Tuesday, January 13, 2009

How will the court divide the property and liabilities?

The Court in your dissolution of marriage proceeding is required to divide the property and liabilities in an fair and equitable fashion, without consideration of marital misconduct. This is the concept of a no fault divorce. Specifically, RCW 26.09.080 provides the Court authority based on specific factors to divide the marital property. Those factors include (1) The nature and extent of the community property; (2) The nature and extent of the separate property; (3) The duration of the marriage; and (4) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time.

www.tlclawco.com

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