Co-Parenting After Divorce: Tips for Establishing Effective Communication and Boundaries

Divorce is a challenging experience that can have a profound impact on everyone involved, especially children. One of the biggest challenges for divorced parents is navigating the co-parenting relationship effectively. Co-parenting requires open communication, mutual respect, and clear boundaries to ensure the well-being of the children and promote a healthy co-parenting dynamic. In this blog post, we will discuss essential tips for establishing effective communication and boundaries in co-parenting after divorce.

1. Prioritize the Children's Well-Being:
2. • Remember that your children's well-being should always come first. Make decisions based on what is best for them, rather than personal feelings or conflicts with your ex-partner.
   • Create a parenting plan that outlines schedules, responsibilities, and rules to provide structure and consistency for your children.

      2. Communicate Respectfully:

1. • Maintain a respectful and civil tone in all communications with your co-parent, whether it's in person, over the phone, or through written messages.
   • Avoid discussing personal conflicts or grievances during co-parenting discussions. Focus on the children and relevant parenting matters.

      3. Use Clear and Open Communication:

1. • Keep communication channels open and transparent. Share important information about your children's activities, health, and school progress promptly with your co-parent.
   • Use effective communication tools such as shared calendars, co-parenting apps, or regular check-ins to stay updated and organized.

      4. Set Boundaries:

1. • Establish clear boundaries with your co-parent to define roles, responsibilities, and decision-making processes. This includes respecting each other's parenting styles and preferences.
   • Discuss and agree on boundaries regarding communication frequency, emergency situations, and major decisions involving the children.

      5. Be Flexible and Cooperative:

1. • Flexibility is key to successful co-parenting. Be willing to accommodate reasonable requests and changes in schedules when necessary, keeping the children's best interests in mind.
   • Foster a cooperative co-parenting relationship by showing appreciation for your co-parent's efforts and acknowledging their role in the children's lives.

      6. Manage Conflict Constructively:

1. • Conflict is inevitable in co-parenting, but it's crucial to handle it constructively. Practice active listening, empathy, and compromise to resolve disagreements peacefully.
   • Consider seeking support from a mediator or therapist if you struggle to communicate or resolve conflicts effectively with your co-parent.

      7. Focus on Consistency and Stability:

1. • Create a consistent and stable environment for your children across both households. This includes maintaining similar routines, rules, and expectations to minimize confusion and stress.
   • Encourage open communication with your children about co-parenting arrangements, reassuring them of your love and support despite the divorce.

In conclusion, co-parenting after divorce requires dedication, patience, and a commitment to putting your children's needs first. By establishing effective communication, respecting boundaries, and working cooperatively with your co-parent, you can create a positive co-parenting dynamic that supports your children's well-being and emotional development. Remember that seeking professional guidance or counseling can be beneficial in navigating challenges and strengthening your co-parenting relationship.

Understanding The Hague Abduction Convention

The Hague Convention on the Civil Aspects of International Child Abduction is a treaty between 98 countries ensuring that children that are internationally abducted by a parent are returned to their country as soon as possible. Children may be abducted during a divorce case or a case involving the modification of a Parenting Plan or Custody Order. One parent may hope to get away from the other parent or to change the custody order in a court of a different country.

If the nation that the child was originally from and the country that they are taken to are members of the treaty, the child should be immediately returned to their country of residence. This is meant to discourage a parent from abducting their child and taking them to a new country.

Lingering problems

While the Hague Abduction Convention is great in theory, in practice there have been problems getting countries to cooperate. A Washington resident had his son abducted by his estranged wife who was a Japanese national. Even though he legally had custody, she took their son to Japan and refused to bring his son back or allow him to visit. Although Japan is a member of the treaty, and should have returned his son, no action has been taken to reunite them. Nine years later, he is still fighting to see his child.

If parents have different nationalities, one parent may suddenly vanish with their child or children if they feel their custody or visitation rights may be threatened. Ideally, the convention will see the child returned quickly—but, like in the case above, it cannot always be counted on.

This problem is a serious one, but not necessarily common. If you are in a marriage with someone of a different nationality and have children together, it helps to have open communication between parents, especially if thinking about divorce. In such cases, it is also important to have provisions for possession of the children’s passports in any Parenting Plan or Custody Order.

UCCJEA May Decide Your Child’s Future

If you’re a parent experiencing divorce or other partner separation, a judge is likely to settle many of the questions over custody of the children.

But which judge? If you and the other parent live in different states, which state’s laws apply? What if one parent has moved the children to another state, perhaps where the children may seem out of reach or where the laws might seem to be more favorable?

A uniform agreement for solving a thorny issue

Almost all states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act or UCCJEA. Its primary purpose is to decide this question of jurisdiction, or which state’s laws and judges will decide all the rest of the child custody details.

Being “uniform,” or the same in every state, the two or more state court systems involved usually have little trouble agreeing which state should hear the arguments and make the decisions.

Orderly procedure for choosing a state

If UCCJEA’s rules for choosing the venue seem complicated, it’s because they’re trying to allow for all possibilities, permit states to use their best judgement, and provide guidance for what happens next if previous steps have failed to give a good answer.

UCCJEA relies on reliable evidence and helpful information, often from several teams of attorneys working in multiple states. It’s important to have an experienced lawyer who knows how to coordinate with out-of-state counsel and provide you with comprehensive counsel.

How the jurisdiction is chosen

First, the court clears the way by determining if it’s an emergency for the child or if custody has already been or is being decided by a court.

If not, thenthe child’s “home state” is considered, defined as the state where the child has lived with a parent for the last six months before the court proceedings begin.

If no such state exists, then a state to which the child has “significant connections” is chosen, which could mean personal relationships, doctors, child care or other factors.

Sometimes a state decides it’s an inappropriate choice to take on jurisdiction because it thinks the child or others would be safer from domestic violence elsewhere. Maybe it believes the child was kept in the state for six months to rig the state of jurisdiction. That state may decide to maintain “clean hands,” and refuse to reward such behavior.

Once it’s decided which state will have jurisdiction over custody decisions, then the central questions about custody can begin to be argued and decided.

Divorce Need Not Be The End Of A Happy Family

Deciding to end a marriage when children are involved can be one of the most painful decisions two people will ever make. Though the couple may no longer be married, they are still parents to their children, and maintaining a healthy relationship with the children is paramount for the children’s wellbeing. Many families in Washington and around the country are facing this situation following divorce, and there is even a term for the family unit that results: the binuclear family.

Though a binuclear family may reside in two locations, it is still a family. Instilling that reality in children, particularly very young children, can go a long way to ensuring their sense of security and being loved equally by both parents. Both are very important for healthy physical and mental development. One way for former spouses can develop a healthy post-divorce relationship is to compartmentalize issues and refrain from allowing problems with each other to affect concerns regarding the children.

Another factor that can make or break successful co-parenting following a divorce is an Agreed Parenting Plan. Coming to an agreement on a schedule, transporting to and from after school activities, making health care decisions, and helping with homework are just some of the details that need to be worked out. The more these issues can be resolved ahead of time, the easier the transition can be for a child. Once decisions are reached, it is a good idea to have them written down so that each parent is clear on what is agreed.

Divorce in Washington is not easy. Arriving at an agreement regarding a Parenting Plan concerning the care and nurturing of one’s children can be difficult, but if parents can put aside differences with each other and act in the best interests of the children, the resulting benefit will be well worth the time invested. A conversation with a knowledgeable professional may help to steer a couple in the right direction.

Could an Equally Shared Residential Schedule Make You A Better Dad?

If a judge does not order that you be the primary parent, it does not mean you have to take a back seat as a parent. With careful attention and commitment, a shared Parenting Plan can help you become a better father.

It can feel that after a divorce, anything less than equal residential time with your children is a defeat. Instead, it could be an opportunity to focus on your relationship with your children and take on parental duties you might have otherwise left to your spouse.

How can things get better after a divorce?

If you are still devoted to being the best dad you can be, research suggests you are already ahead of the curve. All too often, fathers become “weekend dads” which can start a cycle of frustration, feelings of defeat and a breakdown of their relationship with their children.

The following are encouraging statistics about children and divorced dads:

• The American Psychological Associationconcludes that children of divorced or married parents that spend time evenly with both parents have more stable emotional, academic, and social lives.
• The S. Department of Educationfound that a nonresident father’s active involvement in their child’s school activities, rather than only frequent visitation, directly impacts their children’s well-being and academic performance.

This could mean that the everyday joys of being a dad, such as helping with homework, giving advice, attending important performances and parent-teacher conferences can scientifically improve your child’s life. Consistency is key in this case. Inconsistent parents, of any gender, can have the opposite effect.

Ideally, after a divorce, the environment changes from one of stress and arguments to one of relative stability. When children spend a significant amount of time with either parent in these lower-stress environments, parents give them a better platform to become productive, balanced adults.

Custody And Support Modifications May Ease Burdens For Some

Debtors prisons were officially abolished in the mid 1800s in this country as governments came to the conclusion that jailing people for their inability to payoff civil debts was counterproductive. Though the use of jail time and other consequences are still used by many states for parents who owe back support, including here in Washington, these deterrents often create circumstances that cause non-custodial parents fall further behind. When possible, individuals who are struggling with this issue may be able to seek relief through custody and support modifications.

Reports that investigate the effects of jail time for parents who are in arrears have discovered that those who are already struggling will likely face even more barriers for making good on their obligations. Furthermore, enforcement programs that suspend a parent’s driving license also have a negative impact on a parent’s ability to earn enough to pay. Those who lose their driving privileges are more likely to lose their current jobs and are less likely to find gainful employment opportunities.

Reports have found that many lower-income parents have difficulty staying current on support because their court orders are not based on their current financial situations. Many courts structure child support orders based on the parent’s potential earnings if he or she obtains a full-time position. However, having a support payment that exceeds one’s ability to reasonably meet will make it more likely that he or she will fall behind. 

Some judges issue jail time for parents who owe back support on the theory that doing so will provide an impetus to find the money through friends or relatives to make the payments. While this may be effective in some situations, the majority of low-income parents will not have access to these sources. Washington parents who are struggling to meet their obligations — or are finding it difficult to provide for their children — may be best served by contacting an experienced attorney who can provide assistance in seeking custody and support modifications.

Divorce In Middle Age Can Be Financially Crippling

In one way, Jeff Bezos and his ex-wife MacKenzie are a very typical middle-aged American couple. They joined the ever-growing number of Americans who are divorcing after age 50. One way that they are definitely not typical is that they have considerable wealth, and the divorce has left them pretty much financially intact. The divorce rate of Americans over 50 has surged in Washington and other states in recent years and is taking a significant financial toll, particularly on women.

Divorce after 50, often called gray divorce, can be very damaging to fiscal, physical and emotional health. The effect of divorce at a later age appears to be more damaging than that of one that occurs when the couple is younger. One recent study showed that older couples who had recently divorced had higher blood pressure than when they were married.

The financial implications can be overwhelming, in particular for women. One study shows that the standard of living for women over 50 can decline by as much as 45%, about twice that as found in younger women following the end of a marriage. The older women may lack the ability to recover from the financial blow as they are nearing the end of their careers. If they stayed home to care for children, they may have difficulty returning to the workforce.

Divorce is never easy, and the implications for an older person in Washington may seem overwhelming. Someone facing the prospect of a divorce after 50 may benefit from seeking professional advice. An experienced professional can review one’s particular situation and may be able to make recommendations for a fair and equitable settlement.

Divorce And Financial Contention Can Hurt Family Relationships

The decision to divorce is almost always a difficult one, and the resulting process can be a very complicated one in the state of Washington. Finances and achieving a fair settlement are certainly major considerations as are the continued well-being of all the parties concerned. Divorce can have a significant impact on the lives of children and preserving their relationship with their parents is paramount.

Arriving at a fair financial settlement can go a long way to mending hard feelings, and this in turn can contribute to continued successful relationships with one’s children. A significant change brought about by the Tax Cuts and Jobs Act of 2017. The law, which became fully effective on January 1 of this year, removed the alimony deduction for the person paying it. This means that the person paying spousal support is paying more in taxes and therefore has less income available to pay in support.

There are options that can still allow for tax benefits. For couples with significant retirement account balances, those accounts can be split through the use of a qualified domestic relations order (QDRO), which allows for the asset to be transferred without paying a penalty or tax on it. The recipient will have to pay tax when the funds are withdrawn, but he or she has control of the asset in the meantime. One limit to alimony is that it can stop in the event of the payor’s death.

Financial disagreements can lead to family discord whether divorce is involved or not. If one can eliminate or reduce financial contention in the divorce process in Washington overall family harmony can be improved. That typically helps to preserve family relationships. Professionals experienced in family law and familiar with the new tax laws may be able to help one arrive at a reasonable financial settlement.

Parenting Plans May Be Best Defined By Parents

Divorce is difficult and that difficulty is magnified when children are involved. Parenting plans in Washington can be hard for parents to come to agreement on but focusing on what’s in the best interest of the children can help keep the focus on the children’s needs. One area of contention might be agreeing on what exactly comprises the child’s best interests.

Parents are typically in agreement that they want what’s best for their child but they may not agree on what that looks like. Issues such as naps, playing sports and screen time can all be issues regardless of the parents’ marital status. But when divorce enters the picture it becomes more complicated.

Children do best when they have a loving relationship with both parents. They also need consistency and the freedom to love both parents equally. In formulating parenting plans to be followed post-divorce, parents can benefit from coming to an agreement on how to handle issues without involving the child. Parents benefit by remembering that they are the adults in this situation and they have the means to peacefully resolve differences that can truly lead to life post-divorce being in the child’s best interest.

Figuring out what is truly in a child’s best interest is not an exact science. What works for one may not be the right answer for another. Chances are that parents are in the best position to determine this for their child. Mediation with the help of an experienced professional can assist parents to negotiate calmly and arrive at  parenting plans that will work for them and their child in Washington.

Separate Accounts May Help Simplify Divorce

Millennials have a different take on marriage and finances than the generations that came before them. They are waiting longer to get married and as a result both partners are frequently already in established careers. One outcome of this in Washington is that the couple is likely to maintain separate bank accounts following their marriage. Some couples may thing that this offers them some financial protection should the marriage end in divorce.

In community property states, of which Washington is one, money or assets accrued during the marriage are considered community (marital) property and are subject to division in the event of a divorce. There are advantages to maintaining separate accounts in the event of a divorce, particularly if one needs access to money in a contentious divorce situation. Having one’s own account provides easy financial access for daily expenses, bills and childcare.

The best way to protect one’s finances is through the use of a prenuptial agreement. They are reportedly becoming more common among couples before getting married, which may also stem from having established careers before marriage. It is also a good idea to have a serious conversation regarding finances before the wedding, something that having a prenup necessitates.

Marriage is a big commitment and one that people enter into with the belief that it will last. While one hopes for the best it is always a good idea to prepare for the worst, in this case a possible divorce. Having a serious discussion and maintaining separate accounts are excellent first steps. Reviewing such decisions with a professional in Washington can help one attain a comfort level with one’s financial situation as one enters into marriage.

Supreme Court Agrees To Hear International Child Abduction Claim

When the parents come from different countries, there is a risk of two competing child custody orders. To keep parents from trying to get more favorable treatment from a second country after the first has made a custody order, we rely on the Hague Convention on the Civil Aspects of International Child Abduction, also called the Hague Abduction Convention.

The convention lays out rules for determining which country should have jurisdiction over a child’s custody. For example, preference is given to the child’s country of habitual residence. When a parent tries to get a competing order from a different country, that country is generally supposed to reject jurisdiction and refer the question back to the child’s country of habitual residence.

But what if the reason the parent has applied to a second country is to flee violence by the other parent? Would that be a sufficient reason not to follow the Hague Abduction Convention’s jurisdictional rules?

Which country does the baby reside in?

The U.S. Supreme Court has recently agreed to hear a Hague Abduction Convention case in which there is genuine dispute over which country’s courts should have jurisdiction.

The case involves an American mother who claims she was raped and physically abused by her Italian husband. She says that she became pregnant after her husband raped her in Italy. She couldn’t return to the U.S. during the pregnancy because she was told she would miscarry. Therefore, she was forced to give birth in Italy.

Several weeks after the birth, the mother fled to a battered women’s shelter. She obtained a U.S. passport for the child and then returned to Ohio to live with her parents.

Her husband then filed a claim under the Hague Abduction Convention, arguing that the courts of Italy, not the U.S., should have jurisdiction over the child’s custody. The Sixth Circuit Court of Appeals ruled that, although the baby could not have acclimated to Italy during the few weeks it lived there, it was nevertheless objectively a habitual resident of Italy. That would mean the child’s custody should be determined in Italy.

The mother appealed to the U.S. Supreme Court, and several anti-domestic violence advocates filed friend-of-the-court briefs in support. Among other arguments, they point to Article 13 of the Convention, which says that the authorities do not have to return children to their countries of habitual residence when there is a “grave risk” that doing so would expose the child to harm or place them in an intolerable situation.

International child custody can be complex and challenging. If your custody case could involve questions of international jurisdiction, contact a family law attorney who has specific experience with Hague Abduction Convention cases.

Parenting Plans And Summer Vacations

School summer vacations are here in Washington, a time for families to plan a summer vacation and some quality time together. The plans can become complicated in situations where parents are sharing custody. Parenting plans may outline the delineation of time but not how that time is spent. There are steps one can take to make the most of separate summer vacations.

In regard to parenting plans, one should make sure that the plan is fully understood by both parents. One of the keys to successful co-parenting in general, and successful summer planning in particular, is communication. Communicate with each other and with one’s children regarding summer vacations. Make sure children know what is going on and when. Visible calendars in each home can help with this so that children can plan and have predictability, which contributes to their sense of security and well-being.

Another issue to resolve ahead of time to help ensure a peaceful summer is establishing boundaries and being consistent. Having one set of rules at mom’s house and another at dad’s house is a recipe for stress and temper tantrums. Young children in particular do much better with firmly established rules and boundaries and there must be consequences for failure to follow the rules.

Much of the basics of successful co-parenting can be spelled out in parenting plans. If a review of parenting plans reveals areas of contention it may be a good idea to revisit it. An experienced family law attorney in Washington can review the plan and make suggestions as to how issues may be successfully resolved.

Successful Parenting Plans Help Families Arrive At A New Normal

Divorce is difficult and young children can add to the challenge of arriving at a new normal. Coming up with cohesive parenting plans in Washington that take everyone’s needs into consideration can go a long way toward creating a successful new family dynamic. Drew Barrymore, the beloved actress from “E.T.,” together with her ex-husband, are providing an excellent example of what successful co-parenting can look like.

The couple share two young daughters and they strive to celebrate the girls’ accomplishments as a cohesive family unit. Ms. Barrymore acknowledges that this requires constant planning. Recent studies agree with this point of view. The key to co-parenting successfully is to focus on the needs of the children and what the parents can do together to meet those needs.

Perhaps the principal need of children in a divorce situation is to maintain good relationships with both parents. It is widely acknowledged that children do best when two parents are involved in their lives. In addition, it is imperative that the children understand they are loved no differently than when their parents were together. Children are best off when they are shielded as much as possible from existing conflict between their parents.

Successful parenting plans in Washington put the needs of the children upfront and work best when parents are willing to do the work to enable the plan to succeed. A person in Washington who is considering a divorce may wish to consult with an experienced family law attorney. An experienced lawyer can look at the family situation and aide the client in arriving at a settlement that considers the needs of all the parties involved.

Resolving International Custody Disputes

If you’re a divorcing or separating parent, your child’s well-being probably matters most to you, and it may also seem to be the thing that’s most fragile.

This worry might be worse when the other parent will live in another country.

Try to come to an agreement

Resolving your dispute without taking the other parent to court is usually best. It’s often faster, less expensive, and might be less stressful for the child as well as both parents.

Still, child custody is so emotional that having to “be nice” or “act like an adult” is lot to expect from one person, much less two.

You could consider whether mediation or arbitration could be an option, although whether arbitration is possible strongly depends on your specific circumstances.

Knowing which laws apply

If both parents and all the children are in the United States, the state or federal courts are probably best for your divorce proceedings.

Adults and children alike need passports to leave the country, and U.S. courts can consider and enforce issues like permission to relocate or travel as well as visitation rights.

But if someone intends to leave the U.S. permanently, settling custody questions in the country where the children are expected to usually live may be best.

Here again, your options will strongly depend on your circumstances.

Your child overseas without your consent

If your spouse has left the country with your child without your consent, your child can usually be said to be abducted.

There are two broad circumstances for international abductions.

In one, your child is in a country that has signed The Hague Convention on the Civil Aspects of International Child Abduction.

This treaty protects the rights of children by encouraging their return to their usual home country. It aims to put decisions within the right court in the right country.

If your child is in a countries that not signed the Hague Convention, that country is very likely to still have relevant and applicable laws, and they may even be based on the Hague Convention. Other forms of leverage can sometimes also be used to affect the outcome of your case.

Preparing A Child For Divorce

People fall in love, get married and have a family. While many marriages in Washington thrive and result in happy families, some do not. The decision to divorce can be a very difficult one that can be even tougher when there are young children involved.

There are things parents can do to ease the process. Very young children view the world as revolving around them, so if something goes wrong in their world, it must somehow be their fault. It is imperative that a child understands that he or she cannot be divorced and that parents cannot fall out of love with their child.

A child’s routine also provides a feeling of security and stability. If a child can stay in the same school and with his or her friends, this can provide continuity and ease the transition to whatever changes do happen. If a child does have to change schools, parents should include them in discussions so that they feel a part of the process. Also parents should make sure the child realizes it’s all right to continue to love both parents and ensure that the child understands there is no bad guy in this scenario.

When parents divorce, a main concern is for the continued wellbeing of their children. A family in constant conflict can be more harmful to a child than parents who decide to separate. A person in Washington who is considering divorce may wish to consult with an attorney experienced in family law. A lawyer can review the family situation and help a client to arrive at a settlement that is fair and equitable to all the parties involved.

Can My Depression Affect My Parenting Plan?

The lead up to a divorce can cause turmoil for everyone involved—and may even push some into depression.

If you are a parent living with depression, you may be concerned about whether or not your mental health can play a factor in retaining parental responsibility of your children.

What does a judge consider for a parenting plan?

When creating a parenting plan, a judge will primarily consider each parent’s ability to:

• Nurture a stable relationship with the children
• Provide for the children’s needs
• Help with education
• Make sound decisions
• Provide financial support

Struggling with mental health does not automatically make you a bad parent. Judges create parenting plans in the best interest of the child. So, as long as your depression doesn’t affect your ability to meet these criteria, it should not play a factor in a judge’s decision.

When can depression affect the parenting plan?

When two parents cannot come to an agreement about parenting terms, there is likely to be some level of animosity between the two. Going to court puts the power to make decisions for the kids out of both parents’ hands and into a judge’s. This naturally may make the situation combative and may cause one spouse to use the other’s mental health as a weapon in the court case.

It is important to remember that not all depression cases are the same, and there are certain behaviors that will be viewed more negatively than others. Some of these behaviors include:

• Self-harm: Practicing self-harm may indicate a severe level of depression that would affect one’s ability to establish a stable and loving relationship with their child.
• Self-medicating: Medicating symptoms by abusing alcohol or other substances may also be viewed negatively by the court.
• Prescription abuse: Even if a patient is prescribed drugs to combat depression, abusing these pills may show an inability to exercise good judgement.
• Extreme lethargy: Reduced energy levels is one of the most common symptoms of depression. This symptom will affect a parenting plan if it prevents a parent from being able to adequately provide care for their child.

Seeking help

While medical and psychological professionals can help you recover from depression, a divorce attorney can help you make a case for your parental capability.

Regardless of anything you may be struggling with, you are still your child’s parent. Seeking proper representation can help you best present your case and prevent your spouse from using your depression against you.

Successful Parenting Plans Are Important To A Successful Divorce

Figuring out child support and custody issues can be one of the most difficult issues to tackle when facing a divorce in Washington. There are some aspects to child support that one should be aware of. Familiarity with certain issues can help when contemplating child support concerns and parenting plans.

No one is clairvoyant and able to see the future. Plans and assumptions made today may not hold true tomorrow. A child support plan, once agreed upon, is still modifiable. If there is a change in income due to the loss or change in job status, parents can request a modification from the court. It is important to note that child support typically trumps spousal support.

Unlike spousal support payments, there are no tax implications involved with child support payments. The payments are not considered as income, nor can the payor deduct the amount from his or her tax liability. It is important to remember that child custody can have an impact on one’s taxes, however. Only one parent can claim a child as a dependent, and this is sometimes determined by where the child spends the most time. In an evenly shared custody arrangement, parents can take turns taking the exemption.

A parent in Washington who is contemplating divorce where children are involved may wish to consult with an experienced family law attorney. A lawyer can review one’s family and financial situation and make recommendations for parenting plans based on a client’s current situation. A thorough review can allow the parties involved to arrive at a fair and equitable settlement.

Is Divorce On Your Summer Agenda?

Washington couples can have a variety of reasons for choosing to end their marriages. Each divorce is different, but there are some common aspects that transcend an individual couple. Experts from across the country have joined forces to offer advice on what a person might expect when his or her spouse files for divorce. 

One thing a person might consider is closing any joint accounts. Even if a couple is headed for divorce, if one spouse moves or spends a lot of money from a joint account, there is not much the other spouse can do about it. Closing these accounts can be a good prevention method. The same goes for credit. 

Experts encourage a person entering divorce to check his or her credit report for irregularities. If the other spouse runs up a large debt prior to the divorce, there is a good chance a court will consider it to be marital debt. Experts also offer tips like making sure any large withdrawals from shared accounts require two signatures. 

It may be a good idea to keep things cordial with the other spouse. Divorce can be stressful enough without unnecessary arguments. A person may a want to consider hiring an experienced Washington attorney, who can help a client make sure that his or her divorce goes as smoothly and quickly as possible. The sooner the case gets through the court system, the sooner a person can look forward to starting a new life as a single individual without any unnecessary drama. 

How Will Retirement Plans Be Impacted By Property Division?

Most people work their entire careers with the goal of saving toward a retirement of their dreams. Unfortunately, life seldom goes as planned, and a divorce could derail retirement plans. Washington residents who are concerned about how the property division of their divorce will impact their financial future may benefit from learning how certain assets are handled in divorce proceedings.

During the marriage, retirement earnings are generally viewed by the courts as marital assets. This typically includes all employment-based retirement plans and other savings accounts. In the absence of a prenuptial agreement, there are different rules and varying tax consequences that apply to the retirement accounts.

If a settlement agreement stipulates that a 401(k) or similar employer-based retirement account will be divided, the division will require a Qualified Domestic Relations Order to avoid penalties and taxes. This document will outline how the plan is to be divided. Those who receive funds from these accounts must report them as income unless they are reincorporated into a separate retirement account.

There are two main types of retirement plans. The first type is a Defined Contribution Plan, which describes 401(k) accounts that have a daily cash value, making division a fairly straightforward proposition. The other is a Defined Benefit Plan, which is typical of most pension plans. It does not have an assigned value until benefits are due. A former spouse may select one of three options: a lump sum payment when the pension matures, receive a portion of the monthly benefits, or the division can be delayed until a later date through reserved jurisdiction.

IRA accounts are often included in property division negotiations. A former spouse may either roll them into another account or receive them as cash and pay any applicable fees and taxes. In order to preserve retirement goals, divorcing Washington residents may benefit from consulting with an experienced attorney who can help structure a satisfactory settlement agreement.

Understanding No-fault Divorces In Washington

Unlike other states where you would need to prove that one partner is “at fault” in a divorce, Washington state has an exclusive “no-fault” divorce law. What are no-fault divorces? How could this impact your case?

What is an “irretrievable breakdown”?

A no-fault divorce cites the reason for your divorce as an “irretrievable breakdown” of the marriage. This does the following:

1. Takes the court’s guesswork out of marital disagreements.
2. Avoids making private information public.
3. Saves you time and money in preparing evidence against your spouse.

The reasons for your divorce do not concern the court. They will help settle financial disagreements, legal custody of children, child or spousal support, schedule counseling services and property division. They will not spend time deciding who was “right” in an argument.

Are there exceptions to a no-fault divorce?

There are few exceptions to a “no-fault” divorce. One is the rare circumstance of an annulment and the other is legal separation. You can pursue a legal separation from your spouse instead of or before a divorce. However, you would still be legally married under a legal separation.

“No-Fault” does not mean that you cannot object to the divorce. After a 90-day waiting period, you can classify your divorce as contested or uncontested, and the process will continue from there.

Even if you cannot locate your spouse, if your marriage is under Washington’s jurisdiction your divorce is still filed as no-fault. If you have a domestic partnership, it is subject to nearly identical divorce proceedings. Many same-sex domestic partnerships were merged by law into marriage on Jun 30, 2014 and are subject to a marriage’s divorce proceedings.

If your spouse spent large sums on a mistress or intentionally destroyed joint property, the judge may take that into consideration and award you a larger settlement. However, this is not an indication of “fault.” If there is domestic violence or cruelty, civil or criminal charges would be separate from the divorce proceedings.

Even though Washington legally declares that your divorce is a “no-fault” situation, you are still entitled to a fair settlement. If you are planning to file for divorce, you may want to explore your legal options.