Negotiating a Separation Agreement in the State of Washington.

Washington State law provides for two types of separation contracts.  One is filed with a court in a marriage dissolution or legal separation proceeding and is incorporated by reference into a decree of dissolution or legal separation.  The other type is for people who want a trial separation without court proceedings.  It is intended to put creditors on notice that the couple is no longer functioning as a marital community and that neither will be responsible for the debts of the other spouse during the separation.

Negotiating the terms of a separation agreement is both a complex legal matter and one that can be very stressful.  It should never be taken lightly because it may affect the rest of your life.  When divorce or separation is unavoidable, clear-thinking adults are required to work out as many details as they can mutually before it goes into a written document. There are many issues that will need to be addressed in as rational a manner as possible, such as:

1.)        How much is the house worth and how will it be disposed of?

2.)        Is there a family business?  If so, what is the value of it? Should it be appraised?

3.)        How should retirement benefits, such as pensions, 401-K’s or IRA’s be treated?

4.)        Is there other property that should be appraised?

5.)        What is the fairest way to divide the property and debts of the parties?

6.)        What happens to family pets, if any?

Do not let pettiness or anger dictate what will happen during the next several years of your life.  Talk to a professional negotiator about your marriage separation rights.  Family law attorney Lyle Clark has been practicing family law in Bellevue and the State of Washington for over 35 years.  Sit down with Lyle Clark at his office and talk about your situation frankly by making an appointment at (425) 452-3092.