Adultery and Divorce Settlement in Washington State
Adultery and divorce do not go hand in hand. Cheating may have been the cause of your divorce, but your spouse’s cheating will have no impact on the divorce settlement, because Washington is a no-fault state. This means that the law does not require spouses to prove fault to get a divorce.
Does adultery have a role in your divorce settlement?Your marriage might have broken down as a result of your spouse's cheating, and divorce may have followed, but that will have no impact on your divorce settlement. Washington is a no-fault state, which means that the person wishing to obtain a divorce in the state does not have to prove the fault of the other spouse to get a divorce. You do not have to provide evidence that your spouse is cheating on you to get a divorce. All you have to do to get a divorce is to state that you and your spouse have irreconcilable differences and want to end the marriage. Therefore, in a no-fault state like Washington, adultery will have no impact on the divorce settlement.
What factors affect division of assets in Washington?A court in Washington will promote a fair and reasonable division of the property. Adultery will have no impact on the spousal maintenance that is determined, nor the division of assets. In fact, the court will not consider marital misconduct of any kind when dividing assets. A divorce settlement or division of assets will, therefore, depend on the type and extent of the separate property and community property, the duration of the marriage, and the financial circumstances of each spouse at the time of the divorce.
What are the factors that affect alimony in Washington?It's best if both spouses can come to an agreement about the alimony that the lower-earning spouse will receive. However, if that doesn't happen, the court will step in, and will make a decision based on some factors. Those factors include the financial condition of the spouse seeking maintenance, the standard of living that the spouses enjoyed during the marriage, the duration of the marriage, and the financial situation of the person who is seeking maintenance. A court may also consider the employability of the spouse seeking maintenance, including the time that it would take for the wife or husband to learn the skills necessary to find a job.