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 is a definition for marital status. Marital status refers to the lawful recognition of the agreement between a man and a woman to be husband and wife. Along with the legal marital status of being married, the husband and wife acquire rights and obligations to their respective spouses. The rights and obligations begin when the couple is married and may continue, to a certain extent, even after the termination of the marriage. A family lawyer can help you further define marital status in your state.