Understanding Temporary Orders in a Washington Divorce

Divorces in Washington can take several months, or longer, to resolve. During that time, couples often need rules in place to manage finances, custody, and living arrangements. That’s where temporary orders come in. These court orders provide structure while the case is pending, ensuring stability until a final decree is entered.

What Can Temporary Orders Cover?

Temporary orders can address a wide range of issues, such as:

• Parenting Plans: Who the children live with and how visitation is structured.
  
  
• Child Support: Ensuring children’s expenses are covered during the case.
  
  
• Spousal Maintenance (Alimony): Helping one spouse maintain financial stability.
  
  
• Use of the Family Home: Deciding who remains in the marital residence.
  
  
• Bill Payments and Debts: Assigning responsibility for ongoing financial obligations.
  
  
• Restraining Orders: Preventing the sale or transfer of assets or protecting against harassment.

Why Temporary Orders Matter

Temporary orders are not permanent, but they can set the tone for the entire case. While they’re not supposed to, Judges may consider the arrangements established in temporary orders to some degree when making final decisions. For example, a temporary parenting plan may influence the final custody schedule if it has worked well for the child.

How to Request Temporary Orders

To obtain temporary orders, one spouse files a motion with the court and provides supporting declarations and financial records. The other spouse has an opportunity to respond, and a judge will hold a short hearing to decide the temporary arrangements.

Tips for Success in Temporary Order Hearings

• Be Organized: Present clear evidence of your financial needs or parenting strengths.
  
  
• Stay Child-Focused: If custody is at issue, prioritize what benefits the children.
  
  
• Be Realistic: Courts want fair, practical solutions—not extreme demands.
  
  
• Follow the Orders: Compliance builds credibility with the judge for the rest of your case.

Get Legal Support Early

Temporary orders can have a lasting impact on your divorce. At Magnuson Lowell, P.S., we help clients prepare persuasive arguments and protect their rights from the start. Contact us today for a free telephone case evaluation 425-800-0572 to learn how temporary orders may apply in your Washington divorce.

Just like assets, debts are divided during divorce. Washington is a community property state, which means that most debts (with some exceptions) incurred during the marriage may belong to both spouses - even if only one spouse’s name is on the account. However, liabilities from before the marriage or after separation, may be considered separate debt.

Common Types of Debt Addressed in Divorce

• Credit Cards: Even if the account is only in one spouse’s name, charges made during the marriage may be divided.
  
  
• Mortgages and Home Loans: The debt usually follows the property. If one spouse keeps the house, they typically take responsibility for the mortgage.
  
  
• Car Loans: Similarly, if one spouse keeps the car, they are usually responsible for the loan.
  
  
• Student Loans: These can be tricky. Oftentimes, they are treated as separate debt, but courts may find it a community obligation especially if both parties substantially benefited from the education during the marriage.
  
  
• Medical Debt: Bills from during the marriage are often considered community debt, regardless of who received the treatment.

How Courts Divide Debt

Courts aim for an equitable division, which doesn’t always mean 50/50. Instead, judges look at factors such as:

• Each spouse’s income and ability to pay
  
  
• Who is keeping the asset tied to the debt
  
  
• The overall balance of assets and debts being divided
  
  
• Any history of reckless or wasteful spending

Risks of Joint Accounts

Even if the divorce decree assigns a debt to your spouse, creditors may still come after you if your name is on the account. To protect yourself you may want to consult with your attorney about:

• Closing joint credit cards as soon as possible.
  
  
• Refinancing loans (like mortgages or car loans) into the responsible spouse’s name.
  
  
• Monitoring your credit report for errors or unpaid balances.

Negotiating Debt in Settlement

Many couples resolve debt issues through negotiation or mediation. Creative solutions might include:

• One spouse taking on more debt in exchange for keeping more assets.
  
  
• Selling an asset (like a home) to pay down joint debt before finalizing the divorce.
  
  
• Agreeing to split certain debts evenly, while assigning others based on use.

Protect Yourself with Legal Guidance

Debt division is one of the most stressful aspects of divorce. A fair resolution requires both a clear picture of your finances and strong legal advocacy. At Magnuson Lowell, P.S., we help clients in Washington understand their financial rights and responsibilities during divorce. We’ll work to protect your future from lingering debt issues. Call us today 425-800-0576 for a free telephone case evaluation.

For many families, a business is more than just a source of income, it’s a legacy, a career, and a major financial asset. In Washington, which follows community property rules, a business started (or possibly even grown) during marriage may be subject to division in a divorce. This can create high stakes for both spouses, especially if the company is the primary source of family income or a significant asset.

Is the Business Community or Separate Property?

The divorce court maintains significant discretion to label, value, and divide community property which can create some complications in a divorce. The first step is to determine whether the business is:

• Separate property: Often presumed to have been acquired before marriage and maintained separately.
  
  
• Community property: Often presumed to have been acquired during or potentially significantly expanded during the marriage.
  
  
• Mixed property: A blend of both, where separate property contributions have been commingled with marital assets.

Even if the business was started before or using separate property only, the Court has the final say as to division of assets.

Valuing the Business

Business valuation is often one of the most contested parts of divorce for entrepreneurs. Courts may use:

• Income approach: Looking at the business’s earning potential.
  
  
• Asset approach: Measuring tangible and intangible assets.
  
  
• Market approach: Comparing to similar businesses in the market.

Independent financial experts are commonly brought in to determine a fair value.

Protecting Operations During Divorce

Divorce can disrupt day-to-day business operations if disputes spill into management decisions. To keep things stable:

• Avoid drastic financial changes to the company during the divorce.
  
  
• Keep thorough, transparent business records.
  
  
• Consider temporary agreements with your spouse to protect operations.
  
  
• Use professional valuators and accountants to minimize disputes if needed.

Options for Division

Courts usually try to avoid splitting a business in half. Common outcomes include:

• One spouse keeps the business and compensates the other with cash or property.
  
  
• Selling the business and dividing the proceeds (less common if the business is thriving).
  
  
• Co-ownership arrangements (rare and often discouraged due to ongoing conflict).

Steps to Take Before Divorce

Business owners can reduce uncertainty by:

• Creating prenuptial or postnuptial agreements.
  
  
• Maintaining clear records separating personal and business finances.
  
  
• Paying themselves a reasonable salary rather than reinvesting all income.

Legal Guidance for Business Owners

If you’re a business owner facing divorce in Washington, protecting your livelihood requires skilled legal and financial strategy. At Magnuson Lowell, P.S., we regularly represent business owners and their spouses in complex divorces involving companies of all sizes.

We offer free telephone case evaluations - 425-800-0573. Contact us today to learn how we can help you safeguard your business and move forward with confidence.