- How does the Washington State Courts divide property? Doesn't
the court just split the property based on the name of the person
the property is in?
The court has a great deal of discretion on how to divide the property
of a marriage. The court will divide the property in a dissolution
based on what it determines is "fair and equitable."
- My spouse has committed adulatory during the marriage. Can't
I tell the judge this fact and receive a greater portion of the property
of the marriage?
Not generally. Washington has adopted a "no fault" standard for divorce
which means that the court may not normally consider the conduct of
the other spouse. However, if the other spouse has taken action to
waste the community assets of the marriage, then the information may
be relevant. For instance, a court may consider evidence that a spouse
has spent a great deal of money while carrying on an affair behind
the back of the other party.
- I am in the military and have been told a great many things about
when the spouse of a serviceman may and may not obtain a portion of
my military retirement. When can a spouse obtain part of a military
retirement?
Military retirement and disability issues are very complex and
involve both federal and state law. Usually, the military will not
divide the retirement until the service member has been married
for 10 years while in the military. However, Washington State courts
will still require the retirement plan be considered in the divorce
proceeding and may require the service member to make payments directly
to the former spouse.
You want to make sure you select an attorney who has experience
in military retirement issues. Preferably one who has had numerous
military QDROs accepted by the federal military pay center.
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