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Seattle Family Law Blog

What to expect when divorce litigation is necessary

When a Washington couples divorces, there are a number of ways that they can proceed with the dissolution of their marriage. One approach is to work in a collaborative manner to iron out the details of the divorce, and then present a written agreement to a family court to finalize the process. This, however, involves a degree of cooperation and communication that is simply not possible among many divorcing couples, and it is a rare couple who can complete their divorce in this manner.

 

Other spouses turn to medication to complete their divorce, and rely on legal information provided by the mediator to reach agreements on their own regarding child custody, property division and other issues. For many couples, however, the end of their marriage is not a time in which cooperation or collaboration is a possibility, and they complete the process through litigation. When considering litigating a divorce, there are a number of things to keep in mind.

Weathering the emotional response to a Washington divorce

Divorce marks a significant life event for everyone involved. Even in cases in which both parties agree that the union should come to an end, the transition from married to single can still bring on a negative emotional response. Researchers have identified some of these emotions brought on by divorce as anger, anxiety, frustration and despair. The degree to which a Washington spouse may experience these or other emotions is completely unique, and is in no way abnormal.

Individuals cannot control their emotional reaction to the end of their marriage. They can, however, determine the manner in which they will respond to those emotions, and strive to make the best possible choices in their actions. For many who experience a negative reaction to divorce, self-soothing behaviors are one way to cope. Financial self-soothing is the act of spending money in an attempt to relieve emotional distress. It is rarely a positive approach, however, and can lead to serious financial harm.

Important things to expect in your upcoming divorce experience

The fear of the unknown is what causes the divorce jitters. Once you're familiar with what you can expect, you'll likely be able to handle the dynamics more confidently. In Washington and elsewhere, the things to expect in a divorce, along with some tips on how to relate to them, are fairly universal principles. These ideas were written by a female divorce coach, but they can be helpful to both men and women.

If you have younger children, that may likely be your primary worry. You may see your kids unhappy, angry and frustrated. Talk to them regularly, without emotionalism and with adult understanding. Don't stoop to name-calling or ridicule of the other parent. Tell them that you understand their feelings, and remind them always that it's not their fault.

Certain factors may be a tip-off for making the divorce decision

How do you know whether you're ready to get a divorce? Filing for a divorce, whether you reside in Washington or another state marks an emotionally traumatic transition. One psychotherapist writes that her ready-to-divorce clients usually realize a sense of doom, almost like death, overtaking them. However, no one can advise another-- it's a personal decision that may or may not register for any particular person under the circumstances. The therapist gives some suggested pointers below to help you decide.

Indeed, divorce will carry regrets. There are too many ties, memories and obligations to make it a smooth ride. And, in some cases it's painful to transition the children. One thing is for sure: many people contemplate and regurgitate their feelings for a while prior to coming to a decision.

Best divorce practices for Washington residents

When it comes to divorce, there are a number of errors that spouses can make during the various steps of the process. While some of these missteps are obvious, many others are not, and it is the rare divorced person who would say that they would not go back and change at least a few of their decisions if they could. For those in Washington who are preparing to file for divorce, the following tips could greatly improve the overall experience and the eventual bottom line.

Perhaps the most important tip is to adequately prepare. This means fully documenting the financial situation of each party and the family as a whole. Income, assets and debts should be assessed, and documentation of these accounts is imperative. By gathering this information at the outset of the process, parties are not only better prepared to negotiate, they are also likely to limit the legal fees that can add up when attorneys do not have all of the information needed to move forward.

Washington parents take notice of publicized child support case

Child support continues to be an ongoing battle and issue for parents across the nation. Washington parents have probably read about a recent story involving a U.S. Representative and his ex-wife. They were back in court to resolve issues over the last few child support payments for their youngest child.

In 2011, his ex-wife was asking for an alleged $100,000 in child support, but that was settled for an unreported amount. Even so, it became a target for his campaign opponent. He lost the November election. It is the Representative's position that his ex-wife still receives 20 percent of his paycheck for child support each month.

Child support amount in Washington reflects many factors

There are many issues that face people as they work through the divorce process in Washington. For those of us who are parents, some of the most important of these issues are child support and custody decisions. In our state, child support is determined using factors such as the incomes of the parents and the amount of time that the kids spend with each of them during the year.

The parent who spends the most time with the kids is called the custodial parent. In most cases, it is this individual who receives child support payments from the non-custodial parent of the child. The decisions as to child custody come either through negotiation between the parents or a court order that is issued when parents cannot agree.

Child support can be raised based on paying parent's income

It's interesting that when a person appears in a reality show, his or her every personal action thereafter becomes fair fodder for publication, even after the so-called reality star ceases to perform. One of the latest to be microscopically examined despite having 'former' star status is Sheree Whitfield. It's reported that she successfully battled her ex-husband over child custody of their two children, and is now going for back child support payments. In Washington and elsewhere, the amount is based on several factors, including income, expenses and other facts impacting the needs for support or the ability to pay.

She recently made a child support demand in court for back payments due from her ex-husband, Bob Whitfield, which resulted in a court award of $75,000 in back payments. When payments get that far behind, enforcement proceedings usually occur but it may be that the arrears here were accrued during the parties' now-completed child custody battle. If the father gets behind again, the mother can file a request to have the father brought in for enforcement proceedings.

Washington divorce and negotiation for settlement agreement

Readers in Washington know that when a couple decides that they want to end their marriage they face many issues. Some of these include entering into negotiations for the division of property and decisions regarding spousal maintenance. In some instances these negotiations aimed at achieving a final divorce agreement can become contentious.

The good news for spouses seeking a divorce is that as many as 95 percent of couples that end their marriage do so without court intervention. However, the court can become involved in cases where spouses are unable to agree as to terms for spousal maintenance and property division. The court may require evidence such as bank statements, financial accounts and income information as the process moves forward.

Washington child support collections may attach lottery winnings

Child support is mandatory once it is ordered in Washington. Noncustodial parents are most often ordered to pay for child support as a divorce proceeds. These payments typically last until the child reaches the age of majority, though they are subject to modification by the court that issued them.

When a non-custodial parent fails to pay child support, they can face court hearings and penalties. Collection efforts can be made by the custodial parent or state agencies tasked with such efforts. Many noncustodial parents who have fallen behind in their obligations find that they are the subject of garnished wages or intercepted tax refunds.

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