The courts do not consider marital misconduct as a deciding factor in the division of property, and infidelity is not usually an issue in deciding child custody. State of Washington governing the division of marital property between spouses in divorce actions; NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. This inquiry should be made before the divorce is filed. Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Washington court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Myth 2: You do not have to provide evidence that your spouse is cheating on you to get a divorce. Enforceable Agreement. ORIGINAL POST: When it comes time to end a marriage, it may well be the absolute best decision. Public Employees’ (PERS) Teachers’ (TRS) School Employees’ (SERS) Law Enforcement Officers’ and Fire Fighters’ (LEOFF) Public Safety Employees’ (PSERS) Washington State Patrol (WSPRS) Judicial (JRS) Judges’ Retirement Fund (JRF) Save With DCP. Our Washington State military divorce attorneys have more than 50 years of combined experience handling these complex cases. video conferences, including same-day consultations. Question: Who will get the house in my divorce?Answer: Though Washington State’s laws make the outcome difficult to predict, there are guidelines judges keep in mind. When it comes to child support, did you know that if you don’t currently have a job, or are voluntarily underemployed, the court can “impute” income based on what they think you could be making? Many people mistakenly believe that they will be entitled to a larger share of assets or primary custody of their children in a divorce if their spouse cheated on them during their marriage. Yes, you are entitled to your community property share of his retirement and he is entitled to his share of yours. 1  It also works the other way around: your spouse is legally entitled to part of your employer-sponsored retirement account value … "Member" is _____, whose mailing address is _____, whose date of birth is _____, and whose Social Security number is _____. The law considers these benefits to represent deferred compensation. Digital Divorce: A Guide for Social Media & Digital Communications, Same-Sex Marriage, Parenting & Divorce in Washington State, Guide to Getting a Divorce in Washington State, “I will get preference in court because my spouse cheated on me.”, “I will not have to pay child support because I don’t make enough money.”. "Alternate … © 2021 All Rights Reserved. You should speak directly with an attorney before making any decisions regarding your legal matters, as legal advice for any individual case or situation may vary greatly. There’s two fundamental questions you have to keep in mind in respect to protecting your retirement. There is no such thing as military divorce. However, Washington does recognize committed intimate relationships, where a couple lives together in a marital-like manner, which can be dissolved in court similar to a marriage. or viewing does not constitute, an attorney-client relationship. If the court finds that a parent is purposely unemployed/underemployed in order to reduce their child support obligation, imputing income ensures that the parent is still held responsible for providing for their children financially. Nothing on this site should be taken as legal advice for any individual Specific information on these pensions can be found at the following web page http://drs.wa.gov/member/. Property that is subject to division includes … In order to file for a dissolution of marriage, a couple must have a valid legal marriage. A recent Money Makeover story about a Seattle couple considering retirement raised questions about the options available under the state’s Public Employees’ Retirement … Generally, each of you is entitled to a share of that money, regardless of who earned what. The following is a non-exhaustive list of the factors our firm believes judges weigh most heavily: 1. DCP Home; Retirees. remotely. The information on this website is for general information purposes only. • You work for a college or university and belong to that entity’s retirement plan. If You Are a State or City Employee in Washington, Take Note. Website: www.mckinleyirvin.com There are many factors that go into dividing property in a divorce case. What Should I Know About Retirement Benefits? Washington is a no-fault state and one spouse or the other only needs to claim that a marriage is “irretrievably broken” to start the divorce process. In Washington, there is a special stipulation about public retirement benefits. Washington Is a “Community Property” State. It is common for divorce in Washington to take up to 6 months or longer. If your divorce decree does not say this, DFAS will not honor it. from, another public retirement system in Washington state. Whether you or your partner files for divorce, we can help you decipher these laws while ensuring your interests are fully protected. To search for specific topics, please use the search box below and enter a specific keyword or phrase. The courts take several factors into account when determining whether alimony is appropriate, including the length of the marriage, the income and earning capacity of each spouse, the age and health of each spouse, and more. Once that is said, then a divorce decree can be granted. You and your spouse or partner worked together to save money for retirement. Often parties will agree to each keep their own retirement benefits, and use some other asset (such as equity in a house) to balance the property division. 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