Washington State Divorce Legal Issues

People approaching Washington divorces are oftenhusbands pension." They might agree that in a
surprised by the deficiency of clear rules. Peopleparticular case $200.00 a week for child support
ask their lawyers, '' How much alimony do I havewould be unlikely. Lawyers who have appeared
to pay?'' ''How much child support will I owe?'' Howmany times before the same judge may acquire
long I will have to pay?'' How much of my pensionuseful generalizations. Much of this may be true
does she get?" With very few exceptions,indeed, but the truth is that you cannot depend
Washington Divorce Online has found that the lawon it. You may get a particular judge, or you may
itself cannot give you very precise answers toget that judge on a bad day, or your lawyer may
these questions.be wrong. Although most lawyers will sovereignly
Either you and your spouse will negotiate aforetell the outcome in court, few will guarantee
settlement between yourselves or a judge willyou the conclusion. You need to treat such
determine the arrangements for you. Inpredictions with healthy skepticism.
Washington State divorce cases, there are nowJudges understand that you can do a much
formal guidelines that the court must follow inbetter job of generating an agreement that
awarding child support. However, on most issues,works for you both, which is why they don't
judges are unfettered to implement their ownmeddle in a settlement agreement. Ultimately, the
discretion after hearing evidence, and thisWashington divorce law governing your
discretion extends even to child support guidelines.settlement agreement is what you together
You take your chances when you and yourbelieve to be fair and in the best interest of your
spouse go to trial. It can be a roll of the dice.family.
Most judges do their best to be fair andEvery uncontested Washington divorce form or
professional, but, like the rest of us, judges areWashington divorce decree must deal with five
susceptible to their own prejudices and biases. Ifbasic issues. These issues deal with: 1) alimony, 2)
you don't like the judge's decisions you will eitherproperty division, and, if there are children, 3)
learn to live with them or you can appeal to acustody, 4) visitation, and 5) child support. These
higher court, but few people ever utilize thefive issues must be determined by the divorcing
appeal process. Appeals are difficult to wincouple in order to obtain an uncontested divorce.
because the burden is on the person making theIf you and your spouse agree on everything and
appeal to prove to the higher court that the trialput it in writing, you have an uncontested
judge misinterpreted the law or abused theWashington State divorce; there is literally no
discretion permitted the judge by law. Even if youcontest. If there is any issue on which you
are one of the few who wins on appeal, all youdisagree, you have a contested divorce.
get most of the time is a new trial. The only wayInvariably, contested divorces center around one
to be sure that your Washington divorce meetsof the five issues of divorce: property distribution,
your needs is for you and your spouse toalimony, custody, visitation, and child support.
negotiate the resolution yourselves.When a divorce is contested, it is usually because
When you negotiate your agreement, youthe couple has not been able to agree on one or
negotiate a contract voluntarily. You sign itmore of the above mentioned issues.
voluntarily. You cannot decide that neither of youWhen a Washington Divorce petition is filed, the
will support your children, and you cannot subjectstate has several concerns that must be satisfied
your children to danger or neglect. But, withinbefore the divorce is proved up and approved.
very broad limits you are free to decide together,The state wants to know how the children will be
how you will resolve the issues at hand.supported, who will support them, and who is in
Settlement arrangements are negotiated in thecharge of them. The state is the parent of last
shadow of the law. That means, you negotiateresort. If children are abandoned, the state must
with an eye on what you think would happen ifprovide for them. Because it wants this role
you were to go to trial and let the judge decide.minimized, the state, through its courts, requires
Experienced lawyers often think they can predictthat provisions be made for children at the time
what would happen at trial. Washington Stateof the Washington State divorce. Thus the court
Divorce lawyers tend to develop a consensus orrequires an agreement or a court order specifying
sense of industry standards about the results ofthe duties and rights of each parent with respect
trials. They may agree that the judges "alwaysto raising and supporting the children.
give the wife half the house" or " a third of the