[WA] How does divorce work if my husband is an alcoholic and we own property and have outstanding debts?

Lexi, Chatbot

I understand that dealing with a divorce can be challenging, especially with concerns about alcoholism. Can you tell me if you have already filed for divorce in Washington state?

Lexi, Chatbot

Are there any children involved in this situation, and if so, what are your main concerns regarding their custody?

Andres Sanchez

Hey there! I'm Andres Sanchez, an attorney with many years of experience. Just so you are aware, this service provides legal information only. No attorney-client relationship is formed through this interaction.

I understand you're dealing with a divorce situation in Washington state involving your husband's alcoholism. Could you share more about any specific concerns or questions you have regarding this process?

Andres Sanchez

In Washington state, the process of divorce can be influenced by various factors, including property division and spousal support. Since your children are adults, custody won't be an issue, but other aspects might be.

Could you tell me if there are any shared assets or properties that need to be divided?

Andres Sanchez

Got it, thanks for sharing that. Do you and your husband have any prenuptial or postnuptial agreements in place regarding these properties or other assets?

Andres Sanchez

Thanks for letting me know. Are there any shared debts or liabilities that you and your husband have? This could include things like mortgages, loans, or credit card debts.

Andres Sanchez

Based on your situation, there are several legal considerations in Washington state that could potentially support your case:

Community Property: Washington is a community property state, which means that most assets and debts acquired during the marriage are considered jointly owned and will typically be divided equally in a divorce. This includes the two houses and any shared debts or mortgages.

Equitable Distribution: While the default is equal division, the court may consider factors such as each spouse's financial situation, contributions to the marriage, and future needs to determine a fair distribution of property and debts.

Spousal Support: The court may also consider awarding spousal support (alimony) based on factors like the length of the marriage, the standard of living during the marriage, and each spouse's earning capacity.

Let me know if you have any questions or clarifications. If not, I'll move forward with guidance.

Andres Sanchez

In Washington state, while the default approach is to divide community property equally, there are circumstances where the court may consider other factors, such as your husband's alcoholism and legal issues, which could impact the division of assets and debts.

1. Impact of Alcoholism and Legal Issues
   The court may take into account your husband's alcoholism and any related legal issues, like DUIs, when determining a fair division of property and debts. This could potentially influence decisions on spousal support or the division of assets if his behavior has financially impacted the marriage.

2. Equitable Distribution Considerations
   Although Washington is a community property state, the court can make adjustments based on what is deemed fair and equitable. This means they might consider the financial impact of your husband's actions on the marital estate, including any costs associated with his legal issues or treatment for alcoholism. (WA Rev Code § 26.09.080)

3. Spousal Support (Alimony)
   If your husband's alcoholism has affected his ability to earn income or manage finances, this might be considered when determining spousal support. The court will look at both parties' financial situations and needs. (WA Rev Code § 26.09.090)

4. Legal Representation
   Given the complexities involved, it might be beneficial to consult with a family law attorney who can provide guidance specific to your situation and help advocate for your interests in court.

Once you've filed the e-form for divorce, the next step is to serve your husband with the divorce papers. This means providing him with a copy of the filed documents, which can typically be done through a process server or a sheriff's office to ensure it's done legally and properly.

After serving him, he will have a certain period to respond, usually 20 to 30 days, depending on the method of service and local rules. During this time, you might also want to start gathering financial documents and any other evidence that could support your case, especially considering his alcoholism and legal issues.

Andres Sanchez

Please let me know if you have further questions.

Andres Sanchez

In your situation, since Washington is a community property state, assets and debts acquired during the marriage are typically divided equally. However, given your husband's alcoholism and legal issues, the court may consider these factors when deciding on a fair distribution.

1. Community Property: Generally, both houses and any shared debts will be considered community property and subject to equal division.

2. Equitable Adjustments: The court might adjust the division if your husband's actions have financially impacted the marital estate. This could mean you receive a larger share of the assets or a different arrangement for the debts. Unfortunately, I cannot determine for sure. That would be up to the court, but I can give you an idea of how it may go.

Andres Sanchez

Just a quick heads-up—I'm happy to share general legal info, but this conversation doesn't create an attorney-client relationship or count as formal legal representation. If you're looking for an attorney to represent you in court, I recommend reaching out to a local family law attorney who can provide personalized assistance and advocate for your interests. Let me know if you need help finding one!

Andres Sanchez

Yes, there are pro bono services available that can help you with legal representation. You can start by contacting your local bar association, as they often have programs or can refer you to organizations that offer free or low-cost legal assistance.

Additionally, you might want to look into legal aid societies in your area, as they provide support to individuals who qualify based on income. Let me know if you need more specific guidance or resources!

Andres Sanchez

To find local family law attorneys, you can start by checking with the Washington State Bar Association's website, which offers a lawyer directory. For pro bono services, you might want to contact organizations like Northwest Justice Project or your local legal aid office, as they often provide free or low-cost legal assistance to those who qualify.

If you have more questions or need further assistance, feel free to ask!

Andres Sanchez

Here are some places that can help you find local attorneys and pro bono services:

1. Washington State Bar Association Lawyer Directory
2. Northwest Justice Project
3. Legal Aid Services.

You can also check with your local county's legal aid office for more specific assistance. I hope these resources are helpful! If you have any other questions or need further assistance, feel free to ask.