divorce for Washington on
Q: I believe at mediation the mediator told me I could not discuss anything to family, friends etc after leaving. I believe

I signed a paper promising not to. I was sick at the time and wasn’t able to pay attention very well. Now I am hearing from someone that I can discuss it openly with whomever I want. Is this true, or am I held to a code of silence with anything said in mediation?

Kelli Y. Allen
Kelli Y. Allen answered on Jan 18, 2019

Discuss this with an attorney in your state and review what you signed. The general rules of mediation are that anything said (offer to compromise, behavior, etc.) cannot be used against the other party in court, and that the mediator cannot be called to testify about what was said during... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Washington on
Q: What documents will i need to take to the court house to start the divorce process

Hello, I am trying to file for a divorce in Washington state, I am trying to do this on my own, i was wondering what documents I would need. I have the summons, Petition for Divorce and Agreement to Join Petition (Joinder) documents that my ex signed already. I am trying to expiate the beginning... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 10, 2019

Have you researched the process at your local law library and online via the WA state court's website? Those are great places to start when representing yourself in a divorce and seeking forms and guidance. Have you considered limited scope representation as a more affordable way to hire a... Read more »

1 Answer | Asked in Divorce and Family Law for Washington on
Q: I am currently unemployed, how can I eliminate or modify the alimony (maintenance) I currently owe my ex?

I was employed for 34 years, currently unemployed. The maintenance had been set at a flat $600 /month (order was held open) ,

Split custody but children always lived with me, full time (5 kids), ex never helped with any expenses (medical, food clothes etc). I was advised to retain a lawyer... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 10, 2019

You may acquire self-help forms and books at your local law library as well as self-help forms and guidance on the court's public website. See:

More details are necessary to provide a professional analysis of your issue. The best first step is an...
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1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Washington on
Q: Is it possible to lose sole custody of my son if I am a student, not currently working?

Husband is emotionally abusive and has been physical 2 times with me. He is terrible to my dog (hits him, threw him once). I’ve grown to hate him, and during one incident I feared for the safety of my son (emotional well-being too)

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 26, 2018

You might be able to seek a restraining order, child custody, child support, spousal support, and attorney's fees, depending on the facts. You can report domestic violence to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an... Read more »

2 Answers | Asked in Child Custody and Divorce for Washington on
Q: My friend is going to be filing a divorce online with his wife who lives in Washington. It is uncontested. Verbiage?

His question is based on the verbage he needs to use. The wife has full custody of the daughter and he wants visitation rights. If he puts that he wants visitation without using the word custody for himself will that work? He doesn’t want to lose his daughter. Or does he need to be required to... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 24, 2018

This is not something he is going to want to do without an attorney. When your car is broken, you take it to a mechanic, not get on youtube and try to figure it out yourself. One simple error can cost thousands to fix. He needs to do it right the first time and hire and experienced attorney to... Read more »

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1 Answer | Asked in Divorce for Washington on
Q: Is my wife in titled to half of my pension after only 4 years of marriage.

My wife had 4 affairs and paid off all her student loans without me knowing. Not to mention she also had a abortion without telling me.

Marjorie Simmons
Marjorie Simmons answered on Dec 18, 2017

Money earned from employment during marriage is community property in Washington, including deferred compensation like pensions and 401ks. Non-community property states often consider money earned during marriage to belong to both parties too. The part of a retirement account that is divisible at... Read more »

2 Answers | Asked in Divorce for Washington on
Q: What to do if my spouse does not want to sign divorse papers?
Marc Andrew Moses
Marc Andrew Moses answered on Sep 11, 2017

When you say that your spouse will not sign divorce papers, I will assume that you have filed for dissolution, then tried to work out a settlement that you think is fair but he/she doesn't, so she won't "join" in the petition, which is what WA state calls it when the spouse... Read more »

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1 Answer | Asked in Divorce and Domestic Violence for Washington on
Q: My husband and I are getting a divore after 3 years of marriage because he is seeing someone else. I left the house

Because he goes to see her and stays gone all not and i did not want to see him do that in front of me. Do I have a right to go back to live at the house

Jason Powers
Jason Powers answered on Sep 6, 2017

Are there any orders from the court preventing you from being in the home? If not, the likely answer is that you can go back to the house. If the house has been the family home for the three years of marriage and there is not a court order preventing you from going back you have as much right as... Read more »

2 Answers | Asked in Divorce, Personal Injury and Criminal Law for Washington on
Q: My husband burnt down our home on July 11th and I would like to divorce him . He is in jail for first degree arson
Jason Powers
Jason Powers answered on Aug 16, 2017

There is nothing to stop you. You can have the papers served to your husband if he is in custody. I am not sure your post has a specific question. In most counties there is a Family Law Facilitator with whom you can make an appointment. They will outline the process. Or, you can hire an... Read more »

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1 Answer | Asked in Criminal Law, Tax Law, Business Law and Divorce for Washington on
Q: Divorcing my spouse & we started a construction company about 25 years ago, suspect corp embezzlement by him & officers

My soon to be ex and his business partners have dissipated our business in violation of court orders, taken out and spent all the money ($300K in meals and entertainment in 2 years), casinos, trips, his secretary/girlfriend fixing her car buying her clothes, trips etc. The business is now out of... Read more »

Michelle D. Wynn
Michelle D. Wynn answered on May 3, 2017

You are likely going to need a business attorney in your area to represent you in any dealings with these creditors who are hounding you. The business attorney should be able to advise you on any potential exposure to creditors claims and defend you if any creditors attempt to collect against you... Read more »

1 Answer | Asked in Tax Law, Divorce, Family Law and Child Support for Washington on
Q: What is the best way to approach the fact that my Husband is not disclosing his actual income? Do I bring it up?

For 10 years he has said he didnt have his taxes filed, he produced fake paystubs with bank statements for different periods. He has never complied with LFLR 10. This is a post secondary support that is now a full modification and they are saying it hasnt been 2 years HELP!!! There reallly is a... Read more »

Matthew M Montoya
Matthew M Montoya answered on Feb 6, 2017

Contact a tax attorney immediately. If you are a low income taxpayer, you can go to a low income taxpayer clinic in your state.

This is very serious and shouldn't be handled by yourself.

1 Answer | Asked in Divorce, Gov & Administrative Law and Military Law for Washington on
Q: I'm in the Army and just got a divorce. When am I allowed to get married again? Is there a military law covering this?

I have heard a rumor about waiting three months and wondered if it was true.

Patrick Korody
Patrick Korody answered on Feb 3, 2017

No wait time. You can get married immediately. You just have to make sure your personnel folks are kept in the loop about the divorce and remarriage. Problems arise if the military thinks you are married to two people at the same time.

1 Answer | Asked in Divorce for Washington on
Q: Me and my wife live in Washington state we was married 5 years ago her previous marriage her x husband filed bankruptcy

We bought a house and few other thing she could not get any credit at the time the titles of the house is in my name only and now we're going through a divorce and see liable for half the house

Brian Lehman
Brian Lehman answered on Jan 16, 2017

There are a few terms that you aren't using correctly, but that's okay since you are not a lawyer. If you are going through a divorce, you should get a lawyer. Also, In Washington, the courts will accept a fair and reasonable property division if parties agree to it. You should try... Read more »

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