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  • Signs They May Be Hiding Assets During Divorce

    With divorce looming on the horizon, it’s important to get your proverbial ducks in a row. Particularly when it comes to finances.

    During the process, you and your soon-to-be-ex need to provide records of income, assets, debts, and all the rest. These will then be divided according to the law based on various factors.

    You may be tempted to try to hide some of your valuables. That, however, has serious consequences if you’re found out, including fines, contempt charges, and even jail time.

    But what if your ex tries hiding assets? It’s all too common for people to squirrel treasures away when divorce is imminent. It can help protect your rights and your financial future if you know how to look for certain red flags.

    Signs They May Be Hiding Assets During Divorce

    This is not an exhaustive list by any means, but here are some common signs your ex might be hiding assets. These don’t automatically mean that’s the case, but if you see one or more of these, it might be worth closer examination.

    1. Self-Employment

    Being a business owner isn’t in and of itself a warning sign of hidden assets. That said, if your ex owns a business, it does provide creative opportunities to conceal money.

    Be wary of drastic changes in reported income and unexpected increases in operating costs.

    Purposely running a business into the ground may signal something is amiss. Not letting you access the business’s financial records may also tip you off.

    If either of you owns a business, it makes divorce that much more complicated. There are many specific concerns and potential consequences you face in that situation. It may even impact business partners. In these situations, it’s likely in your best interest to talk to an experienced professional.

    2. Income/Lifestyle Discrepancy

    If your ex lives large, but claims to have no money, or reports an income below the poverty line, that may indicate something is awry with the financial disclosure.

    If your ex buys a new car or vacations in Cabo, only to assert there’s no money, keep an eye open.

    Additionally, changes in how much or how often your spouse contributes to family expenses can be a warning sign of hiding assets.

    Related Reading: How Does Divorce Mediation Work?

    3. Changes in Deposit/Withdrawal Activity

    If you notice sudden changes in banking activity, it might be worth taking a closer look. Patterns shifting after years of consistency and predictability may indicate your ex has something to hide.

    It isn’t uncommon for spouses to make cash withdrawal or to start diverting money into new accounts when a divorce is inevitable.

    Cash transactions are more difficult to track. Thanks to this, it’s an attractive avenue for people trying to stash assets out of view. Once cash is removed from an account, it can be tucked away in any number of places until the divorce is final.

    Related Reading: Rebuilding Your Finances After Divorce

    4. Overly Assertive About Financial Documents

    If your ex insists you sign important financial documents immediately, it may signify an attempt to hide assets. Pressuring you to act quickly may be a strategy to get you to overlook something significant.

    This can encompass everything from wanting to be added to property via title or asking you to sign quitclaims that release interest in titles or accounts.

    Don’t give in to the pressure and don’t sign anything just because it’s easier. Take the time to read all documents. If you don’t understand them, find someone who does, the more experienced the better. This is important whether you think your ex is hiding assets or not. Either way, your financial future hangs in the balance, make sure to do things right.

    Related Reading: The Cost of Divorce in Washington

    5. Secretive About Finances

    Is your ex being secretive about finances or getting cagey when you ask about bills, expenses, income, or spending? Sure, some people don’t like to talk about money, but that may also be a red flag that someone is hiding assets.

    You can help yourself by paying close attention.

    Keep an eye on credit card statements and monitor credit reports before, during, and after divorce. Spouses commonly max out lines of credit or open new accounts.

    People often accumulate clothes, jewelry, and other expensive items on joint accounts. Depending on the situation, this debt may be divided in the divorce, and you may wind up on the hook.

    Related Reading: How to Split Debt in Divorce

    6. Sudden Change in Business Profitability

    Again, businesses offer a variety of ways for people to try to hide assets during a divorce. If a business has been profitable but then takes a sudden, drastic downturn, it may be a red flag.

    Keep an eye on reports of record losses or skyrocketing costs. This may require a closer look.

    Overstating expenses and understating income are two methods of making a business appear less profitable, and thus less valuable than it is in reality.

    Related Reading: How Is A Business Divided in A Divorce? Can You Protect It?

    7. Gifts

    Giving gifts of cash or assets to family members is a common way people try to hide assets in a divorce. If your spouse starts handing out money or property to friends or family before filing for divorce, those assets may be out of reach when it comes to the division of property.

    This is especially challenging when it comes to overseas relatives. Money held in offshore accounts can be particularly difficult to locate and even harder to recover. If you suspect your spouse is trying to hide assets in an offshore account, you may need to hire a detective who specializes in financial fraud.

    Related Reading: Is Inheritance Considered Separate Property in Divorce?

    8. Unfamiliar Financial Institutions

    Divorce or not, pay attention to bank statements, credit card bills, and other financial documents. That’s just basic money management.

    If you start seeing documents from financial institutions where you don’t have accounts, take note. This may indicate your spouse opened new accounts and is trying to move funds from joint accounts to one you can’t access.

    Finances are complex under normal circumstances. As with most things, divorce only further complicates the matter.

    If you suspect your spouse is hiding assets, it’s vital to consult a professional. An experienced divorce attorney knows what to look for, how to handle these situations, and can help secure your financial well-being in the future.

    Related Reading: Moving Out During Divorce: What to Know *Before* You Go

  • Divorce After A Brief Marriage

    As a general rule, the longer the marriage, the more complicated the divorce. The other side of that coin is that in shorter marriages, ones without kids and with little shared property to divide, divorce can be relatively simple.

    But what about a really, really, really brief marriage?

    Our founding partner, Rick Jones, regularly stops by the Danny Bonaduce and Sarah Morning Show, where he talks all things family law. One caller realizes her new marriage isn’t a good fit and, rather than cling to something, wants to nip it in the bud.

    No matter the length of a marriage, the steps to begin the process remain the same. Along the way, other things pop up that take more time. Much more in some cases. But whether you’re talking about a quickie Vegas wedding or a 50-year union, it all starts in the same spot.

    Related Reading: Costs Of A Divorce In Washington State

    Listen to the Conversation About Brief Marriages Below:

    Caller: “I recently got married and realized it’s not working out; it’s not a great fit. How do I start the divorce process?

    Rick: “Well, first of all, I commend you for recognizing it’s not going to work out. So many times I’m hearing from somebody who’s ten, 15 years in and they say, ‘You know, I knew this wasn’t going to work out.’ The reason why I say that is from a legal perspective the issues are likely to be far more simple. My guess is there are no children involved?”

    Caller: “No.”

    Rick: “That also tells me that the finances are likely to be simpler as well. There hasn’t been an accumulation of community property. So the basic answer to your question of ‘How do you start this?’ is you file what’s called a Petition For Divorce with the court.

    “It starts the clock running, and as long as you two can come to an agreement within 90 days–90 days is the waiting period [in Washington State]–that’s when you can get this finalized.

    “There are a couple of ways to do it. Certainly, the best way is to hire an attorney. It shouldn’t be a hugely expensive venture because of the simplicity of it.

    “Another way to do it: there are several online options–especially ‘Washington Divorce Online‘–that are able to create and draft documents for you at an even lesser cost. And then thirdly, you can do this yourself.

    Danny: “So that’s for people that have an uncomplicated divorce? If there is such a thing.

    Rick: “Yeah, it needs to be an agreed-upon divorce. So many people use that phrase, ‘uncontested [divorce],’ but a lot of times they don’t use it properly. An ‘uncontested’ divorce truly means that the two of you have full agreement. So what you’re really doing is you’re asking somebody to draft documents to reflect your agreement.

    Related Reading: Should I Represent Myself?

  • The Most Common Reasons for Divorce

    While people divorce for their own reasons, larger themes emerge. Though the specifics may vary in each case, there are common reasons for divorce.

    Filing for divorce represents a difficult but often necessary choice. It requires thought, consideration, and support. Many people grapple with this major decision, feel isolated, and struggle with their reasons for wanting to end a marriage.

    If this is you, don’t worry, you’re not alone.

    5 Most Common Reasons For Divorce

    Most often, you don’t divorce for a single reason. One or the other may be the biggest reason you end a marriage, but in most cases, multiple problems combine to destroy a relationship. There is a lot of crossover, and these issues often combine to make others even worse.

    1. Communication

    Communication issues are often one of the first signs of marital trouble.

    These problems range from trouble expressing your feelings to a complete lack of interaction.

    If you and your spouse struggle to communicate, it’s often beneficial to seek outside help. Couples counselors or therapists may offer advice and help overcome communication challenges.

    If your communication difficulties are insurmountable and you decide to end your marriage, you must remain civil during your divorce. Inflammatory and hurtful interactions complicate many cases and make the entire process more problematic.

    2. Financial Stress

    Finances are often among the most contentious topics in a marriage. Money woes are also cited as a common reason for divorce.

    Money problems kill more marriages than almost any other factor.

    Financial issues often compound stress and push couples past the point of reconciliation. If you are considering divorce due to financial challenges, take the time to educate yourself before making a final decision.

    Not only is divorce expensive, but it also impacts your finances in many other ways. You may have to move, cover all the bills from a single paycheck, or pay child or spousal support. It even changes how you file your taxes.

    It’s important to understand the facts before you file. If you have questions regarding money and divorce, speak with a family law attorney with experience in divorce. They’ll help assess your situation and advise you on how to proceed.

    Related Reading: 8 Signs They May Be Hiding Assets

    3. Infidelity

    Adultery is painful and destructive. Along with money problems, infidelity is one of the most common reasons for divorce.

    Some marriages can withstand cheating, however, many can’t.

    If infidelity motivated you to consider divorce, working with a therapist can be beneficial. Trained counselors can help you work through emotional issues and evaluate whether or not your marriage is repairable or if divorce is truly your best option.

    While it ruins many relationships, infidelity doesn’t impact the process as much as many people expect. Washington is a no-fault state. This means neither party officially bears responsibility for a failed marriage.

    Even though Washington is a no-fault divorce state, if adultery impairs parenting ability, negatively affects your finances, or has a proven tangible influence, it may factor into the final divorce settlement. May is the keyword.

    4. Addiction

    Battling addiction increases the odds that a marriage will end in divorce. Many studies show statistical evidence that marriages struggling with dependence issues are exponentially more likely to end this way.

    Be it alcohol, drugs, gambling, or something else, such compulsive behavior often destroys a marriage.

    Addiction usually doesn’t appear alone. It often leads to communication issues, such as when your spouse hides their affliction. If your partner pilfers your bank account for a fix, that also causes money problems. Drugs and alcohol frequently also lead people to make poor decisions, like cheating.

    These are serious issues that shouldn’t be taken lightly. If you and your spouse deal with addiction, it’s vital to get the necessary help. This may mean counseling or rehab, or talking to a divorce lawyer.

    Educate yourself on how your unique circumstances affect your divorce case. This enables you to protect yourself and make the best decision for you and your family.

    Related Reading: How Does Marijuana Use Affect Custody?

    5. Differences in values

    People change and evolve over time. When it comes to couples, they don’t always move in the same direction. Or maybe what began as a difference of political opinion or belief you thought wasn’t a big deal, became one.

    Our values and beliefs are deeply embedded in who we are as a person.

    Couples often realize after marrying that their values and belief systems are incompatible. You may have looked past something because you were so in love and excited to begin a shared life. Later, once that’s faded, you may not be able to overlook an issue you once did.

    Or perhaps, after years of marriage, you look at your spouse and don’t recognize the person you see. This incompatibility also often leads to conflict and ultimately leaves couples headed in different directions.

    These irreconcilable differences are common reasons for divorce.

    Whatever your reasons for divorce, it is important to understand how they may impact the process. Some cause more of an uproar than others. Know your rights, understand how your circumstances affect your case, and learn as much about the process as possible. This is a tough decision, but one that hopefully helps you find happiness in the future.

  • How Is Child Support Calculated in Washington?

    Going through a separation, divorce, or custody dispute can be stressful. Determining how child support is calculated in Washington only adds to that strain.

    Parenting plans and support arrangements are complex areas of law, and a plethora of issues often arise in their resolution. One facet of child custody that raises many questions is: How does Washington calculate child support?

    Before tackling what factors impact support payments, we first need to understand what the term means.

    What Is Child Support?

    child support infographic washingtonPaid by one parent to the other, child support is designed to help maintain and care for a child. Part of a parent’s legal duty to support their kids, these payments cover the necessities.

    Child support is often a continuing issue in divorce and child custody cases. Every situation is different, but there is a general formula for calculating the final amount.

    This includes providing:

    • Food.
    • A safe place to live.
    • Clothing.
    • Medical care.
    • Child care.
    • Other basic needs.

    A parent’s ability to pay also factors into the child support award. The court considers each party’s income and the children’s needs. This amount is called the basic support obligation, usually a monthly payment from the noncustodial parent to the custodial parent.

    Related Reading: What Is A Parenting Plan? What’s In It?

    How Is Child Support Calculated in Washington?

    The Washington State Support Schedule provides the standard basis for calculating child support. The court uses this formula to define its terms, lay out the specifics, and calculate the final amount.

    The child’s age plays a significant role. After age 12, the court may modify the amount to account for the added expense of raising a teenager.

    Both gross and net incomes impact how the court calculates child support. However, net income, the money taken home after taxes, ultimately determines support payments.

    Related Reading: Average Divorce Costs In Washington

    What Constitutes Income?

    The number the courts look at to calculate support payments is your after-taxes net income. This is also known as your take-home pay.

    In addition to wages, the court accounts for:

      • Tips.
      • Bonuses.
      • Unemployment and disability benefits.
      • Dividends.
      • Interest.
      • Commissions.
      • Public assistance.
      • Social Security/pensions.
      • Rental income.
      • Prize winnings.

    They also make allowances for:

      • Taxes.
      • Tax deductions.
      • Insurance.
      • Union dues.
      • Mandatory retirement contributions.
      • Funds owed to any other dependents.

    Will My New Spouse/Partner’s Income Impact Payments?

    While only your income and that of the custodial parent are included in the calculation, the court may account for your overall financial situation.

    This is exceedingly rare, but in specific circumstances, the court may consider a new spouse or live-in partner’s income.

    What If Payments Don’t Cover All the Expenses?

    The basic support obligation may not cover all of the child’s expenses. In some instances, the court may order the parents to share some costs.

    When it comes to uninsured medical expenses, insurance premiums, daycare, education, and long-distance transportation, parents often split payments.

    How Long Do Payments Last?

    In most cases, support obligations end when the child turns 18 or graduates from high school, whichever occurs later.

    In some circumstances, the court awards post-secondary support. This continues financial support after their 18th birthday or graduation, sharing the financial burden of college or other educational endeavors.

    Generally, you must file the petition for post-secondary support prior to the child turning 18 or graduating high school.

    In cases where a child can’t care for themselves mentally or physically, the court may also order continuing support. As with post-secondary support, you must also address this ahead of time.

    Related Reading: When Does Child Support Go Past 18?

    What If I Can’t Afford The Payments?

    There are situations where the court may set payments below the basic support obligation. These come with stiff penalties, however, if you don’t pay.

    You may qualify for a reduction if:

      • You fall below the federal poverty line.
      • The amount is more than 45% of your after-tax income.
      • You support other children.
      • If you split custody or have significant visitation.
      • You meet other qualifications.

    What if you need to modify your support order?

    In cases where a parent suffers financial hardship and can’t make support payments, the court may provide recourse to accommodate the circumstances.

    Most common of these is the loss of a job. This represents the most frequent reason for a change in economic situation.

    The court requires documentation that proves unemployment or a drastic change in income. Otherwise, they assume you will make payments as usual. You’re also expected to actively seek another source of income to meet the obligation.

    Even if you can show an extreme, long-term income drop, the court often still requires parents to continue making child support payments. Once in place, they’re reluctant to change these orders, so it’s best to ensure you’re comfortable with the payments before anything becomes final.

    Related Reading: Modifying a Child Support Order

    These are just a few of the many questions and issues surrounding child support and its calculation in Washington.

    As you see, it can be a complex endeavor that depends on many factors. In cases like these, you may be best served by hiring an attorney with experience in this field to guide you through. Whatever money you spend now may save you much more down the road.

    Related ReadingWhat Is The Division Of Child Support?

  • How Major Purchases Can Hurt Your Divorce

    If you’re going through a divorce, you may want to hold off making major purchases until the process is over. Here’s why.

    Divorce can be intricate and tricky. Especially regarding the division of property. Different states handle this part of the process in different manners.

    Can You Make Large Purchases During A Divorce?

    When it comes to breaking up assets, Washington, for example, follows a community property model. Resources, or debts, are split equitably between both parties.

    As this is the situation, you may want to delay making any big purchases until you finalize your divorce. Such spending often has a substantial impact on your divorce settlement.

    Community Property, Major Purchases, And Divorce

    Community property is a fairly straightforward concept. In this mode, the state considers all assets acquired during a marriage, even things held in one individual’s name, as the property of both spouses.

    In the case of divorce, this means that it can all be divided in an equitable fashion between both of you.

    This doesn’t mean an even split or that everything is doled out 50/50. Ideally, the division will be handled so each party comes out on a relatively even footing.

    Spouses work with each other, with mediators, or with the court, to agree on how to divvy up the shared assets in a fair and balanced way.

    Related Reading: Dividing Debt In Washington State

    If You Make A Purchase During Divorce

    Divorce comes with many expenses. This includes attorney’s fees, court costs, changes in tax status, and more. There are, however, other expenditures that also occur.

    If you make a big purchase while your divorce is pending, in some circumstances, under community property statutes, this may be included when it comes to the division of property.

    Various factors come into play in this ruling, like financing, where the funds to make the purchase originate, and what you buy.

    Depending on what you purchase, it may even look bad for you in the eyes of the court. For instance, if you’re fighting about things like child or spousal support and claim you can’t afford to make payments, buying expensive items raises questions.

    Can You Buy A Car During Divorce?

    Maybe you need a new car to shuttle the kids around. Or maybe a move results in a longer commute and you need a vehicle with better gas mileage.

    It’s one thing if you upgrade to a safer, more reliable car in which to transport your children or get to work. But If you run out and drop a bunch of money on an unnecessary car, however, you’ll have some explaining to do.

    Related Reading: No-Fault Divorce: What It Means For You

    If Your Spouse Makes A Purchase During Divorce

    Just as any big purchases you make may impact your divorce proceedings, those made by your spouse can have a similar effect.

    If your soon-to-be ex-wife claims she needs spousal support, but buys an unnecessary or impractical new car, or something of that ilk, it may reflect poorly on her.

    If you worry about your spouse spending communal money on big-ticket items from joint accounts, it may be possible to prevent this. In some cases, the court implements a temporary financial restraining order.

    While this measure still allows for the purchase of normal, regular necessities, when it comes to more substantial expenditures made from shared funds, it requires approval from both parties.

    Related Reading: Rebuilding Finances After Divorce

    The Impact Of Purchases Made During Divorce

    The fact that Washington is a community property state often impacts how the court views purchases made during the divorce. Where the money spent comes from also colors how they look at and classify purchases.

    If you or your spouse use shared funds to pay for an item, it will likely be looked at as a community asset and may be taken into account when the court rules on the distribution of property.

    What this usually means is that, if your spouse spends a significant sum on material goods, you will likely be given a larger portion of the remaining assets in order to offset the new acquisition.

    The opposite may be true if you are the one spending money in this fashion.

    While this is the case if a purchase is made with joint funds, if you use separate assets, the court may approach the item differently.

    For example, if your spouse uses premarital reserves, the court will most likely view this as an independent property.

    Along the same lines, after establishing a date of separation, the law considers each spouse’s income an individual resource. Any purchases made with that money will likely also be looked at as autonomous.

    In Washington, however, the court does have the power and authority to divide such separate property. This occurs when trying to achieve a more equitable end result.

    Related Reading: The Average Cost of Divorce in Washington

    Financing Purchases During Divorce

    Most major purchases are financed. While it looks like your spouse went on a reckless spending spree during your divorce, maybe they didn’t.

    Whether or not financed purchases factor into the division of property varies a great deal on a case-by-case basis.

    If a down payment came from joint funds, the court will likely consider this when splitting up assets. It may be viewed as pre-divorce property and treated as such.

    On the other hand, if that same down payment came from an individual source, that changes things. The court may opt to ignore this and award the item in question, and any future payments, to the purchaser.

    Related Reading: How to Protect a Business in Divorce

    Refinancing and Divorce

    It’s always worth noting that divorce does not change any loans or contracts you and your spouse entered into while married.

    If you bought a car or house, have regular payments, and both of your names are on the financial documents, the terms still apply equally to both of you. Just because you split up doesn’t automatically alter any preexisting deals.

    In the division of property, one party may be ordered to take care of a particular payment. Your name, however, remains on the record.

    In situations like this, if your spouse is awarded a house, car, or another high-value item you’re still paying off, your best bet is to have your ex refinance and remove your name. Any missed payments while your name remains on a loan impact you and your credit score. Even if the court orders your ex to make them.

    People often write the requirements into the final divorce agreement. Some divorce decrees specify that you or your spouse needs to rework a particular loan by a specific date.

    However, don’t take this for granted. Just because the court orders it, doesn’t mean your ex always makes payments or refinances loans. If they don’t, it can come back to bite you. This has a big impact on your finances, so make sure to keep an eye out.

    Related Reading: Who Pays for College After Divorce?

    Understand the Impact

    While it will likely be necessary to make some significant purchases during your divorce, understanding how they may influence the process is important.

    Remember, if you buy something during your divorce, in Washington, there is the possibility of losing it in the distribution of property.

    There are ways to ensure that such purchases cause as little havoc as possible. It’s simple, really. Stay away from impulse buys, think spending through in a calm, logical manner, and stick to necessities.

    If you absolutely must buy a big-ticket item with community funds during the divorce, talk to your attorney or work out a deal with your spouse.

    Related Reading: Rebuild Finances and Protecting Your Credit Score During Divorce

  • Keeping Custody Exchanges Civil

    Custody exchanges following divorce are often tough. No matter how bitter and hostile the process of ending your marriage was, if you have kids, you’re going to see your ex for at least a few minutes when picking up or dropping off.

    These tend to be difficult moments full of swirling emotions. All too often they erupt in conflict. It’s important to do what you can to minimize the fighting, for everyone’s sanity, but most importantly, for your kids.

    How To Deal With Tense Custody Exchanges

    Depending on how the parenting plan shakes out, you may potentially encounter your ex a few times a week. In the best of times, these custody exchanges are awkward. But there are things you can do to minimize the potential for friction.

    Here are some other ways to help smooth out custody exchanges.

    1. Make Exchanges in Public

    Many people are less likely to cause a scene if there are other folks around. You can use this to your advantage.

    Select a neutral spot where your ex is less likely to start a fight—though admittedly, some people will fight anywhere. A centrally located park or mall both offer good options. So do restaurants, coffee shops, and even supermarket parking lots.

    2. Bring A Witness

    Just like some people are reluctant to cause a stir in public, they may also behave better with a witness. Especially if it’s someone they know.

    Consider bringing a mutual acquaintance along for the custody exchange. A trusted friend who remains connected to both of you is often ideal.

    A third party may help smooth things out or just speed things along. And if the situation does turn dangerous, it never hurts to have someone there to see it all. Though let’s hope things aren’t that far gone.

    One caveat: If you have a new romantic interest in the picture, maybe don’t bring that person. This depends a great deal on just how much animosity there is, but a new significant other tagging along may cause more trouble than it’s worth.

    3. Preparation

    If you and your ex can’t be in the same room without fighting, don’t prolong the amount of time you have to spend together. Get everything together ahead of time. Preparing in advance makes things go faster and can smooth over potential rough spots.

    Whether for a quick overnight or a week-long vacation, make sure clothes, medications, school books, and anything else the kids need is ready to go. If they can’t live without it, pack it up.

    This also cuts down the chances of a late-night call or visit from your ex. And if you can send the kids right out the door, no one has to stand around waiting while you track down a lucky pair of pajamas.

    4. Custody Exchanges At Daycare

    Sometimes the best option is not to see your ex at all, and there are ways to accomplish this.

    One practical strategy many parents employ is to make custody exchanges at daycare or with a babysitter.

    Schedule things right and your ex drops the kids off and you pick them up. Or vice versa. Using child care as a kind of weigh station often cuts down on the fact time you have to endure with your ex.

    Communication and clear scheduling are key in these situations, but this approach often helps limit friction, contact, and conflict.

    5. Custody Exchanges At School

    Just like using daycare to trade off, you can use school to assist with custody exchanges.

    The concept is essentially the same as above: one parent drops the kids off in the morning, while the other picks them up in the afternoon.

    Executed properly, exchanges at school often limit face-to-face time with your former spouse.

    Again, like with child care, this takes communication. Not only do you and your ex have to be clear on the schedule, but this is the type of arrangement schools like to know. It’s less of an issue with teens and older kids, but administrators generally want to be aware of these plans.

    6. Alternate Forms Of Communication

    Visitation, overnight stays, and vacations are complicated enough. Add soccer practice, after-school robot club, and the myriad other activities kids participate in into the mix, and it turns into a logistical nightmare.

    No matter how much you’d rather not, if you have kids, you and your ex have to have at least some level of communication. Especially when your situation involves custody exchanges.

    Fortunately for many parents in this situation, modern technology presents alternate means of staying in touch. You can email, text, or use instant messenger. Online tools like Our Family Wizard and others offer scheduling services and co-parenting help.

    You can download apps on your smartphone. If you have friends or family members willing to help out and run messages back and forth, that’s also a possibility.

    After divorce, you may never want to see your ex again. If it’s just you, that’s fine. However, if you have kids, that’s not a realistic option. Custody exchanges are likely to be a fact of life. But there are ways to cut down on conflict and friction in these situations.

    Related ReadingWhat Does a Parenting Plan Include?

    Safe Exchange Zones

    In less-than-optimal circumstances, custody exchanges can devolve into open conflict. If things are bad, these meetings may even turn dangerous.

    More and more cities have started providing “Safe Exchange Zones.” Essentially, the police designate an area, be it parking spots or the lobby of a police station for strangers to meet up and exchange money or goods from websites like Craiglist. This can also be used for custody exchanges.

    Related Reading: Seattle Police Department Offers Safe Havens in Precinct Lobbies

    In Osage Beach, Missouri, they established a “Safe Exchange Zone” specifically for child custody exchanges.  Essentially, the police designated two parking spots in front of City Hall for parents to meet up.

    The area is under 24-hour surveillance seven days a week. Though they still recommend using good judgment, like meeting during daylight hours, they intend to provide a safe space for custody exchanges.

    Under the watchful eye of law enforcement, parents are less likely to cause a scene or do anything illegal. This is one way to keep things civil and ensure everyone plays nice.

    Hopefully, your situation doesn’t require police supervision, but there’s often still some level of friction.

    It may be a hard and a huge hassle, but it’s worth it for the sake of the kids. And to be honest, it’s also beneficial for your peace of mind and well-being.

    Have a plan in advance, be as efficient as possible, and make sure to communicate as clearly as you can. Do it right and it’ll all be over in a few minutes and everyone can keep their emotions in check. It’s better for everyone that way.

    Related ReadingGuardian Ad Litem: What You Need to Know

  • How Do You Get Divorced If You Can’t Find Your Spouse?

    Divorce gets complicated and stressful in relatively short order. There’s a lot to consider. Collaborative divorce, mediation, a do-it-yourself approach. These elements all add unexpected wrinkles. But what if you can’t find your spouse?

    Can you still divorce if you don’t know where your spouse lives? How do you end a marriage if you can’t find your soon-to-be-ex?

    Luckily, you do have options.

    Fortunately, Washington is a no-fault divorce state. This means the government can’t and won’t force you to remain married. It requires a few additional steps, but it is possible.

    Can You Get A Divorce If You Don’t Kow Where Your Spouse Is?

    Yes, though this makes things trickier. Fortunately, you can proceed with a divorce if your spouse is MIA.

    In Washington, you need to initiate a case with the courts. This is the first step no matter the situation.  It’s the next step where things become more complex.

    Once you file the initial divorce paperwork, you must serve the other party. It’s easy to see how you might have trouble with this if you can’t find your spouse.

    Still, you must try.

    You need to do your due diligence in attempting to locate your spouse. Put in the leg work and make an earnest, good-faith effort. Once you exhaust all possible avenues, then the case can move on.

    It’s important here to document your efforts. You need to prove to the court that you tried.

    Collect evidence that you put in the time and effort. If you hire a private investigator, keep records. Check their last known residence and last known employers. If you request DMV records, save them. Keep track of all your moves.

    Related Reading: How Do I File For Divorce In Washington?

    Motion to Serve by Publication

    After exhausting all possible ways to find your spouse, and documenting your quest, then the time comes to move forward.

    If you can’t locate the other party, you file a “motion to serve by publication.”

    Before you submit this, however, the court must approve this measure. Hence, why you need to show that there are no other options.

    Once the court gives you the go-ahead, you then place a public notice of your intention in an acceptable outlet.

    This usually means a local newspaper or one where your spouse was last known to live. Most publications like this have a section dedicated to legal notices of this sort.

    Once you publish this notice, if you still receive no response after the allotted time, you move on by filing a “motion for default.”

    Related Reading: Jurisdiction: Where You File For Divorce Matters

    Motion For Default

    When you can’t find your spouse, filing a motion for default is the next step.

    After you’ve shown that your spouse is nowhere to be found, and that you put in the effort to find them, this asks the court to grant you your divorce.

    If the court approves this measure, it essentially means they grant all your requests. You generally receive everything you asked for in the original divorce petition because no one showed up to oppose it.

    Even though this sounds fairly straightforward, you still may want to consult a divorce attorney. They’ll guide you through the process and make sure you check off all the right boxes.

    You don’t want to put in a ton of effort only to have a judge deny your motions.

    Or worse, you don’t want to do a half-hearted search and have your spouse show up at the last minute to derail your plans.

    Like most things in divorce, if you’re going to do it, do it right the first time. The effects of ending a marriage last for years, if not longer. This isn’t the time for haphazard shortcuts.

    Related Reading: My Ex Won’t Follow The Divorce Agreement

  • Ways To Protect Custody and Visitation

    One of the most harrowing parts of many divorces is the fight for child custody and visitation. The prospect of not being a part of their children’s lives, or at least having a diminished presence, terrifies many parents. Every situation is different, but in general, there are some dos and don’ts you can use to protect your custody and visitation rights as a parent.

    How Can You Protect Your Custody and Visitation Rights?

    It’s essential to put your best foot forward and portray yourself as a responsible, ideal parent. With that in mind, here are some dos and don’ts to help protect child custody and visitation.

    Do: Work With Your Ex

    Unless there are extreme circumstances in play, as long as both parents are in the picture, there will be some level of contact. Raising a child takes collaboration.

    If you continually show you’re unwilling to do this, it damages your cause. So, put aside your feelings and do what’s best for the kids.

    Even if you don’t particularly like each other, you and your ex have to work together.

    Related Reading: What to Expect from Custody Hearings

    Don’t: Move Out

    When ending a marriage, moving out seems like the natural choice. However, leaving a shared home often hinders your case later when it comes to custody and visitation.

    It’s all about perception with the courts, and it can look like you left children behind or that you’re not a dedicated parent.

    That may not be the case, but in the eyes of the court, it often reflects poorly. And if we’re talking about a heated battle, your ex may trot that out as an example of why you’re not a fit parent.

    Related Reading: Moving Out: What You Need To Know

    Do: Stay A Part Of Your Children’s Daily Life

    Being involved in your child’s daily life is important for many reasons. It helps your relationship, it’s good for both of you, and it may further your cause when it comes to custody and visitation.

    Spending regular quality time with the kids demonstrates in a concrete way the desire to be an involved parent.

    Also, when ruling on custody and the like, the court often tries to minimize drastic changes in schedule and routine. If you’re already an active participant, that’s less likely to change.

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

    Don’t: Allow Your Ex To Remove You From Your Child’s Life

    Remaining a part of your child’s daily life isn’t always as simple as it sounds. This is especially true if your ex actively tries to cut you out of the picture or limit your visitation.

    It’s important to you, your case, and your relationship with your kids to stand up and not let your ex push you around.

    An occasional change of schedule is one thing, but if it becomes a pattern, you should consult your attorney to learn what to do and formulate a plan of action.

    Do: Know Your Rights

    It’s helpful to have an experienced attorney in your corner. But there’s also a lot of other information out there. Read up on custody laws where you live, find out how the courts determine visitation and parenting time, and learn how the state calculates child support.

    The more information you have, the better prepared you’ll be. This often goes a long way toward informing the strategy of your case.

    Don’t: Wait to Act

    It’s vital to take an active approach when it comes to child custody and visitation. A wait-and-see strategy often puts you at a disadvantage.

    Instead of acting, parents too often find themselves reacting to the other party’s actions. Instead of pushing for what you want and need, you spend time and energy going back against your ex.

    Related Reading: What’s in a Parenting Plan?

    Do: Document Everything

    Make sure to document and keep track of everything. Did your ex send an email unjustly denying you a scheduled visit? Save it. The same goes for text messages, social media posts, and voicemails.

    If you legitimately believe your child isn’t safe with your ex, keep records of why. You’ll need to show your work.

    Maintain a chronicle of the time you spend with your kids. That way, if your ex says you’re not involved, you have indisputable proof.

    Whatever claims you make to a judge, collect as much concrete evidence as you can to back up your statements.

    Don’t: Interfere With Your Ex’s Visitation

    You probably have all manner of ill feelings towards your ex. There are bound to be bruised emotions in divorce. But it’s still important for both parents to remain in a child’s life, so long as it’s not dangerous.

    If there’s visitation scheduled, don’t interfere or try to block it. If nothing else, it makes you look petty.

    And if you complain that your ex hampers your visitation, think about how it looks to a judge if you turn around and do the same thing.

    Do: Make Use of Your Parental Rights

    This goes back to remaining a part of your child’s life, but if you have parental rights, exercise them. If a temporary custody order gives you regular visitation, take advantage of that. Spend as much time with your kids as possible.

    This includes significant, special events, but also everyday things like homework or watching a movie. One, it’s beneficial to the kids and the parent-child bond. Two, it strengthens your case as an involved, concerned, dedicated parent. Simply being there often goes a long way.

    Don’t: Arrive Late, Reschedule, or Cancel

    Schedules change, last-minute complications arise, and sometimes things just don’t work out. That happens. But as much as possible, if you have a visit scheduled, don’t show up late, reschedule, or cancel.

    Not only is this frustrating for your children—it’s hard to get expectations up and have them not met—but it also leaves a negative impression. Consistently missing visits paints a picture of a parent who puts other things ahead of the children and their needs.

    Do: Abide By Temporary Court Rulings

    While the court deliberates over awarding child custody and visitation, the judge will likely dole out temporary orders. These can include:

    • Interim custody.
    • A visitation schedule.
    • Dividing holidays.
    • Child support.

    Stick to these. If you don’t, you can wind up facing contempt charges. At the very least, this makes you look unwilling to cooperate or that you don’t have the children’s best interests in mind.

    Related Reading: Violating Divorce Agreements: When To File A Motion For Contempt

    Don’t: Trash Talk Your Ex To The Kids

    Again, you may hate your ex. But while you’re with the kids, keep those feelings under wraps. Don’t use them as pawns in custody battles or try to turn them against your ex.

    Not only is it unhealthy for them, but if it appears you’re trying to manipulate them or turn them against your ex, it reflects negatively on your case.

    Instead of trying to make your ex look bad, focus on making yourself look good. Be the absolute best parent you can be. That helps your case so much more than going negative. It’s also much better for your kids.

    Do: Hire An Attorney Experienced in Child Custody and Visitation

    These cases are often complicated and messy. Flaring tempers and heated emotions only amplify this. It’s most likely in your best interest to hire an experienced child custody attorney.

    This is especially true if your ex enlists the help of a lawyer. Not only can a litigator guide you through the process, but when things get hot and you may not act rationally, an attorney can help calm things down and advise you on the best way to proceed.

    Other Reading: Establishing Paternity in Washington

  • What makes a good divorce lawyer?

    The notion of the “best” divorce attorneys is a subjective matter. Each case is a different endeavor, with particular requirements and parameters. There are, however, common qualities that often combine to make a good divorce lawyer.

    One of the most important decisions you may make during this process is hiring a lawyer to represent you and your interests. More than finding what someone else thinks is the best divorce lawyer, you should search for one who best fits the needs of your case.

    Related Reading: The Average Cost of Divorce in Washington

    What to Look For In A Divorce Attorney

    As we said, it’s most important to find representation that suits you, your case, and your specific circumstances. It can be a daunting search. In the end, however, choosing the right lawyer for your situation will be well worth the time and effort.

    At Goldberg Jones in Seattle, our managing attorney plays matchmaker in a way. He pairs clients with the lawyer he believes to be the best fit for their situation.

    While each case is unique, there are qualities that great divorce lawyers have in common. This list is far from exhaustive, but here are qualities to consider when looking for representation.

    Related Experience:

    Everyone has to start somewhere, but with a matter as important as your divorce, you want to put yourself in sturdy, practiced hands if possible. Knowing your attorney has experience with the distinctive elements of your case can be a huge comfort.

    Trusting that your lawyer has seen similar situations before and is well aware of how to proceed goes a long way toward easing your stress level and soothing your state of mind. For example, if you have custody issues, look for an attorney with experience in that area.

    Good Communication Skills:

    There will likely be a great deal of back-and-forth between the two sides during your divorce. Your attorney needs to sit down with you, hear your wants, desires, and needs, and communicate them to the other side in a clear, concise manner.

    Listening skills, confidence speaking in public, and being able to accurately convey information and articulate your stance are essential parts of this process.

    People Skills:

    Going hand in hand with strong communication, the best divorce attorneys need to employ excellent interpersonal and social skills. Divorce is an emotional situation. Tempers flare and things quickly become tense and heated.

    Depending on how contentious the proceedings become, the ability to maintain composure, calm intense feelings, and retain an even, professional demeanor and civility in tough times all come into play. Being a people person helps smooth out these tense interactions.

    Analytical And Research Skills:

    Preparing a legal strategy is complicated. Each case involves a large volume of facts, documents, records, and more. Your lawyer needs to absorb and interpret all of this material.

    From there, he or she must organize the information, distill it down, and determine the best way to move forward.

    Being able to make sense of all of the pertinent factors, how they impact the divorce, and to quickly and effectively research the legal questions in play, are important attributes for the best divorce lawyers to possess.

    Judgment:

    With the massive amount of information divorce attorneys ingest, processing everything logically is also key. This becomes crucial to developing a strategy.

    Being able to critically examine the particulars helps when it comes to identifying potential weak spots in an argument, both yours and theirs, and reinforcing your bargaining position.

    Impeccable judgment comes into play in decision-making. There will often be little time for indecisiveness, and your best interests hang in the balance of each choice.

    Creativity:

    As much as logical thinking, judgment, and analytical skills figure into your divorce proceedings, creative problem-solving and the ability to improvise on the fly are also important qualities to look for in a divorce attorney.

    Problems and roadblocks appear out of nowhere. Great lawyers possess the ability to think on their feet and present innovative, rational, reasonable solutions when the need arises.

    Dedication:

    Even in the simplest cases, divorce is not a quick or easy process. Depending on the situation, you may be in for a long, drawn-out legal action.

    The best divorce attorneys will be dedicated and willing to put in the time and energy to see it through. (Even just becoming a lawyer in the first place shows a remarkable level of commitment.)

    Cases often involve long hours of deliberation, in-depth research, and extended mediation sessions. This requires a great deal of perseverance on your lawyer’s part.

    Competitiveness:

    Divorce isn’t always hyper-contentious, but even in the best of times, if both sides enlist the help of an attorney, there’s likely at least some degree of conflict.

    Your lawyer’s job is to represent your voice and interests and to ensure as many of your conditions are met as possible.

    In this situation, a little competitive spirit and a hate-to-lose attitude may not be the worst trait. We like to use the term, ‘appropriately aggressive’. It’s important to know when to fight, but also when it might be better to ease off the throttle.

    Every divorce is different. The best divorce attorney for you may not be the best divorce attorney for everyone else.

    Circumstances and the specifics of your situation will likely influence what you look for when seeking out representation, but many great family law practitioners do share these common traits.

    Related Reading: Protect Your Business in Divorce: What You Should Know

  • Does Divorce Hurt Your Credit? Rebuilding Finances After Divorce

    Ending a marriage has a massive impact on almost every aspect of your life. In one fell swoop, marital status, living situation, the time you spend with your kids, and more change drastically. One area where it often has a devastating effect is when it comes to money. The questions of how to rebuild your finances and credit after divorce often arise.

    Does Divorce Hurt My Credit?

    The quick answer to this question is that divorce can damage your credit. Especially if you don’t keep an eye on it and let your finances get out of hand.

    During the process, you and your ex split up all of your shared assets. Even though the goal is for each party to maintain a lifestyle similar to that enjoyed during the marriage, finances often take a hit.

    You may wind up on the hook for a mortgage or car payment. Child and spousal support often factor into the equation. Or it may be as simple as struggling to pay all the bills from a single paycheck for the first time.

    Luckily there are some things you can do now, and ways to help rebuild finances and protect your credit after finalizing your divorce.

    Related Reading: The Average Cost of Divorce in Washington

    Inventory Your Finances

    The best place to begin is to take stock of what you have. Catalog your income, all of your expenses, assets, and debts. You can use a spreadsheet, a notebook, post-it notes, or whatever tool you’re most comfortable with.

    List all open accounts, assess any investments, and collect what remains of your economic life after divorce. This provides a comprehensive picture of your finances.

    Related Reading: Should I File for Divorce First?

    Protect Your Credit Score

    Your credit score influences everything from applying for home and car loans to renting a new house to career opportunities. It can also take a hit when a marriage ends, so it’s important to keep an eye on it and rehab it when necessary.

    As you separate, you and you and your spouse will likely have an overlap period where you both have access to shared money. Make sure to keep a careful eye on any joint accounts or debts.

    A recent article from financial experts compiled four helpful steps to protect your credit during a divorce. These measures help guard against sudden drops in your score, your ex racking up secret debt, or surprise unpaid bills on shared accounts.

    Related Reading: Is an Inheritance Separate or Community Property in Divorce?

    Examine Your Credit Report

    Become familiar with your credit. You already should be, but if not, get to it.

    This means knowing exactly what accounts link to your credit score. It’s important to know what connects to your spouse and what you have on your own.

    Throughout years of marriage, it’s easy to forget about accounts, or not realize how they affect your standing.

    The easiest way to correct this is to pull credit reports from the three credit bureaus, Experian, Equifax, and TransUnion. This helps you differentiate between personal and joint accounts.

    Note all authorized users on joint accounts. Authorized users can be removed to cut off their access. Taking someone off an account is often fairly easy. This also means your ex’s spending no longer reflects on your credit score.

    Related Reading: How Long Does Divorce Take?

    Split Joint Accounts ASAP

    If you can, work to separate joint accounts early on in the process.

    Things often get tense as divorces continue. It may be easier to agree to close accounts, split earned rewards, and the like before things become testy.

    If spouses hold joint accounts on credit cards, any missed, late, or non-payments adversely affect both parties’ credit.

    Closing out all shared accounts rather than splitting who is responsible for each is usually the best idea according to experts. Even if you decide your ex pays a certain card, missed payments still impact you if you remain on the account.

    Be aware that closing accounts does cause a dip in your credit score.

    However, this is usually only temporary and should bounce back once you open and use new accounts. It’s also key to be consistent and on time with payments. This helps ensure your credit score remains as strong as possible.

    Related Reading: Dividing Debt In Washington State

    Contact Your Creditors

    Another step: contact your creditors to let them know of your change in marital status.

    Before closing joint accounts, credit card companies require you to pay off any remaining balance. If you owe nothing, you and your ex can simply shut it down.

    If you still owe, you may have to discuss payment plans, refinancing a debt into one person’s name, or transferring the balance to an individual account. You and your ex may be able to agree to sell off an asset to pay what you owe.

    Whatever system you work out, it’s always best to get the terms in writing. Always.

    Related Reading: Sweat Equity in Divorce

    Freeze Your Credit

    Freezing your credit is an extreme step, but one that might be necessary to protect your credit score. Especially if you have concerns about your spouse opening new accounts in your name without your consent.

    Freezing credit simply means no one can open new lines of credit in your name, not even you. It’s free and all you need to do is contact the three credit bureaus. You can freeze your credit for a specific amount of time or indefinitely while you get your situation in hand.

    Related Reading: How the Division of Property Works in Washington

    Create A Balanced Budget

    Once you have a handle on your assets and obligations, the next step to rebuilding finances and credit after divorce is to balance your budget. Monthly expenses change after a marriage ends. Knowing what comes in and what goes out is key.

    It’s important to track your expenses and be aware of how much you spend, and where.

    You can use a simple Excel spreadsheet, but there are many online tools and apps available as well. And more pop up every day. It’s all about finding one that works for you and, most importantly, that you will use.

    Related Reading: Contested Versus Uncontested Divorce

    Financial Safety Net

    Having a financial safety net is hugely important now that you’re single. Many experts suggest having a cushion of at least three to six months’ worth of living expenses set aside just in case. This provides a buffer in case of an emergency.

    That’s great if you can pull it off, but it’s also a substantial chunk of change and many simply can’t pull it off.

    Still, set aside what you can in case of the unexpected. Many banks and credit unions offer free initial consultations with financial planners. This may be an option worth exploring to assess your current finances and establish goals to rebuild your finances and credit after a divorce.

    Related Reading: Dividing a Home in Divorce

    Prioritize Expenses

    Similar to budgeting, you should also establish or reestablish financial priorities after a divorce.

    • What are your most important expenses?
    • Where can you trim the fat?
    • Do you need to build up your retirement or invest in your children’s college fund?

    These are a couple of common questions to ask yourself, but there are many others.

    Figuring out what’s most pressing and important helps provide an economic roadmap and show you where you need to focus, and where you don’t.

    Related Reading: How Mediation Works in Divorce

    Examine Your Taxes and New Filing Status

    People often fail to account for taxes and their impact in the wake of divorce.

    Some assets received in the division of property are subject to taxes and fees. But the biggest way divorce impacts your tax future is in your filing status. You’re no longer married, after all, so you don’t get to file as such.

    Moving forward, you may want to change your withholdings or even alter your investment strategy depending on the impact. Knowing how your taxes change is also a key step to helping rebuild finances after divorce.

    Related Reading: How Is A Business Handled in Divorce? Can You Protect It?

    Make A Clean Break

    Once you finalize the divorce, it’s important to make a clean break moving forward.

    As we said, deal with any joint accounts. If your spouse runs up debts on a shared credit card, that may hurt your credit. Creditors may even come after you for payment.

    In the division of property, it’s common for one spouse to get things like a car or home. But what many people fail to realize is that divorce doesn’t automatically alter any financial agreements you entered into while married.

    Make sure to remove your name from any applicable loans, mortgages, titles, or deeds. If your ex misses payments and your name is still on the paperwork, it can come back to haunt you.

    No one wants to start in a hole trying to rebuild finances after divorce, so do what you can to protect yourself now.

    Related Reading: Breaking Down Divorce Rates By Generation

    Have A Plan To Rebuild Finances After Divorce

    Making a plan goes a long way towards helping rebuild finances after divorce. Take any of these strategies, among many others, and draw a roadmap of where you want to go and how to get there.

    Some people accomplish this on their own, while others enlist the services of financial professionals. It often looks like a daunting or overwhelming task, but it helps to have a concrete plan to look at.

    Many steps go into trying to rebuild finances and credit after divorce. These are just a few. What you can accomplish depends on your resources, abilities, and circumstances. But you don’t have to be in a monetary hole forever.

    Related Reading: Splitting Debt in Divorce