6 Tips When Filing for Divorce in Washington State that Judges Wish You Knew, But No One Will Tell You

Filing for divorce can be a daunting and complex process, especially when it comes to navigating the legal system in Washington State. There are a lot of other articles and information you can find that will tell you the mechanics of filing for divorce (what to file where) but not many that explain secrets the best divorce attorneys use to win cases. Could it be that even many law firms don’t know?

While we may never be able to answer that question, the divorce attorneys at Pacific Northwest Family Law have successfully helped hundreds through the divorce process. We wanted to share a few rules we live by–six to be exact–judges love to see us make the most of these because it makes the process smoother, helps the judge make good decisions, and make our clients happy. Grab a pen or print it out and highlight because you are going to want to save these

Momentum in a divorce is real

One crucial aspect of successfully navigating the divorce process is to establish and maintain momentum. Winning tends to lead to more winning and losing tends to lead to more losing. In a divorce, creating a winning momentum means taking proactive steps to keep your case moving forward and not allowing delays or setbacks to derail your progress. That’s why we work with our clients to gather documents before the other side requests them, seek those same documents from the other side as soon as we start, calendar all deadlines with plenty of lead, and stay on top of communication with other attorneys.

To build up momentum, you must have a clear set of desired divorce outcomes and know what it takes to achieve those outcomes. But, contrary to what some people believe, this does not mean writing letter after letter or filing motion after motion. A lot of this is wasted energy and wasted time in a divorce. That type of action without intent does not lead to increased wins, it only leads to increased divorce costs. We’ve found that it doesn’t matter if you file in Spokane, Richland, or Seattle divorce action must always have a strategic objective behind it.

We’ve also found that it is possible to reverse momentum–especially in the face of a lot of wasted effort by the opposing side. Reversing momentum, turning a losing divorce into a winning divorce takes even more effort and careful strategy to make it happen. This means have solid arguments for what you want and knowing exactly what it is the judge needs to know to make the right call.

No one, not even the Court Clerk, can give you legal advice for divorce

When filing for divorce in Washington State, it is important to remember that the only one who can give you legal advice is your attorney or yourself. In a divorce, legal advice would be something like how much of the retirement account should you ask for? Or what is a reasonable schedule for a parenting plan? How much of the equity in the house should you ask for in Benton County in a divorce?

Even which document to file and how to fill it out is considered legal advice.

The Clerk of the Court cannot help you with legal advice, the judge can’t give you legal advice, the bailiff can’t give you legal advice. But neither can your mother, neighbor, or best friend from high school (unless one of these people also happens to be an attorney licensed in the state of Washington and familiar with divorce). The Clerk can’t even assist you with procedure and paperwork.

In some counties in Washington there is a court facilitator, and this person can help with paperwork and some procedure. But he or she still can’t give you legal advice when it comes to your divorce filing.

Even more useless than court personnel could be your friend who went through a divorce already. These people know how their divorce went and what they got. But beware! Unless their life is exactly the same as yours (income the same, number and age of kids, same age, same reason for divorce, same judge, same county, same everything so that your own mother has a hard time telling the two of you apart) what happened in your friend’s divorce will probably not happen to you.

If you don’t have an attorney, it’s up to you. That means you need to do your research. You can find the Washington divorce statute if you google RCW 26 and you can find some cases on Google Scholar. There are also lots of blogs and information that you can find.

Property Division in a Divorce Does Not Mean You Get Half

When it comes to property division in a divorce, many people mistakenly believe that they are entitled to exactly half of the community property. However, this is not always the case. In Washington State, property division is based on what is fair and equitable, rather than strictly adhering to a 50/50 split. Instead of merely splitting things in half, the judge has to decide what is fair.

Sometimes that means splitting things in half, but not always. The easiest type of property to divide, of course is cash. If all of your assets, or all of the community assets are in cash or you are able to turn them into cash without much argument, then it is just a question of numbers. For example, some people getting a divorce will sell the house and split the proceeds down the middle (that may or may not be fair, more below).

Aside from cash, some assets are difficult to divide because they have different values to different people, and they may have different values at different times. How much is a retirement account worth to a 30-year-old who is getting a divorce? The value is probably different than a retirement account is to someone about to retire and actually use the money.

And then there’s other property that is difficult to divide such as pets, jewelry, or a house that you do not want to sell just because you are getting a divorce. How much is your dog or cat worth to you? Washington treats pets as property for purposes of a divorce, so this can be complicated because of the emotions involved.

On the topic of houses, by the way, houses often have different values to different people because of where they are located or how they are used. That may mean that the fair market value may not be the right number when it comes to a divorce. The person who wants to stay in a house because of kids or work or mortgage rates may need to get creative when it comes to negotiating or arguing a split for divorce purposes.

If you force the court to decide because you can’t reach an agreement through negotiation or a divorce mediation, here are some of the factors the divorce judge will use to decide:

• age of the parties
• length of the marriage
• ability to earn after divorce
• market factors such as mortgage rates or ability to replace unsellable items
• health of the parties
• reasons for keeping certain
• is the property income earning (rental property or a business)
• separate property
• spousal maintenance award

Overall, understanding the nuances of property division in Washington State can help individuals navigate their divorce proceedings more effectively. By knowing your rights and being prepared to advocate for yourself during negotiations, you can increase your chances of achieving a favorable outcome when it comes to dividing assets. With proper guidance and legal representation, you can ensure that your financial interests are safeguarded throughout the divorce process.

Retirement accounts can be divided, but they take special steps to avoid extra taxes

Retirement accounts are a special type of property best dealt with separately from the rest. Because most retirement accounts are pre-tax accounts, they must be treated according to federal and state law or they will be subject to penalties and taxes.

The first consideration is the amounts that have been contributed to the accounts during the marriage. Only amounts put into retirement during the marriage are considered community property. However, the remainder, while they may be separate property, may be a factor in what percentage of the retirement account is actually divided.

The second consideration is the time until retirement because of the time value of money. When it comes to dividing assets including retirement accounts during a divorce, the Court will look to all the assets at once and so should you. If your income is lower now, it may be better to get assets that are easily turned into cash now (like cash in a savings account or stock investments) rather than the same current dollar for dollar amount in a retirement account. Cash can always be used to reinvest for long-term savings. Likewise, if you are able to recover by your earnings with less cash property now, it may be a good idea to keep the retirement account because of the potential for the account to increase in value by the time you retire.

By the way, in making these asset valuations, we will often bring in a financial planner (especially ones familiar with divorce) to help our divorce clients focus better on the different options for dividing retirement and investment accounts.

The third consideration is that merely cashing out a retirement account will incur taxes and penalties. This is especially true if you are not yet retirement age. Do not try to divide these accounts on your own by withdrawing funds.

One common method of dividing retirement accounts such as a 401k or an IRA is through a Qualified Domestic Relations Order (QDRO), which allows for the division of one spouse’s account and the creation of a separate retirement account with the same retirement company with those funds. The end result is that each spouse now has a retirement account with their percentage or dollar amount of the funds specified in the order.

Using the QDRO allows the transfer of funds from one spouse’s account to the other without incurring tax consequences. It is important to work with a qualified professional who can help draft the QDRO correctly in order to ensure that all legal requirements are met.

Other retirement accounts such as a Thrift Savings Account, Federal retirement account, Railway Workers Pension, Union Pension, or Military Pension will need similar legal orders to avoid taxes and penalties. At Pacific Northwest Family Law, we usually look to attorneys who commonly do retirement divisions (even if we have to look outside the firm) to prepare these orders because of the high degree of technical know-how involved.

Overall, navigating the division of retirement accounts during a divorce requires careful planning and attention to detail in order to avoid unnecessary taxation. By seeking out expert advice and following specific guidelines such as drafting QDROs correctly and considering tax implications, individuals going through a divorce in Washington State can protect their financial interests and ensure that their retirement savings are divided fairly and efficiently.

Reaching an agreement on what’s in your child’s best interest requires preparation

When it comes to parenting plans during a divorce, the court must make a decision that is in the best interests of the children involved. That means that your task as a party to the divorce is to convince the other parent or the judge how custody should look like once the divorce is finalized. Reaching an agreement on what is in your child’s best interest requires careful preparation and consideration of all factors involved. It is essential to prioritize the well-being of your children above all else during a divorce, as they are often the most vulnerable parties affected by the separation. By working with your ex-spouse to establish common ground and communicate effectively, you can create a co-parenting plan that benefits your children and allows them to thrive despite the changes in their family dynamic.

But if you can’t reach an agreement with your spouse, that means extra work because the judge certainly has less knowledge than either of you. That’s why preparation usually wins the day. Some of the things the judge needs to know when making a custody decision during divorce:

• Any history of abuse, drug use, neglect, or anything that may endanger the well-being of the child
• History of who takes the children to medical, dental, or school appointments
• Who is getting the children ready for school
• Work schedule of each parent and how likely it is that schedule will change
• The schedule of the children
• If your child has gone to private school or if you’ve homeschooled and for how long
• Other relationships such as family, friends, neighbors that the children have (especially if you are staying in the home)
• Special needs or behavioral issues of the children
• Age of the children
• School activities
• Participation of each parent in the children’s daily routine

Washington divorce will mean a different life for everyone involved. By focusing on the children’s needs and gathering important information, you have set up your proposed child custody arrangement for success. Ultimately, thoughtful preparation and cooperation with legal professionals will help ensure that decisions made regarding child custody arrangements align with what is truly best for your children’s well-being in the long run.

Aggressive Divorce Attorneys will hurt you by costing more and taking longer to reach a resolution

Cannot count the number of potential clients who start of asking if we are aggressive. Each one has a little bit of hunger in their voice and a glint in their eye. They only looked confused when we respond that we are strategically aggressive and use it to reach agreements.

Hiring an aggressive divorce attorney may seem like a good idea at the outset, as they may appear to be more zealous in fighting for your interests. And if you rely on your friends or Reddit to inform how you make decisions, you may believe that the only way to protect yourself is getting a pit bull style divorce attorney.

What most people don’t know is that the aggressive attorneys usually waste the most time, cost the most, and take longer to get results.

I will not deny that aggression in negotiation, or advocating zealously, can get good results. I’ve seen many attorneys more used to the criminal defense or personal injury arena that take those same skills and act as though the other party were as bad as the government or had deep pockets like an insurance company. In those other areas of law, it makes sense to be aggressive because the other side is some heartless monster–or at least the jury these cases are argued in front of like to grant big awards against faceless monsters.

But in Washington State divorce is a different creature altogether. You are convincing a judge, not a jury, about what you want, and you are given lots of opportunities and encouragement to reach a resolution outside of court.

Don’t roll over and accept any offer and give up on what is due, but there are great ways of resolving differences in a divorce that yield long-term benefit without sacrificing the here and now.

But even more important, just because you get a divorce and your marriage ends, that doesn’t mean the other party will be out of your life forever. In fact, if you have children together, you will have to see each other at important events the rest of your lives.

Winning at any cost never makes sense. There is an inherent drive to win in all of us and an emotional drive to get even for years of torment from your soon to be ex. But the best Washington divorce attorneys know that taking an assertive position puts their clients in a better position in every way.

Conclusion

The above tips when filing for divorce in Washington State apply in any county. Whether you are filing divorce in King County, Spokane, Benton County or all parts in between, these tips will apply. At Pacific Northwest Family Law, we use these ideas to help our clients succeed. If you would like to apply to be our client, please contact us using the contact form above or call toll free 877.738.0777.