Category: Divorce Process

It’s not uncommon for divorces to become hot, conflict-riddled affairs. Emotions run high, feelings have often been hurt, and there tends to be a great deal of animosity and ill will.

All too often, threats and domestic violence rear their ugly heads, and participants must take steps to keep safe. In Washington, protection orders serve as a legal means of accomplishing this.

Types Of Protection Orders:

In cases where individuals require security from abuse, stalking, or harassment, it’s common to hear talk of restraining orders. This often leads to confusion.

There are multiple kinds in Washington. Each carries its particulars and fits specific circumstances, situations, and criteria. These are the most common varieties that apply to family law cases.

Domestic Violence Protection Order

A domestic violence protection order is the most common type and is used to guard against threats and assault.

With various applications, this protection order demands that the respondent not threaten or attack you, bars them from entering your home, or compels them to leave a shared residence.

If children are involved, it can award temporary custody to one parent and schedule visitation. This protection order can also grant you possession of personal property, such as the use of a vehicle, and even require the respondent to attend counseling.

Restraining Orders

While protection orders focus on safety and violence prevention, restraining orders are used more broadly. 

Most often filed as part of an existing case, restraining orders, aim to manage contact and conflict, but they also cover financial concerns like preventing asset depletion property issues, child support, spousal support, and more.

If you fear your spouse could drain a joint bank account or run up massive credit card bills, a restraining order can block that. Multiple types exist, ranging from a temporary order valid for 14 days to longer-term, even permanent, decrees.

No-Contact Order

While restraining orders are part of existing family law cases, a no-contact order is issued during criminal proceedings.

These most often occur in cases of stalking and harassment. They protect victims from contact by their harasser in any form, including in person, through a third party, or by phone, email, or social media.

No-contact orders are generally shorter in duration than other protection orders and shield you during an ongoing criminal case. A temporary order lasts 14 days, though the court can set a longer period or extend the safeguard indefinitely.

Anti-harassment Order

Most protection orders revolve around people with existing relationships—spouses, significant others, family members, and the like. A civil anti-harassment order, however, usually applies to cases of harassment that fall outside of those domestic bonds.

For example, this may occur in stranger-on-stranger stalking situations and other types of harassment or a dispute between neighbors.

These protection orders pop up most often in circumstances where a person faces harassment but hasn’t yet been threatened or assaulted. They’re designed to cut off this bad behavior before the situation escalates and becomes dangerous.

Related Reading: What Is A Guardian Ad Litem?

Violating Protection Orders

Violating protection orders comes with significant consequences.

Knowingly and intentionally infringing on most types carries an automatic arrest. Anti-harassment orders are an exception, though if the situation dictates, discretionary arrest remains a possibility in these cases.

From there, the court may levy one of several charges against the offending party. Depending on the specific details and nature of the infraction, these also include potential criminal indictments ranging from a gross misdemeanor to felony assault charges.

Contempt of court is also on the table for violations of most protection orders.

How To Get a Protection Order

Fortunately for people suffering abuse, threats, stalking, and other harassment, it’s relatively straightforward to get a protection order in Washington.

As with most legal matters, you start by filling out and filing the appropriate forms. While you can find them at your local courthouse, they’re also available to download online. The more detailed information you provide about your situation, the better.

If you are in imminent danger, you can request an ex parte hearing. These usually happen that day, without notifying the harasser, and a judge may issue a temporary protection order.

In ex parte cases, you may even be able to have the hearing via phone. From there, the respondent must be served—for safety’s sake, don’t try to do it yourself—and you may set a court date for a permanent protection order within two weeks.

Courts issue protection orders for many reasons, but the overall purpose is to guard people against harm. If you have questions about whether or not you need one, consider consulting an attorney.

Related Reading: Dealing With Abuse Allegations

It’s a basic question, but an important one and one most people want answered right away: How long does divorce take in Washington?

The minimum amount of time required to finalize a divorce varies from state to state. In some, like New Hampshire, it only takes a couple of weeks. Others, however, have a mandatory waiting period that exceeds six months.

Does Washington Have A Waiting Period For Divorce?

The short answer is: In Washington, divorce takes a minimum of 90 days. That’s the absolute minimum, but many take much longer.

The 90-day clock starts when you or your spouse file the divorce action. If you both agree on every aspect of your case, the judge may sign your divorce decree after the three months is up. Presto, your divorce is finalized.

But you have to agree on everything. This includes the division of assets and debts, child custody, child support, spousal support, and any other issues.

Unfortunately, not all divorces are so simple. Shocking, right?

The more you have to fight about, the more complicated the process becomes. With every disagreement, point of contention, and new wrinkle, the finish line gets farther away.

Why Can Divorces Take Longer Than 90 Days?

Contentious splits not only often require more time, but also additional expenses and resources.

The more complex the case, the more likely you are to require the services of a divorce lawyer.  When you add kids to care for and assets to divide, it prolongs the process, often by months or more.

But additional services aren’t limited to your attorney. You may need to enlist a variety of other professionals along the way. These are just a few types of experts you may need depending on the complexity of your situation and how contentious your divorce becomes.

Related Reading: Can You File For Bankruptcy During a Divorce?

Common Experts Needed in A Divorce Proceeding:

• • Guardian Ad Litem.
  • Forensic Accountant.
  • Financial Planner.
  • Home Appraiser.
  • Data Recovery Specialist.
  • Meditator or Arbitrator.
  • Private Investigator.
  • Special Master.
  • Parental Evaluation.
  • Process Server.
  • Vocational Evaluator.

Related Reading: How Is Debt Divided During A Divorce? In-Depth

The Waiting is the Hardest Part

So, 90 days is the minimum time it takes to divorce in Washington. As you see, however, many factors pop up to extend that timeframe.

If you can’t reach a settlement on your own or through mediation or arbitration, your case ultimately goes to trial. There a judge rules the case and determines the outcome. This, of course, takes a great deal of time. The courts commonly schedule trials months in advance.

On average, divorces that go to trial take over one year to finalize.

Related Reading: A House Divided: Splitting Up a Home in Divorce

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From the Radio

One of our founding partners, Rick Jones, regularly hits the airwaves on 102.5 KZOK, where he answers pressing family law questions from listeners.

Perhaps unsurprisingly, the question “How long does a divorce take in Washington” has come up. This call is a prime example of how a divorce can seem simple but ultimately take a long, long time.

Listen to the Conversation Below:

Caller: “Hi, I have somewhat of a simple divorce. [Audible groans in the background.] Coming up I have my discovery cutoff and in two weeks it’s the exchange of evidence. We don’t have any homes or children. However, when we split, she had me thrown out of the rental we had and moved in with her boyfriend [and] made a bunch of false statements in court documents.

“When I eventually filed for divorce, she quickly replied with a bunch more false statements. I’d like to know how I can present that on the discovery cutoff if I have to have my statement of evidence completed, or is that something I show up to court that day with the documents finished?”

Rick: “The first thing I’m hearing is, ‘I’ve got a simple divorce,’ yet you’re already up against your discovery cutoff, which means you’re getting to the doorstep of a trial. A simple divorce would have been done by now.

“Let’s switch gears to the middle question, which is what can I do about her making false statements or claims? And the question I really have is, are they anything relevant to the divorce? If she’s saying what a bad dude you are, it doesn’t matter, true or untrue. If all you have is assets and liabilities, Washington is a no-fault state.

“The third one is more procedural. By the time you get this close to the discovery cutoff–what that’s meant is to basically tell both sides, ‘Hey, if you want to get information, and you want the power of the court to go subpoena bank information or require something of the other person, that means you would have had to wrap it up by then.’ That’s what the discovery cutoff is.

“Then you fast-forward to that joint statement of evidence. Without getting too deep in the woods here, what’s required is that both [parties] present to the court prior to going to trial, so at least the issue is framed and nobody is getting surprised by what comes on at trial.”

Related Reading: How Can I Protect Myself During Divorce?

Email Question:

Listener: “First, thanks for doing this segment. I’ve been listening for a long time and you’ve helped so many people. It was always interesting information to me, but I honestly never thought I would have to use it myself.

“Well here I am, facing a divorce, and the one thing I haven’t heard you cover is how long the whole process takes. Honestly, I just want to get it over with and move on.

“What is the average time I should expect to be dealing with the courts and paperwork?”

Danny: “That’s a damn fine email there. I’m interested to know the answer myself, Rick.”

Rick: “First of all I want to give him a shout-back as well in terms of the thank you on this. I can’t tell you how much I appreciate the forum, to be able to give info like this that people need to have, even before they make the call to the attorney. Now on to the question.

“How long a case takes is really going to be dependent on how long either: It takes to reach a settlement between the two people, or go to ultimately a decision, meaning trial.

“At the start of any case, we’ll use Washington as an example, there is a 90-day waiting period. You can have everything agreed upon on day one when the case is filed, you do have to wait 90 days.

So the quickest a divorce can take is 90 days. Now, beyond that, King County schedules a trial right up front. The day you file they schedule a trial for about eleven months down the road.

“So if your case doesn’t reach a settlement, through all the tools, mediation, etc, and it’s still open, then that trial date approaches and ultimately that’s the end of your case. Even though it’s a judge-made decision and not one on your own.

Sarah: “Did you say eleven months?”

Rick: “Yeah, and that’s only if the original trial date is the one that stands. It’s not uncommon for one or both sides to seek an initial continuance, and it’s commonly granted by the court, which would push it off another four to six months. So it’s not uncommon for a contested divorce to last up to two years.“

Related Reading: Mediation Questions Answered

It’s true, divorce can be mean, nasty, and riddled with conflict. But that isn’t always the case. It’s possible for a couple to file a joint petition using a joinder and work together towards a common end.

Most people think of divorce as an antagonistic process. TV and movies have pounded the image of a husband and wife bickering back and forth, arguing about every last detail, into our collective mind. But if you can and want to cooperate to smooth out the process it is possible.

What is Joinder?

In a divorce, the two parties are the petitioner and the respondent. They are the one who initiates the proceedings and the one served with the summons and petition, respectively.

This is set up as an adversarial relationship. But if the two sides are in agreement about the terms, the respondent can sign a joinder or an Agreement to Join Petitions.

Essentially, the non-filing spouse joins the petition for the dissolution of marriage.

How To File A Joinder

Even in these cases, one party technically remains the petitioner and the other the respondent. When the divorce petition is filled out, the respondent must also fill out and sign the joinder.

The petition and the joinder must then be submitted at the same time.

Once you file the petition and the joinder, you and your spouse must wait 90 days before the court can finalize the split. (Every state has such a waiting period, in Washington, it just so happens to be 90 days.) After this period, you can apply for the dissolution of marriage and file a motion for judgment without an in-court hearing.

At this point, you must submit any orders for support. If you have children, you must also have a parenting plan laying out custody, visitation, and child support.

Unless there are disagreements about the settlement, if everything in your file is in order, the judge reviews your case, signs the appropriate forms and documents, and your divorce becomes official.

Related Reading: High Asset Divorce Mistakes

When Does A Joinder Work Best?

A joinder is designed to simplify and streamline the divorce process. By signing one, you and your soon-to-be ex state that you are on the same page. Ideally, there’s little conflict and you both have an idea of how to divide any property and move forward.

Like most other measures intended to shorten the divorce process, a petition with a joinder suits simple cases best.

This approach may be ideal for shorter marriages and those with no minor children. No kids means no long, tense custody battles or child support details to work out.

The same goes for situations where neither party seeks spousal support. The less complex and combative, the better suited the case is for a joinder.

A joinder may also work well in marriages with minimal shared property to divide.

A community property state, Washington views any assets, as well as debts, accrued during a marriage as equally belonging to both spouses. This doesn’t mean the courts split everything evenly, just in a fair, equitable manner. Division of property often complicates matters, so the less there is to divide, the easier the process becomes.

If both parties agree on who gets what, it’s still possible to make a joinder work even in divorces with extensive assets. It becomes trickier, but can still happen.

Related Reading: How Will Courts Divide Your Debt?

Is It Right For Your Divorce?

Whether or not you should sign a joinder may become a big question in your divorce. It’s a solid deal if you lay everything out in explicit detail and agree to all of the terms in front of you. On the other hand, issues may arise if that isn’t the case.

Make sure you account for the exact split of assets, if not, this can lead to problems in the future. The same is true when there are kids to deal with.

If the initial petition for divorce doesn’t include a parenting plan or the specifics of custody, visitation, and child or spousal support, you may want to think twice about signing. All of this can come back to bite you down the road if you’re not careful.

Unless you’re absolutely certain about the terms, a joinder may not be ideal for you.  You need to be acutely aware of what you’re getting and what you’re giving up.

It should be crystal clear how you will divide the assets and what financial obligations you will take on.

If you have to pay child support or spousal support,  know how much. If you agree to visitation, get the specifics on an official document.

A joinder is one way to simplify and streamline a divorce. If you and your spouse are on the same page and can work together to come to an agreement, great.

But if things aren’t entirely clear, or you have questions, it may be best to consult an experienced attorney. You may still go through with a joinder, but it never hurts to have a professional make sure the terms work for you. Your divorce has a drastic impact on your parental and financial future, it’s best to get it right.

Related Reading: Moving Out During Divorce – What You Need To Know

For most people, a house is the biggest purchase they ever make. This also makes it one of the main assets to divide during a divorce. Figuring out how to divide the marital home is often a close second when it comes to points of conflict. (Child custody remains the frontrunner.)

How Is A Home Treated in A Divorce?

Dealing with real estate can be tricky, especially if you still have a mortgage. Divorce doesn’t automatically change the contract you signed. Lenders still consider you and your spouse jointly obligated unless you sell or refinance.

So the question arises, how do you go about dividing the home in divorce?

Related Reading: Sweat Equity and Divorce Settlements

Valuing the Home

Unlike liquid assets, those you can quickly convert to cash with minimal impact on value, real estate poses unique challenges. Determining if one of you will stay in the home, accurately assessing the property value, distributing equity, and more all pop up.

There are three standard methods for determining the property’s value: the tax-assessed value, an appraiser, or an evaluation by a realtor.

Tax Assessed Value

This method is the least common and uses the property’s tax-assessed value. The tax-assessed value is usually the same as the property’s fair market value. This is the price for which a property should sell under normal market conditions.

It’s important to note that “normal” is subjective. Generally speaking, a normal market is one not in distress. Meaning there haven’t been a large number of foreclosures or other unusual circumstances that affect property prices within the market. And as you probably know, the market fluctuates a great deal.

An Appraiser

A real estate appraiser estimates property value by evaluating factors such as location, condition, and unique characteristics. Once the property has been evaluated, the appraiser determines the approximate value.

They consider the results of the evaluation, other factors, and recent sales of comparable homes. The cost to hire an appraiser varies, but expect to pay a few hundred dollars by going this route.

Evaluation by a Realtor

While the testimony of a realtor in regard to the valuation of a property is not admissible in a divorce trial, this is a common method of valuation. A realtor familiar with the market can evaluate the strengths and weaknesses of the property.

They use this to estimate the potential sale price on the open market. This can be the most cost-effective method of valuing the property, as some realtors provide this service for a nominal fee.

Other Reading: 8 Signs They Might be Hiding Assets During the Divorce

How Do You Divide the Home?

Once you determine the value of the property, you face additional challenges. Next up is to determine how to divide the home.

You also have several common options to accomplish this. Which strategy you choose depends a great deal on your specific circumstances.

• One method to divide real estate is for one spouse to buy out the other. This is clean and straightforward. However, it also requires a lot of capital upfront. If you just went through a divorce, that can be tough to come by.
• If neither spouse has a burning desire to remain in the house, selling is often a good choice. Once the property sells, the two sides split any profit. Again, neat and tidy. However, this option works best in a healthy real estate market and takes time.

Related Reading: How the Court Divides Debt in a Divorce

What If You Have Negative Equity?

Problems with selling a house arise if you’re unable to turn it around for more than you owe on a mortgage.

If the property has negative equity, you have to find another solution for dividing the debt. This often entails refinancing the property, loan modification, a short sale, foreclosure, or even filing for bankruptcy.

In this case, work with a financial professional or experienced attorney. Evaluate all your options to find the best course of action given your personal circumstances.

Related Reading: Ways People Damage Their Own Divorce Cases

If One Spouse Keeps the House

Often, one person remains in the home. There are a couple of ways this scenario often unfolds.

If one spouse retains sole possession of the home, the divorce decree should include stipulations for that person to refinance the property by a certain date. This removes the other spouse from the mortgage and lifts any further financial obligation.

These settlements often require the remaining spouse to compensate the other party for any accrued equity.

If your case involves children and custody, it complicates things even further, as so often happens.

If the custodial parent remains in the home with the children, which often impacts child support, spousal support, and more.

One common situation is that they remain in the house until the last child graduates high school. From there, you can sell the house and split any profits, one spouse can buy the other out, or you can come to another arrangement.

This is a rough outline of some factors and options used to distribute property when ending a marriage. It’s not exhaustive by any means. Real estate is complicated and there are numerous ways to divide a home in a divorce. As usual, it’s in your best interests to consult with an experienced professional.

Related Reading: How the Division of Property Works in Washington

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From The Radio

One of our founding partners, Rick Jones, regularly appears on the Danny Bonaduce and Sarah Morning Show. There he takes calls from listeners who have family law issues. In a few recent episodes, callers wanted to know how to protect her property in an upcoming divorce.

CALLER: “I’m thinking of leaving my husband. We don’t have any kids, but we do own three houses between us. One of them I owned before we got together, and one of them we bought together. The third my dad actually left me when he passed away earlier this year. I don’t really care about the house we bought together, but I’d like to know how to protect the other two that are mine.”

Rick: “The first thing I’m going to do is caution you to say things like you just finished with which is, ‘I really don’t care about the community house, but I want to protect these other two.’ You’ve got to look at all three. So in order to protect the two that are most important to you, you can’t just give away that third one.

“This is almost a classic bar-exam example of how to characterize an asset.

“There’s community property, which generally means it’s shared because you bought it during the marriage.

“There’s separate property, which is things like what you came into the marriage with. There can be a little confusion, because if you came into the marriage with a home that you still had a mortgage on, and you’ve had some equity that you paid down while married, there may be some community in-roads.

“Lastly, the house you inherited, especially if you inherited it free and clear, inheritance is definitely a recognized piece of separate property. So that should be a relative slam dunk for you.”

Other Reading:  Your Business is A Divisable Asset: Can You Protect It In Divorce?

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CALLER: “My wife and I have been married for about five years. Things are not going that well, as happens. We own a house together. Her parents gave us the down payment for the house when we got married as a wedding present and I have been making the payments on the house ever since. I would like to keep the house. You know, the real estate market being what it is. I’m just curious if I’m able to do that when we split up.”

Danny: “There’s a bunch of stuff going on there if I’m not mistaken. My knee-jerk reaction was, ‘Oh, buddy,’ But the second part is, ‘Couldn’t he buy that house?’”

Rick: “Well, there was a twist and a turn there. It’s a mixed bag a little bit. The good news is that one of you is able to keep the home. The last resort obviously is for you to order a sale, because both of you would eat the cost of sale associated with it. So now the question is a couple of things:

“Do either of you have a better opportunity? Can you argue that it’s separate property? The fact that you’ve been paying the mortgage, unfortunately, doesn’t help you, that’s not a feather in the hat.”

Danny: “It doesn’t help him get any of that?”

Rick: “What you’re paying it with is community funds. It’s his own income. It’s something that’s shared and shared alike between the two of you. Now my concern is for the down payment. To the extent it was truly a gift from the parents to husband and wife then you’re okay.

“Unfortunately, when you get into a divorce situation, sometimes truth morphs a little. So it may very well come out that the parents were ‘loaning this’ or giving it ‘to their daughter.‘”

Danny: “So if she fights, she’ll probably get that house then?”

Rick: “Well, I would say this. Even though that separate property argument exists for her, the biggest issue is which of the two of them is most in a position to continue to fund the home? Because if there’s any equity, understand that if you’re keeping the house, you’ve got to cash the other person out.

“To the extent that [he] is the breadwinner in the family, then yeah, he’s got a better opportunity of keeping it because not only will he be able to cash out, but he’s able to fund the house going forward.”

Related Reading: Boomers and Gen-X and Millenials Oh My: A Look At Divorce Rates By Generation

A number of questions come up all the time in divorce. One we hear frequently is: Are divorce records available to the public in Washington?

The short answer is yes, yes they are.

Like many documents, divorce records like divorce decrees and divorce certificates are a matter of public record. 

What this means is that, if you follow the proper procedure, just about anyone can access them. With that in mind, there are a variety of different ways to track down and access divorce records.

How Do You Access Divorce Records?

In most situations, no matter what tools you use, you need specific information. This includes, but isn’t limited to, the names, dates of birth, and the state where the divorce took place. The more information, the easier time you’ll have narrowing down your search and ensuring you find the right divorce records.

Though it is possible to find divorce records for free, if you want official copies, you’ll probably have to pay at least a few dollars. These fees range from roughly $10 on up, depending on the service.

Through The Government

The best way to obtain divorce records is most likely to go through a county, state, or district government body. Not only do these have the benefit of being official documents, but they also have the best databases available.

After collecting as much information about the divorce records you’re looking for, contact the Washington State Department of Health. In the Evergreen State, this is the department that handles issuing certified copies of vital records for marriage and divorce, as well as births and deaths.

Once you find the specific divorce records you’re looking for, you have to fill out a request form and pay a fee. After submitting the proper paperwork to the Department of Health then you wait.

Through A Private Company

Another popular option for tracking down divorce records is through a private company. A variety of databases and businesses exist, and the biggest benefit is convenience.

Most of these operate online and have a shorter turnaround time. In many cases, you’ll have to pay a fee and sign up for a membership of some sort, even those services claiming to be free.

Tons of different companies ply this trade, so you have various options. The downside of this is that some of them look shady and less than legitimate. Before going this route, do your homework. Make sure your information stays safe and that you’ll actually get results in return for your investment.

Online Resources

Since divorce records are public in Washington, sometimes all it takes is a Google search to track down what you’re after.

This method also has the decided advantages of being quick, easy, and free. You can, after all, tackle this on your own computer, on your own time, and from the comfort of your own home.

However, you may also encounter roadblocks to an online search for divorce records.

• • First, what’s out there and available online tends to be rather limited. You may not be able to find what you want.
  • When and if you do track down the specific divorce records, what you land on may be ineffective or inaccurate.
  • At best, it likely won’t be official in any capacity. If you’re solely interested in informational purposes, this may be fine. But if you need something certified, you should probably explore other routes.

As with the other search options, the more details you have, the easier it will be to narrow your online investigation. The internet is a big place full of tons of information, so having the names, states, dates, and any other facts goes a long way to establishing search parameters. So will a working knowledge of search engine best practices.

Related Reading: So Your Ex Won’t Follow the Divorce Agreement…

Difference Between Types of Divorce Records

When searching for divorce records, you have multiple options for what to look for. You can order divorce decrees or divorce certificates through the Washington State Department of Health. Though similar in some regards, they also have substantial differences.

Divorce Decree

A divorce decree is the court’s final ruling on the dissolution of a marriage. It grants the divorce and lays out the basic information regarding the split.

This includes everything from the case number and date to the terms and responsibilities of each party.

Usually, several pages long, the divorce decree contains the specifics of the division of assets and debt. It also includes details on child custody, visitation, child support, and spousal support if those factors play a part.

Divorce Certificate

On the other hand, a divorce certificate is much simpler. Basically, it is exactly what it sounds like, a piece of paper that officially states your marriage is over.

A single-page document, it contains the basic information pertinent to the case, like the names of the divorcing parties and the date the split became official.

Related Reading: What You Should Know About Protecting Your Business During Divorce

Why Do You Need These Documents?

Now that you’ve handled acquiring divorce records, there’s the question of why. Why might you look for divorce records? What do you use these documents for?

There are a number of reasons you might lead you to track one of these down. Ideally, once the deed is done, you’ll hang onto them, but we all know how important items often get lost or misplaced.

Name Change

After divorce, people often want to distance themselves from their marriage and change their name. If you want to change your name on the title of a vehicle or your state-issued ID, you may need a divorce certificate.

Remarriage

It’s not uncommon for people to remarry after a divorce. A divorce certificate serves as proof that you are no longer legally married. The government may require this in order to obtain a new marriage license.

Ancestral Research

Online resources make it easier than ever before to trace your family tree. People use divorce records to research family histories, search for distant relations, or learn more about the lives of their ancestors.

Legal Matters

Divorce decrees are the kind of divorce records you generally want to hold onto and keep safe. But again, that doesn’t always happen. A divorce decree lays out the terms of your split in explicit detail. If you suspect your ex of violating them, this is the first place to check before pursuing a court case.

As we said, divorce records are public in Washington. It’s amazing sometimes what is and isn’t public, and these documents are certainly out there and available. The hows and whys of tracking them down vary, but if you’re thorough and determined, you can find most anything you’re after.

Related Reading: What’s the Difference Between Divorce and Legal Separation?

In the hearts and minds of pet owners, their furry companions are very much family. This status as full-fledged family members, however, often becomes a major point of contention for divorcing couples.

Pet Custody in Washington

If the separating couple wants to share custody, who gets what time and when? Divorces on track to be amicable splits frequently turn into Thunderdome where only one spouse gets to leave with Fido.

Custody decisions for children are made in one of two ways. Either the couple creates and agrees upon a parenting plan, or they litigate the parenting plan in front of a judge.

In child custody cases the court’s primary responsibility is to act on behalf of the child’s best interest. In some cases, the child’s best interest is obvious. More complicated situations require multiple experts to evaluate both parents’ ability to provide the best environment for raising the child.

Pets, however, don’t fall into the same legal category as kids.

Family Member or Property?

While many people think of their pets as children, historically, the courts view them as property. As a result, they generally use the same rules for dividing property to determine what happens to them.

Washington State law considers pets personal property. From the court’s perspective, awarding shared custody (or visitation) of a pet is the same as if you shared custody (or visitation) of an iPad.

Anyone who has ever had a pet knows they’re more than simple property. You don’t have the same attachment or emotional bond with your most beloved possessions. Usually anyway.

Because of these deep connections with pets, sometimes the courts do pay them special attention. These circumstances stand apart from typical owner/property relationships.

When deciding who gets a dog or cat or guinea pig, the courts look at various factors. This can include things like:

• Who bought the animal?
• Does one partner serve as the primary caregiver?
• Who pays for food, vet bills, and other expenses?

These are just a few things a judge may look at when determining who gets pet custody after a divorce. That said, much depends on the circumstances. A sympathetic judge whose dog shows up in every holiday photo may treat a pet custody situation differently than another.

Related Reading: Can I Still Smoke Weed? Legal Marijuana and Child Custody

An Evolving Field

While the courts traditionally view pets as property, that’s changing.

Because pets have become such valued family members, laws gradually started to shift. It’s slow, as with so many legal matters, but change is on the way.

Multiple states have enacted statutes that treat animals differently than, say, a table lamp. They’re not viewed on the same level as human children, but they’re often no longer simple possessions either.

In fact, in 2021, New York passed a “pet custody bill.” This allows for divorcing couples to fight over companion animals in family court. (There is still a distinction between pets and agricultural animals.)

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So, Who Gets the Dog?

Or cat, or insert companion animal here.

Pet custody continues to change and evolve. But as we said, it’s gradual. In most cases, you either have to come to an agreement on your own or take your chances.

It’s in the best interest of pet owners, and the pets, if you reach an agreement amicably. Creating a “pet parenting plan” with your ex probably represents the easiest way to ensure you maintain your relationship with your furry friend. The problem is, unfortunately, these arrangements aren’t usually legally enforceable.

Some courts may take into consideration who is most closely bonded to the pet, while others may look to the source and date of payment to determine ownership. A divorce attorney will be able to explain in detail how the courts in your jurisdiction are likely to assign ownership.

If you are concerned about pet custody in your divorce, your first stop should be to talk to an experienced divorce attorney. They will be able to review the facts of your case and give you an idea of what your options are.

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