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Category Archives: Division of Assets

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What is a Separation Contract, and Do I Need One?

Division of Assets, Divorce, Parenting PlanBy Zachary AshbyJul 27, 2017

Any couple who intends to or is currently going through a separation or divorce can execute a separation contract in order to settle any issues of dispute. These issues might include the division of property, the payment of debts, the custody and support of children, and the payment of spousal support. A separation contract sets…

How Does the Court Divide Retirement Plans in a Divorce?

Division of Assets, Divorce, Financial, RetirementBy Zachary AshbyJun 15, 2017

In the typical divorce, the spouses’ retirement plans, pensions, and mutual funds often may be the most valuable assets that they own. As a result, the division of these items of property in a divorce can be a hotly contested matter. Under Washington law, retirement funds that either spouse acquired during the marriage are the…

The 5 Steps to Divorce in Washington State

Child Custody, Division of Assets, Divorce, Financial, Hiring an Attorney, MediationBy Zachary AshbyMar 17, 2017

You and your partner have decided to split. You’ve thought this through, perhaps gone to couples therapy, and maybe you are even past legal separation (which is not a prerequisite to divorce but it can be an alternative, and it can be done by court order). At this point divorce is a certainty. In that…

Dating During Separation

Alimony, Child Custody, child support, Division of Assets, DivorceBy Zachary AshbyFeb 10, 2017

The overlap between dating a new person and divorcing your spouse is a difficult time, even though you are not cheating on your spouse it can still be an awkward position to be in and questions may pop up. Such as when you are in the midst of a divorce, are you even allowed to…

How to Financially Prepare for Your Divorce in Washington

Division of Assets, Divorce, FinancialBy Zachary AshbyJan 5, 2017

When you know that a divorce is in your future, it is important to take steps for to prepare yourself financially for life as a single person. Many married people, especially those who have been married for a long time, have forgotten how expensive living on your own can be. If you are planning to…

Myths About Common Law Marriages

Common Law Marriage, Division of Assets, DivorceBy Zachary AshbyDec 16, 2016

Most people are familiar with the concept of common law marriage, but much of what people think they know is based on rumor rather than fact. For example, many people incorrectly believe that living together for a certain period of time is sufficient to establish a common law marriage. Common law marriages are a relic…

Can You Purchase Large Items of Property During Your Divorce Case?

Agreements, Division of Assets, DivorceBy Zachary AshbyDec 14, 2016

The process of getting a divorce takes months to complete. Couples going through a divorce may need to attend mediation sessions, court hearings, or depositions, which all take time. Even the simplest divorces must go through Washington State’s mandatory 90-day waiting period. During this time, it is not uncommon for one or both spouses to…

Dealing with Debt in Divorce

Community Property, Debt, Division of Assets, Divorce, FinancialBy Zachary AshbyNov 16, 2016

Marital debts, just like marital assets, are fairly divided between spouses during a divorce. Because Washington is a community property state, all income, property, and debts that either spouse acquires during the marriage belongs to the marital estate and must be split relatively equally between the spouses. The responsibility for a marital debt can be…

Why Prenups Are Especially Useful Before Second Marriages

Community Property, Division of Assets, Divorce, Prenuptial AgreementBy Zachary AshbyNov 2, 2016

Statistics show that nearly 40% of all marriages involve a partner who has been married at least once before. Second and third marriages are more common today than ever before, and so are the prenuptial agreements that go along with them. Prenuptial agreements are more common in second and subsequent marriages than they are in…

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