Divorce Lawyers

Protect your financial interests from the moment you decide to file:

• Open individual bank accounts in your name only
• Obtain credit in your own name (credit card, small loan)
• Close or freeze joint credit cards to prevent new charges
• Document all assets: bank accounts, retirement accounts, investments, real estate, vehicles, valuables
• Document all debts: mortgages, car loans, credit cards, student loans, personal loans
• Gather tax returns for the last 3-5 years
• Secure important documents (birth certificates, passports, insurance policies, estate planning documents)
• Do NOT hide assets, destroy documents, or make large purchases or transfers—this will damage your credibility with the court

When Maintenance Is Awarded

Washington courts consider the factors in RCW 26.09.090 when determining spousal maintenance, including:

• The financial resources of each spouse
• The time needed to acquire education or training for employment
• The standard of living established during the marriage
• The duration of the marriage
• The age and physical/emotional condition of each spouse
• The ability of the paying spouse to meet their own needs while paying maintenance

Types of Spousal Maintenance

Calculating Amount

Washington does not have a statutory formula for calculating maintenance. However, a common rule of thumb used by attorneys and judges is:

This is a guideline, not a guarantee. Judges have broad discretion, and the actual amount will depend on the specific facts of your case.

Modification

Maintenance can be modified if there is a substantial change in circumstances, such as job loss, significant income change, retirement, remarriage of the receiving spouse, or cohabitation. The party requesting modification bears the burden of proof.

Tax Treatment

Post-2018 divorces: Maintenance is NOT deductible by the payer and NOT taxable to the recipient (Tax Cuts and Jobs Act).

Pre-2019 divorces: Maintenance is deductible by the payer and taxable to the recipient, unless the decree has been modified to adopt the new rules.

Parenting Plan Components

Washington does not use the term "custody." Instead, the court enters a "parenting plan" that addresses:

• Residential schedule: Where the child lives on each day, including weekdays, weekends, holidays, school breaks, and summer
• Decision-making authority: Which parent makes major decisions about education, healthcare, and religious upbringing
• Dispute resolution: How parents resolve disagreements (mediation, arbitration, court)
• Transportation and exchange: How and where children are transferred between homes
• Communication: Phone, video, and electronic contact with the non-residential parent
• Relocation provisions: Notice requirements if either parent plans to move

Best Interests Standard (RCW 26.09.187)

The court considers:

• The strength, nature, and stability of the child's relationship with each parent
• Each parent's past and potential future performance of parenting functions
• The child's emotional needs and developmental level
• The child's relationship with siblings and other significant adults
• The child's involvement in school and community activities
• The wishes of the parents and the child (if the child is mature enough)
• Any history of domestic violence, abuse, or neglect

Common Residential Schedules

• Every-other-weekend: Primary parent has child most of the time; other parent has every other weekend and one midweek evening
• 5-2-2-5: One parent has Monday-Tuesday, other has Wednesday-Thursday, weekends alternate
• 2-2-3: Similar to 5-2-2-5 but with shorter rotations for younger children
• Week-on/week-off: Children alternate full weeks with each parent
• School year/summer split: One parent during school year, other during summer (common for long-distance arrangements)

Washington State Child Support Schedule (WSCSS)

Washington uses a standardized formula under RCW 26.19 to calculate child support based on:

• Combined net income of both parents
• Number of children
• Each parent's proportionate share of income
• Residential schedule (credit for overnights)
• Healthcare costs and childcare expenses
• Other children from different relationships

Deviation from Standard Calculation

Courts may deviate from the standard calculation based on:

• Sources of income and tax planning affecting income
• Non-recurring income (bonuses, overtime)
• Debt and high expenses
• Residential schedule (more than standard credit)
• Children from other relationships
• Special needs of the child

Modification

Child support can be modified if there has been a substantial change in circumstances, such as a significant change in either parent's income, changes in the residential schedule, or changes in the child's needs. Generally, a change of 25% or more in the support amount qualifies for modification.

The Washington State child support calculator is available online at www.courts.wa.gov to estimate your potential support obligation or entitlement.

Impact on Divorce Proceedings

Domestic violence affects virtually every aspect of a divorce case:

• Custody: A finding of domestic violence creates a rebuttable presumption against awarding primary residential time to the abusive parent (RCW 26.09.191)
• Property Division: Courts may award a larger share of community property to the victim spouse
• Maintenance: DV history is a factor in spousal maintenance determinations
• Protection Orders: Can restrict the abusive spouse's contact, possession of firearms, and access to the family home

Domestic Violence Protection Orders (DVPOs)

A DVPO can order the respondent to:

• Stay away from the petitioner and children
• Move out of the shared residence
• Surrender firearms
• Have no contact by any means (phone, text, email, social media, third parties)
• Attend treatment programs
• Temporarily award custody to the petitioner

Criminal DV Charges During Divorce

When domestic violence charges coincide with divorce proceedings, having attorneys who handle both family law and criminal defense is critical. Statements made in one proceeding can affect the other. We coordinate strategy across both cases to protect your interests.

If you are in immediate danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.

Mediation

A neutral third-party mediator helps both spouses reach agreement on contested issues. The mediator does not make decisions—they facilitate negotiation.

Benefits:

• Less expensive than litigation
• Faster resolution
• More control over the outcome
• Confidential (not public record)
• Less adversarial—better for co-parenting relationships

Drawbacks: Not appropriate when there is a significant power imbalance, domestic violence, hidden assets, or when one party refuses to negotiate in good faith. Each party should still have their own attorney to review any mediated agreement.

Collaborative Divorce

Each spouse hires a collaboratively trained attorney, and both parties sign an agreement to resolve all issues without going to court. If the collaborative process fails, both attorneys must withdraw and the parties must hire new counsel for litigation. This creates a strong incentive to reach agreement. The process may also involve financial specialists, child specialists, and divorce coaches.

Arbitration

A private arbitrator (often a retired judge or experienced family law attorney) hears both sides and makes binding decisions on contested issues. Arbitration is faster than trial, more private, and allows the parties to choose their decision-maker. However, the right to appeal is limited.

Community vs. Separate Property

Washington is a community property state. Property acquired during the marriage is presumed to be community property. Property owned before marriage, or received as a gift or inheritance during marriage, is generally separate property. However, separate property can become commingled with community property if not carefully maintained.

The Marital Home

The family home is often the most significant asset and the most emotionally charged issue. Options include: selling the home and dividing proceeds, one spouse buying out the other's interest, or one spouse retaining the home (often the primary residential parent) with an offset from other assets. The court considers the children's stability and each spouse's ability to maintain the home.

Retirement Accounts (QDRO)

Dividing retirement accounts (401(k), pension plans, 403(b)) requires a Qualified Domestic Relations Order (QDRO)—a court order that directs the plan administrator to divide the account. IRAs are divided by "transfer incident to divorce" and do not require a QDRO. The portion of retirement benefits earned during the marriage is community property; benefits earned before or after the marriage are separate property.

Debt Division

Community debts incurred during the marriage are divided equitably, just like assets. This includes mortgages, car loans, credit card debt, student loans (if used for community benefit), and tax obligations. A spouse may be responsible for debts they did not personally incur if the debt was for community benefit.

5 Tips to Protect Your Custody Rights

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  Stay involved in your child's life. Attend school events, doctor's appointments, extracurricular activities, and parent-teacher conferences. Document your involvement.
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  Follow all court orders exactly. Do not deviate from temporary orders, even if you believe they are unfair. Violations undermine your credibility with the court.
• 
  Keep communication civil and documented. Use email or a co-parenting app (OurFamilyWizard, TalkingParents) for all communication with your spouse. Never disparage the other parent in front of the children.
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  Do not move out of the family home without legal advice. Leaving the home can affect your custody position. Consult with an attorney before making any changes to the living situation.
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  Avoid social media posts about your case. Anything you post online can and will be used against you in court. This includes photos, check-ins, complaints about your spouse, and comments about the case.

If you are in an abusive relationship and considering divorce, your safety is the first priority. Before taking any legal action:

• Create a safety plan with a domestic violence advocate
• Secure important documents (IDs, financial records, children's records) in a safe location outside the home
• Contact the National Domestic Violence Hotline: 1-800-799-7233
• Consider obtaining a Domestic Violence Protection Order (DVPO) before or simultaneously with filing for divorce
• Do not tell your abuser you are planning to leave until you have a safety plan in place

Our attorneys handle DVPOs and divorce simultaneously. We understand the intersection of family law and criminal law when domestic violence is involved, and we coordinate both sides of your case.

If you are in immediate danger, call 911.

1. Moving out without legal advice. Leaving the home can affect your custody position and your claim to the property. Always consult an attorney first.
2. Hiding assets or income. Courts take financial dishonesty extremely seriously. If discovered (and forensic accountants usually find hidden assets), you will lose credibility and may face sanctions.
3. Posting on social media. Photos, check-ins, comments, and complaints can all be used as evidence. Assume opposing counsel is monitoring your accounts.
4. Involving children in the conflict. Using children as messengers, interrogating them about the other parent, or disparaging the other parent in front of children will damage your custody case.
5. Refusing to follow temporary orders. Even if you disagree with temporary orders, violating them can result in contempt of court and will undermine your position.
6. Making major financial decisions without legal advice. Do not sell property, empty accounts, take on debt, or make large purchases during divorce proceedings without consulting your attorney.
7. Dating before the divorce is finalized. While Washington is a no-fault state, introducing a new partner can complicate custody disputes and inflame settlement negotiations.
8. Representing yourself in a contested divorce. The financial and custodial consequences of divorce are too significant to navigate without experienced legal counsel. What you don't know can cost you.