Frequently Asked Questions About Divorce In Tacoma

How are assets divided in a high net worth divorce in Tacoma, Washington?

Washington is a community property state, meaning all assets and debts acquired during the marriage are considered joint property, regardless of whose name is on the title. Property acquired before the marriage or through inheritance is usually considered separate property.

Courts aim for a “just and equitable” division, which may not necessarily be a 50/50 split but will depend on factors such as the length of the marriage, the financial situation of each spouse, and the contributions of each spouse – including nonfinancial contributions like caregiving.

High-value assets, such as investments, real estate, retirement accounts and business interests, require careful valuation and may involve forensic accountants or financial experts. Hidden assets are another common challenge.

What unique challenges do military personnel face when divorcing in Washington State?

Since state laws can affect the outcome of a divorce, the choice of jurisdiction is important, and there may be several options. In addition, the Uniformed Services Former Spouse’s Protection Act (USFSPA) permits the state to treat military pensions as marital property, but this is not automatic. There are also complex issues related to child custody and parenting plans because of the servicemember’s schedule and potential for deployment. It takes a skilled attorney to navigate these concerns successfully.

How does Washington law handle property division in a high-conflict divorce?

In difficult divorces where the conflicts are high, Washington courts may take a more active role in dividing property to ensure fairness. If there is a risk of asset dissipation or misconduct, the court may put temporary restraining orders in place to keep either party from transferring property to others or selling property while the divorce process is ongoing.

What are the residency requirements for filing for divorce in Tacoma?

There is no requirement that either spouse reside in the state for any length of time before filing their divorce petition. You only need to be a resident of the state when the petition is filed.

How can I protect my business assets during a divorce in Washington?

Absent a prenuptial or postnuptial agreement in place, a professional valuation ensures that there’s a fair assessment of the business’s worth.

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