What Makes an Uncontested Divorce in Washington State?

 
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Each week we post a blog about relevant legal issues.  Glance through our various topics to learn more about a particular legal situation.

These articles are for limited informational purposes only and are not, nor are they intended to be, legal advice. You should not rely on this information for your case and should consult with an attorney for advice regarding your individual situation.

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What Makes an Uncontested Divorce in Washington State?
Written By: Josh Lowell ~ 3/18/2024

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Divorce is undoubtedly a challenging and emotional journey, but for many couples in Washington State, an uncontested divorce offers a streamlined alternative that can significantly reduce stress, time, and expenses. Below are several key factors to consider to determine if your case is ripe for an uncontested divorce.

A Comprehensive Agreement: An uncontested divorce in Washington requires mutual agreement between the spouses on all essential facets of the case. This includes reaching a consensus on issues related to child custody through a well-crafted Parenting Plan. A thorough understanding of each party's financial positions, assets, and debts is crucial to ensure an equitable distribution that leaves no loose ends. This level of agreement extends to Child Support Orders, where both parties must come to terms with the financial responsibilities associated with raising their children separately.

Navigating the Financial Landscape: One of the cornerstones of an uncontested divorce is the cooperative negotiation of financial matters. Spouses must engage in open and honest discussions about their financial positions, ensuring a fair and just distribution of assets and debts. By settling these matters amicably, couples can sidestep the often lengthy and contentious courtroom battles, promoting a more efficient and cost-effective divorce process.

Understanding Spousal Support: Spousal support, also known as alimony, is another critical aspect of divorce that is often hotly contested. In uncontested divorces, couples have the opportunity to collaboratively negotiate spousal support arrangements, taking into account factors such as the length of the marriage, each spouse's financial contributions, and individual needs. This cooperative approach allows for a more customized agreement, avoiding the uncertainties and potential disputes that often arise in a litigated divorce.

Benefits of an Uncontested Divorce: Choosing an uncontested divorce in Washington State comes with a range of benefits that extend beyond the mere simplification of legal proceedings. Couples who opt for this cooperative approach can save valuable time, as uncontested divorces typically conclude more swiftly than contested ones. Financial savings are also a notable advantage, as the costs associated with prolonged litigation are significantly reduced. Furthermore, the emotional toll on both parties is mitigated, fostering a more amicable post-divorce relationship and minimizing the impact on any children involved.

The key to a successful uncontested divorce in Washington State lies in the comprehensive agreement on all aspects of the case. But, they’re not for everyone. In cases where financials are disputed or a proper parenting schedule can’t be put in place, a more typical divorce process is often necessary. In the right circumstances, couples can navigate the divorce process cooperatively, saving time, money, and stress. If you’re interested in working collaboratively with your spouse to reach separation agreements, call our experienced legal team at the law office of Magnuson Lowell PS today for a free case evaluation.


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Options for Dealing with Real Estate in Your Washington State Divorce
Written By: Josh Lowell ~ 3/11/2024

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Going through a divorce is undoubtedly a challenging and emotional process, and one of the most significant assets that often needs addressing is real estate. Deciding what to do with the family home or other properties can be a complex and critical aspect of divorce negotiations. While creativity is often the limit for dealing with divorce settlements, below are four viable options for handling real estate in your divorce in Washington State.

Option 1: Selling the House for Financial Equalization
One straightforward way to deal with real estate in a divorce is to sell the house and use the proceeds to equalize the financial settlement between the spouses. This option ensures a clean break, allowing both parties to move forward independently. The sale proceeds can be divided according to the terms agreed upon in the divorce settlement, providing a clear and fair resolution.

Option 2: Buyout through Cash-out Refinance and Deed Transfer
Another common option is for one party to buy out the other's interest in the property. This can be achieved through a cash-out refinance of the mortgage and a subsequent deed transfer. Essentially, the buying party refinances the existing mortgage, pulling out enough cash to buy out the other spouse's share. This option allows one party to keep the home, providing stability, especially if there are children involved.

Option 3: Buyout Using Other Assets
In some cases, one party may want to keep the house but doesn't have the financial means for a traditional buyout. In such situations, creative solutions can be explored. For instance, the buying party might offer more equity in the house in exchange for a larger share of other assets, such as retirement accounts or stock portfolios. This approach enables a fair distribution of assets while allowing one spouse to retain the family home.

Option 4: Joint Ownership Until a Better Opportunity Arises
When financial constraints or market conditions make an immediate sale or buyout unfeasible, parties may agree to hold onto the property jointly for a period of time. This arrangement, similar to a tenancy or lease, allows both spouses to share ownership responsibilities until a better opportunity arises. This option can be particularly advantageous in a rising real estate market, potentially leading to a more profitable sale in the future.

When it comes to real estate in a Washington State divorce, there's no one-size-fits-all solution. Each couple's circumstances are unique, and it's crucial to explore these options carefully with the guidance of experienced legal professionals. If you're navigating a divorce and need assistance with real estate matters, our team of dedicated divorce attorneys is here to help. Call today for a free telephone case evaluation today.


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What is a Contingency Fee?
Written By: Josh Lowell ~ 3/4/2024


After a car accident, the last thing you want to think about is paying bills. You have health insurance or Personal Injury Protection insurance to help afford medical treatment. You might be missing work, and the thought of paying an attorney is unthinkable. Fortunately, most attorneys understand the stress of motor vehicle collisions. Instead of requiring payment for services rendered up front, personal injury attorneys will typically handle cases on a contingency.

BLOGPOST_ContingencyFee110120021.JPGA contingency fee means that the attorneys services are only billed contingent upon winning your case. It is most often represented in a percentage of the gross settlement or litigation award. The industry standard is a 1/3rd contingency fee prior to a lawsuit being filed, and most attorneys will increase that fee to 40% (or even 50% depending on the type of case) if a lawsuit is required. In other words, you do not have to pay your attorney anything as they help you through the claim. Once the case settles or an award is issued by the court, the attorney claims a percentage of the final amount.

This is a huge risk for the attorney. Some cases are not slam dunks, and others might have complexities that raise the risk of a reduced award. In a disputed liability car accident – like a “who had the green light” scenario – your attorney might spend 50, 75, or even 100 hours taking your case to trial. If the jury finds in the defendant’s favor, your attorney will not be paid any fee. This also creates a scenario where you know your attorney will work their best for you because the more they win, the higher their fee.

Many attorneys may offer an hourly fee arrangement in certain circumstances, but those situations are rare. It might take 20 hours or more for a simple case to settle without litigation. At average attorney rates, your out of pocket might be well over $6,000 and could be as high as $10,000 for a more expensive counsel. A case going to trial could easily be 100 hours of work with fees alone exceeding $40,000. Especially while an injured party is focused on healing and getting back to normal life, a pay-as-you-go attorney fee is just not practical.

Contingency fees have an odd reputation in the community. Some clients may see the percentages as an unreasonable way of handling a fee agreement. However, the time and risk involved in the case make the alternative a far more precarious arrangement. If you are injured in a motor vehicle collision, you may need attorney assistance to ensure the insurance company plays fair. The law offices of Magnuson Lowell, PS are experienced litigators ready to tackle your claim head-on. Call today for a free case evaluation.


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