When Experience Matters

The National Advocates

Call Us : +1 425 374 4045

Schedule Appointment

  • Home
  • About Us
    • Attorney Profile
    • Why We Are Different
    • Network of Experts
    • Our Fees
    • Community Involvement
  • Practice Areas
    • Divorce and Separation
      • Divorce & Legal Separation
      • Complex Divorce
      • Cooperative & Collaborative Divorce
      • Divorce Advice/Flat Fee Uncontested Divorces
      • Divorce and Taxes
      • Estate Planning and Divorce 
      • International Divorce in Washington State
      • Litigation and Trial
      • Property Division
      • Spousal maintenance (Alimony)
      • Post Divorce Legal Actions
    • Children and Parenting Issues
      • Child Custody and Parenting Issues
      • Child Support
      • Child Support Modification in Washington State
      • Fathers Rights in a Washington State Divorce
      • Paternity and Parenting Actions in Washington State
      • Parenting Plan Modification in Washington State
    • Domestic Violence
      • Protection & Restraining Orders/Domestic Violence
    • Mediation
      • Flat Fee Divorce and Family Law Mediation at Weintraub Law Office
    • WA Legal Agreements
      • Prenuptial/Post-Marital/Cohabitation Agreements
  • Washington State Divorce Guide
    • Before Divorce – Planning Ahead
    • The Washington Divorce Process
    • Divorce Questions and Answers
    • After Your Divorce – Important Considerations 
    • Divorce Options – Four Processes Used to Obtain a Divorce 
    • 50 Frequently Asked Questions About Divorce
    • Divorce Worksheets To Prepare for Divorce 
    • Post Divorce Checklist
    • Washington Divorce Resources
  • Blog
  • Client Testimonials
  • Contact Us
Home » Divorce in Washington State – Top  5 Myths

Divorce in Washington State – Top  5 Myths

October 24, 2014 by Bo Weintraub Leave a Comment

The following are five of the most commonly held myths about divorce in Washington State.  It’s important to understand them to better understand what to expect in your family law case.

1. Marriage is a not contract.

In Washington, marriage is, by definition, a civil legally binding contract.

Marriage is a legal status entitling a married partner to numerous federal and state based legal rights including property, immigration, health care, inheritance, taxation, and many others.  Unfortunately, many couples who marry do not understand or have full knowledge of the legal consequences resulting from it, and divorce often exposes the tension between individualism, the marital contract, and family law in general.

2.Parents can agree to the amount of child support. 

In Washington State, Child support is determined by Washington State’s Child Support Schedule and applicable case law.  The child support transfer payment is calculated based on the net incomes of the parties and age of the child, with allowance of downward or upward adjustment depending on the circumstances.  However, parents cannot agree to the amount.

Washington State has an independent interest in requiring parents, rather than taxpayers, to financially support their children.  The legislative intent in using the child support schedule is to guarantee child support will be adequate.

3.Washington is a community property state so all property is divided 50/50.

While property and debts acquired during the marriage are presumed community property, so that each spouse has a 50% interest in it regardless of who acquired or earned it, the legal standard is a “just and equitable” distribution, not an “equal division”.  A “just and equitable” division takes into account other factors aside from community property, such as the length of marriage, existence of separate wealth, economic circumstances, and health and age of the parties.

The legislature’s rationale is that an equal division may, by itself, not produce a fair result in certain circumstances.  A primary concern is making sure, particularly in long marriages when spouses have taken on traditional roles of breadwinner/caretaker, the caretaker spouse can maintain some degree of financial self-sufficiency post-divorce.

4.An account in your name only is your separate property.

Absent a prenuptial, postnuptial agreement, or a separation contract stating otherwise, title or the name under which it is property is held does not control whether property (or debt) is community or separate.  The date of acquisition is the controlling factor.

5.Once my spouse takes the home, I’m free and clear on the mortgage/line of credit.

In most cases, if you are awarded the real property you are also allocated responsibility for paying the mortgage or other debt obligation.   However, if you and your spouse – as is usually the case – are both bound by the mortgage, the divorce settlement will have no effect on your contractual obligations to the lender.  The only way to remove your name from the mortgage is for the spouse awarded the home to refinance the mortgage in her name alone or to sell it.  While legal provisions, such as hold harmless agreements, exist to require reimbursement of collected funds from the non-obligated spouse, a divorce settlement has no legal effect on a lender (or creditor’s) right to enforce contractual agreements between the parties.

Filed Under: Blog

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Please type the characters of this captcha image in the input box

Please type the characters of this captcha image in the input box

Please type the characters of this captcha image in the input box

Please type the characters of this captcha image in the input box

Contact Us Today at
+1 425 374 4045
or send us a message below:





    Enter the letters and press send
    captcha


    • Blog

    Search this site

    Weintraub-Law-Logo-small

    Weintraub Law Office offers divorce and family law representation, consultation, and flat fee mediation services in King County, Snohomish County, and Pierce County.

    Our Promise to Each Client:

    We will provide skilled, experienced legal help to meet your long term goals while keeping your financial well-being in place.

    Avvo - Rate your Lawyer. Get Free Legal Advice.

    Client Reviews

    "Mr. Weintraub was extremely helpful as mediator. I was looking for someone to work out some disagreements in my divorce and to settle quickly without needing attorneys." - J.C

    Law Office

    Bellevue Office:
    14205 SE 36th St., Suite 100, Bellevue, WA 98006

    Bothell Office:
    19125 N. Creek Pkwy, Ste. 120, Bothell WA 98011

    Seattle Office:
    1700 7th Ave, Suite 2100, Seattle, WA 98101.

    Direct E-mail:
    Boaz Weintraub, Lead Counsel/Attorney -

    Danny Hemachandra, Paralegal -

    Copyright © 2022 Weintraub-Law.com | 14205 SE 36th St., Ste. 100 Bellevue, Washington 98006 | Phone: +1 425 374 4045 | Sitemap