Family Law News

If the husband and wife negotiate an agreement, the court will probably approve it. If no settlement is reached, the court will decide how to divide the property. Property settlement agreements are binding and generally cannot be modified.

Property division is generally made without regard to marital misconduct; instead, a court considers:

nature and extent of community property;
nature and extent of separate property;
how long the parties were married;
financial position of each party: whether each spouse is employed and self-supporting; entitlements to social security and profit-sharing plans;
who is going to pay the bills; and
special circumstances.
A special provision of Washington law requires the court to consider whether a parent should be allowed to continue living in the family home so the children do not have to be moved.

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	Did You Know?
	There are legal requirements for being married? As in all areas of family law it is wise to consult with your lawyer. The legal requirements for a man and a woman to marry vary from state to state. Although there are differences between the requirements in the various states, a marriage between a man and a woman performed in one state must be recognized by every other state under the Full Faith and Credit Clause of the United States Constitution.