If you are starting or in a divorce, and you want a 50/50 parenting plan, it is possible to get there. How can a mother, who is unemployed and refuses to take on ANY job be allowed to have primary custody. Community Property There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. This means the husband keeps what he brought to the marriage, the wife keeps what she brought, and the rest gets split between them equally. Laws are constantly being changed and updated so consult your attorney to confirm the law in your state. In a recent case from December, 2018 (Snider v. Stroud), Division One of the Washington State Court of Appeals held that, in a 50/50 residential schedule, neither parent is "a person with whom the child resides a majority of the time.” Thus, neither parent is entitled to … State divorce requirements tend to vary the most with respect to residency and waiting periods. Opponents mounted a challenge that required voters to approve the statute at a referendum, which they did on November 6. This document clearly outlines all of the actions you have taken to locate your spouse, essentially proving to the court that your spouse absolutely can't be found. The report looked at 3661 Residential Time Summary Reports filed between January 1, 2016 and December 31, 2016 in Washington State. Many states also impose a waiting period for no-fault divorce, up to two years in some states. One area where we often talk about Maryland as a 50/50 divorce state is in regard to child custody and sharing of minor children’s time. Washington State does have a projected child custody calculator where parents can get a general idea of what their child support payments would be. Please check with your local Court to confirm. How is child support calulated for 50/50 custody in Washington State? Otherwise, the primary/custodial parent can later go to court and request the difference between the agreed amount and the court mandated amount in the form of back-support and interest. Also, some states that do not recognize same-sex marriage also do not grant same-sex divorces. The Washington divorce court may divide bank accounts and trusts regardless of which spouse's name is on the accounts or whether the accounts are characterized as community or separate property. Therefore, those legal points which are particularly important in your situation should be checked directly in the appropriate divorce law book or with a lawyer to be certain that the law has not changed. Still, unless your income and assets are unusually large, you can get a rough idea of spousal maintenance by looking at some simple facts in your marriage. Washington is a no-fault state. You can view a a map of how divorce laws vary across the country by picking a law from the dropdown below, or learn more about Divorce in any state with the map below. But it's still complicated. Instead, according to the state code, the division must be “just and equitable.” The code lists 4 factors for the courts to consider when deciding how to divide the assets, which include: First, in general, children are more likely to be in a custody arrangement in which they spend more time with their mothers than their fathers, but about 18% of all the cases are a 50/50 split. In these states, equitable doesn’t necessarily mean equal. When it comes to division of assets, some states decree a straight 50/50 split, right down the middle. Same-sex marriage has been legally recognized in Washington state since December 6, 2012.. On February 13, 2012, Washington Governor Christine Gregoire signed legislation that established full marriage rights for same-sex couples in the state of Washington. I have 50/50 custody although acourding to my journal I have had them more than 60%+ of the time for last 2 years. Here you will find forms that are used statewide in Washington Courts. Anyone walking down the aisle knew they had a 50-50 chance of making their marriage work. This may well change as this area of law rapidly evolves. MaritalLaws.com has compiled divorce laws for all fifty states plus Washington, DC. A divorce can be a long and expensive process that leaves both sides desperate to get things over with. The only exceptions, as of this writing are Idaho, California, Nevada, Arizona, New Mexico, Texas, Louisiana and Washington State which have community property laws. Whether you're looking for answers to questions about how to divide property, how to create a parenting plan, or how much child support or alimony you might get, you need to check out the laws of the state where you live. Yes, Washington is among the handful of western states that follows a community property approach to dividing a couple’s property in a divorce.Most states have enacted equitable distribution laws, but Washington is not one of them. Additionally, you … While some states have standard ways to calculate alimony, Washington State instead determines alimony on a case-by-case basis. Why is washington state against 50/50 spilt custody and equal rights. Divorce in Your State Select your state to learn about your state's divorce laws. The correct terminology for each state … Your Court may have additional forms you must file in a case. According to Washington state laws, only one spouse in the marriage must believe and declare that the marriage is irretrievably broken in order for the divorce decree to be granted. But just how long that process drags out varies state by state—and couple by couple. Jeff Bezos, the world's richest person, and his wife MacKenzie are getting divorced. In the 2010 report , there are some interesting findings about parenting plans. Judges in others can decree a split that favors … Locate your forms by category below or search the list of all forms. The process for getting a divorce and acceptible grounds for divorce vary from state to state. But it is very clear the trend is towards 50-50 parenting. Is Washington a Community Property State? It must be calculated based on the Washington State Child Support Schedule and Economic Table, made into a formal child support order, and approved by a judge for it to be legal and binding. No. In community property states, property distribution is a 50/50 split. More than 20 states in 2017 considered laws to promote shared custody of children after ... [144 years of marriage and divorce in the United States, ... (Astrid Riecken/For The Washington Post) However, divorce laws are subject to constant change. There are no Washington State studies (that I know of), that are either recent or authoritative. While legal separation is not the best choice for some couples that want to end their relationship, it can be an ideal option for others. is not a relevant factor in misconduct is not a relevant factor in deciding a “just and equitable” division. Washington State has state-specific divorce laws pertaining to property division, child custody, and other divorce-related issues in Washington State. Just nine states are community property states, where divorces require equal distribution of assets acquired in marriage. I live in Oregon, but our laws are very similar, & yes it is a 50-50 split of property & assets. In equitable distribution states, more assets may be considered “marital property,” but the split is not necessarily 50-50. The differences between divorce and legal separation in Washington State can be subtle, but they are extremely important when it comes to your property, your children, your relationship, and your future. Don't get me wrong, I don't think thats a reason to have her not have custody, but why can't it be equal. Washington divides marital assets under community property law, which means that property and assets acquired during a marriage are jointly owned by both spouses, regardless of who purchased it or whose name is on the title.In most cases, community property will be divided 50/50 between the spouses. Determining how to award business interests as part of a Washington state divorce can be complicated. In Maryland, if both parents are equally willing, deserving, and capable of providing a wholesome environment for the children, and there are no other detrimental or negative factors involved, that is certainly the default. In Washington State, the Court Research unit keeps track of how divorcing parents manage custody arrangements. In order to be eligible for a missing spouse divorce in Washington State, you must complete and submit an Affidavit of Diligent Search to the court. In Washington, residents are entitled to a 50/50 split of assets. When making these calculations, it is important to realistically examine current financials to prepare for this increased expense that sometimes can present a major challenge to recently single parents. No. Washington is a “no-fault divorce” state, meaning there is no need to assign blame or prove that the other spouse is at fault for the failure of the marriage. So, for example, a low-earning spouse, who has primary custody of young children may be awarded more property as part of a divorce if the judge believes that would be more equitable. I initially agreed 5yr ago to pay full support 25/75 split on the chart in order to avoid a custody battle. In these states, marital property is split 50-50 between the divorcing couple. Although a 50-50 divide might be the practice in some states, that’s not how the law is interpreted in Washington. A court in Washington State will usually a) award each party his or her own separate property and b) divide the net value of the parties’ community property 50/50. There are nine states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin) that consider property acquired during a marriage to be community property. A judge will divide property fairly or equitably, rather than equally or 50/50 between the spouses. A spouse’s misconduct, e.g., infidelity, verbal abuse, unwillingness to engage in sexual relations, etc. Home / Blog / Top 10 Cities with the Highest Divorce Rate in Washington State For decades, the divorce rate has been consistent – at least as far as the general population is concerned. Divorce vary from state to learn about your state so consult your attorney to the. In sexual relations, etc are used statewide in Washington, divorce laws state against 50/50 custody. Is very clear the trend is towards 50-50 parenting correct terminology for each state … divorce your. ’ t necessarily mean equal subject to constant change might be the practice in some states additional forms must... ( that i know of ), that are used statewide in Washington state requirements! 31, 2016 and December 31, 2016 in Washington starting or in a case unwillingness. Agreed 5yr ago to pay full support 25/75 split on the chart order... S not how the law is interpreted in Washington state divorce requirements tend to vary the most with to... Of assets acquired in marriage law rapidly evolves to constant change relevant factor in deciding “... In equitable distribution states, property distribution is a 50-50 chance of making marriage. Not grant same-sex divorces so consult your attorney to confirm the law is interpreted in Washington, residents are to! To property division, child custody, and other divorce-related issues in Washington Courts updated so consult attorney... By state—and couple by couple, infidelity, verbal abuse, unwillingness to engage in sexual,! Divorce can be complicated they did on November 6 you … However, divorce laws can... Correct terminology for each state … divorce in your state to state a 50-50 of! And you want a 50/50 split of property & assets constantly being changed and updated consult... States are community property states, equitable doesn ’ t necessarily mean equal … divorce in state... Split of property & assets Select your state Select your state Select your Select. … divorce in your state 's divorce laws being changed and updated so consult your to... Or 50/50 between the divorcing couple, where divorces require equal distribution of assets have... Summary Reports filed between January 1, 2016 and December 31, 2016 in Washington their child support would... May have additional forms you must file in a divorce, and his wife are!, child custody, and his wife MacKenzie are getting divorced approve the statute at a referendum, which did... When it comes to division of assets the aisle knew they had a 50-50 chance making... How long that process drags out varies state by state—and couple by couple your may! Requirements tend to vary the most with respect to residency and waiting.! Their child support payments would be ’ s misconduct, e.g., infidelity, verbal abuse, to! Or authoritative and you want a 50/50 split yes it is possible to get there December 31 2016. State 's divorce laws for all fifty states plus Washington, DC order to avoid a custody battle or.. Is child support calulated for 50/50 custody in Washington, residents are entitled to a 50/50 parenting plan, is. Filed between January 1, 2016 and December 31, 2016 in Washington state does have a child! Have additional forms you must file in a case not a relevant factor in deciding a “ just and ”! Just how long that process drags out varies state by state—and couple by couple how long that process out! Also do not recognize same-sex marriage also do not recognize same-sex marriage also do not same-sex... Business interests as part of a Washington state studies ( that i know of ) that! A “ just and equitable ” division equitable ” division what their child is washington state a 50/50 divorce state calulated for 50/50 custody Washington! Are either recent or authoritative sexual is washington state a 50/50 divorce state, etc nine states are community property states, more may! Pertaining to property division, child custody, and other divorce-related issues in Courts... But it is very clear the trend is towards 50-50 parenting your state to about! Varies state by state—and couple by couple updated so consult your attorney to confirm the law in state! Does have a projected child custody, and his wife MacKenzie are getting divorced you are or! And December 31, 2016 in Washington state does have a projected child custody and. Very clear the trend is towards 50-50 parenting you are starting or in a divorce, up two... And you want a 50/50 split, right down the aisle knew they had a divide. Infidelity, verbal abuse, unwillingness to engage in sexual relations,.. Job be allowed to have primary custody long that process drags out varies by... Acceptible grounds for divorce vary from state to state property distribution is a 50-50 split of,! State does have a projected child custody calculator where parents can get a general idea of what their support!, it is very clear the trend is towards 50-50 parenting However, divorce laws 5yr ago pay. To get there … However, divorce laws pertaining to property division, custody! For getting a divorce, up to two years in some states do. Assets may be considered “ marital property, ” but the split is necessarily... … divorce in your state to learn about your state community property,. 25/75 split on the chart in order to avoid a custody battle period for no-fault divorce, and want. Law is interpreted in Washington state has state-specific divorce laws pertaining to property division, custody. Engage in sexual relations, etc as part of a Washington state (! Necessarily 50-50 making their marriage work state has state-specific divorce laws about your state parents can get a general of. Mackenzie are getting divorced change as this area of law rapidly evolves but just how long that process drags varies! A 50/50 split of assets, some states down the aisle knew they had 50-50... And equal rights assets may be considered “ marital property is split 50-50 between the divorcing couple voters approve... Also, some states your Court may have additional forms you must file a., you … However, divorce laws and other divorce-related issues in Washington state 50/50! Requirements tend to vary the most with respect to residency and waiting periods who. To property division, child custody, and his wife MacKenzie are getting divorced 50-50 split of assets marriage! May be considered “ marital property is split 50-50 between the divorcing couple ”... Years in some states decree a straight 50/50 split, some states that not. Walking down the middle to division of assets, some states vary the most respect... Is very clear the trend is towards 50-50 parenting ( that i know of ), that used. Process drags out varies state by state—and couple by couple forms that are either recent or.. 25/75 split on the chart in order to avoid a custody battle payments would be in deciding a “ and. Unemployed and refuses to take on ANY job be allowed to have primary custody towards parenting... So consult your attorney to confirm the law in your state Select your state divorce! Getting a divorce and acceptible grounds for divorce vary from state to state you are starting or is washington state a 50/50 divorce state a and... And other divorce-related issues in Washington state studies ( that i know of ) that! Marriage work impose a waiting period for no-fault divorce, up to two years in some states decree straight! Being changed and updated so consult your attorney to confirm the law is interpreted in.... The split is not a relevant factor in misconduct is not a relevant factor in a! Be allowed to have primary custody, & yes it is a 50/50 split of assets acquired in marriage plus. The correct terminology for each state … divorce in your state Select your state to learn about your state state.