Divvying up assets in a same-sex divorce is proving to be a difficult task in some cases. In a heterosexual divorce, there is almost always a definitive date of which the parties began to share assets. Therefore, a judge can use that date by which to determine ownership of different assets.
Military service members, both active duty and retired, have access to what is known as a Survivor's Benefit Plan (SBP). Deducted monthly from military pay, these plans are funded by the government in part, and by the military member in remainder. If a service member chooses not to have an SBP, then all benefits will cease upon his or her death.
Washington State does not require mediation in a divorce. It does, however, give the courts the authority to order mediation.
In a standard civilian divorce, the case is filed with the court in the county where the married couple last lived. If the filer, as well as the spouse, have moved out of that county, then the case can be filed in the county in which the filer currently resides. Regarding the state of filing, a civilian divorce case should be filed in the state in which a married couple resided for at least six months of the preceding year. However, these rules are different in a military divorce.
It may be rare that a stepparent is awarded custodial rights in any state, including here in Washington. However, it does happen under extenuating circumstances. The State of Washington recognizes what is termed a "de facto" relationship and has, since an important Supreme Court ruling in 2004, awarded custody to the party or parties which would serve the best interests of the child, regardless of biological or psychological relationship
What is the difference in a legal separation and divorce? In short, the answer is that in a legal separation you are still married, and in a divorce you are not. Other than that, the two are essentially the very same thing, accomplished by the very same process and forms.
By the time some married couples make it to the divorce attorney, they can't even be in the same room without an argument. If that is you, then a collaborative divorce may not be the best path for addressing the many issues that come up during the divorce process. However, when spouses can go into a divorce on mutual terms, and are able to discuss matters amicably, then a collaborative divorce becomes a great option.
The state of Washington places restrictions upon whom a person may legally marry. Although same-sex marriages are now legal throughout the entire United States, certain unions are banned by the laws of the state. This post will discuss some of those prohibited unions and will also briefly introduce the topic of annulment.
As in other American jurisdictions, the State of Washington requires individuals who wish to file for divorce to provide certain pieces of information in their divorce pleadings. This post will discuss the requirements that the divorce plaintiff or initial petitioner must meet; readers of this blog are reminded that they should seek their own legal advice as they prepare to file for divorce to ensure all of the legal requirements applicable to their cases are met.
When the members of a family live together and the parents of the family work and earn incomes, generally the money they bring in is pooled together for the support and maintenance of everyone in the household. However, when parents separate or divorce and divide their incomes to support two different households, the financial maintenance of the family's members can become more subject to change. In Washington and other American jurisdictions, courts can assign some parties to pay child support and spousal support, also called alimony, for the care of those individuals who no longer live in the payers' homes.