Going through a divorce is one of the most stressful events you will likely face in your life. In addition to the emotional turmoil you are likely experiencing, many decisions must be made to protect your future.
Coming to terms with your spouse on certain issues can be difficult. Fortunately, an experienced Lynnwood divorce lawyer can help. At Dellino Family Law, we have been guiding people through the divorce process and other family legal matters for over a decade.
We are ready to help you handle the challenges a divorce presents and secure an agreement that meets your needs. Contact us by phone or through our online contact form to schedule a consultation with one of our Lynnwood family lawyers today.
Reasons You Need a Divorce Attorney in Lynnwood Today
While it is always easiest if you and your spouse can come to terms regarding a divorce agreement without issues arising that you cannot agree upon, this rarely happens. Even in amicable divorces, there are usually some issues that are harder to solve.
Having an experienced attorney by your side can be critical for achieving an outcome that aligns with your goals.
Uncontested Divorces
Even in cases where both parties can agree on everything from the division of assets to custody terms, hiring a divorce lawyer is still critical for ensuring that all of your paperwork gets filed accurately.
An experienced divorce attorney serving Lynnwood will complete and file all the paperwork correctly and on time. Your lawyer can also look over the terms you and your spouse agreed upon to ensure you have a clear understanding of the legal implications and how the divorce will impact your life.
Contested Divorce
The need for a divorce lawyer is even more pronounced in a contested divorce, as you need someone who will fight for your interests. A contested divorce can become nasty if you and your spouse cannot negotiate terms that you can both agree upon, either directly or through mediation.
In these cases, the court will decide how to resolve the issue. Your lawyer can represent you in court and ensure your rights are protected as they argue your case.
Conditions for Granting a Divorce in Lynnwood
Washington is a no-fault divorce state, which means that either spouse can petition for a divorce even if neither party committed a specific offense that violated the marriage.
As long as one spouse believes the marriage to be irretrievably broken, a divorce can be granted. However, there are certain conditions that must be met before a divorce can be finalized.
To get a divorce in Washington, at least one spouse must be a resident of the state, and the filing spouse must intend to remain in the state. Furthermore, a 90–day waiting period is required between filing the divorce petition and the divorce being finalized.
In cases involving minor children, parents will also generally be required to attend a parenting education course as part of divorce proceedings. This course helps educate parents about the impact their divorce will likely have on their children and provides guidance related to co-parenting.
Issues You Must Address During Divorce Proceedings
When going through a divorce, there are many issues to resolve before the divorce can be finalized. The specific issues involved depend on the particulars of your situation and your relationship with your spouse. Divorces involving children are far more complex than separations of childless spouses.
Division of Assets
How your assets will be divided after your divorce is an issue present in every proceeding. If you have a prenuptial agreement, this division will likely be clearly defined and easily settled. Meanwhile, without a prenup, the court will generally aim for an equal division of assets unless you and your spouse come to a mutual agreement.
Some of the information that will be taken into account when dividing your assets includes any property that belonged to either spouse before the relationship began and any possessions that clearly belonged solely to one party or the other during the marriage.
Child Custody
If you and your spouse have children, child custody is one of the most significant and difficult issues to address. When determining custody, you need to address both the issues of physical custody and legal custody.
Physical custody refers to where the child lives and the regular contact each parent will have with them. Legal custody determines the rights each parent has to make decisions regarding the education, health, religious upbringing, and more. If you can not come to terms on custody with your spouse, the court will decide the issue.
When assigning custody, the court may grant joint physical and legal custody to both parents, sole custody to a single parent, or something in between. Many factors will be considered in making this determination, including:
- The age of the child
- The relationship the child has with each parent
- The ability and willingness of each parent to co-parent the child
- The cognitive ability of the child
- The developmental needs of the child
- The ability and willingness of each parent to meet the needs of the child
- Any history of domestic abuse or sexual violence by either parent
- The wishes of the child if they are 14 or older
Child Support
Once child custody has been addressed, the issue of child support will need to be resolved. The most important factor when considering child support is who has primary custody. In the majority of cases, the parent with primary physical custody is paid child support by the non-custodial parent.
Factors such as the financial status of each parent and the needs of the child will be considered when determining how much money will be awarded in support.
Spousal Support
Separate from child support is spousal support or alimony. This support can be awarded in a divorce with or without children. Spousal support is typically only granted for marriages that lasted several years. It usually only applies if one party earned significantly more money than the other.
Some factors the court will consider before determining spousal support include:
- The length of the marriage
- The income of each spouse at the time of separation
- The future earning potential for both parties
- The lifestyle enjoyed by each spouse during the marriage
- The age and health of both parties
- How your assets were distributed
- Whether either party gave up a career to support the other, or your children
- Whether either party committed domestic abuse or another form of misconduct during the marriage
Reach Out to a Knowledgeable Divorce Lawyer Serving Lynnwood Today
Securing the services of an experienced Lynnwood divorce lawyer is critical for protecting your interests during a divorce and making the process as smooth as possible. At Dellino Family Law, we have over 180 years of combined experience that we will draw on to help with your case.
Contact us by phone or through our website to schedule your case evaluation today.