You found out your spouse cheated on you, so you have decided to divorce them and take them to the cleaners. Surely, the court will agree you deserve both a divorce and compensation for your spouse’s misconduct, right?
In Washington, the answer is no. Washington only allows no-fault divorce. But what does that mean, and how does it differ from a state that allows divorce for fault?
What is a No-Fault Divorce?
In a no-fault divorce state, your spouse’s conduct (or misconduct) has no bearing on your divorce case. It will neither affect whether the court will grant your divorce nor how the court will divide marital property or allocate support.
To file for divorce in Washington, you need only state that the marriage is “irretrievably broken,” that is, that you and your spouse have irreconcilable differences. Any other allegations are unnecessary for the petition. And once you raise an allegation of irreconcilable differences, your spouse will likely be unable to prevent the divorce.
Your spouse’s actions are also irrelevant with respect to financial issues in divorce. Washington law requires that a judge make decisions about dividing the couples’ assets “without regard to misconduct.” (RCW 26.09.080). There are some situations where a court may consider waste or dissipation of assets during the marriage in determining what a “just and equitable” asset split is. But Washington courts have consistently rejected attempts to recover funds due to misuse during marriage, including when waste was due to claims of excessive gambling or alcoholism.
Washington law also prohibits considering misconduct in determining spousal support awards and child support (RCW 26.09.090 and RCW 26.09.100).
How Does Fault Divorce Differ?
Fault-based divorce differs from no-fault divorce in several ways.
- Allegations of fault alone are insufficient. Traditionally, fault-based divorces require showings of cruelty, adultery, desertion, lengthy imprisonment, or previously undisclosed sexual inabilities. These grounds must be proven for a court to grant a faulty divorce. A party can defeat a request for a fault-based divorce by proving that they are not at fault or that the fault was initiated by or condoned by the spouse seeking the divorce.
- In a fault-based divorce, a court can factor misconduct into monetary awards, including distribution of marital assets and allocation of spousal support. However, in a fault-based jurisdiction, both spouses can allege misconduct by the other. The court must then analyze which party is “more” at fault and how the parties’ comparative fault monetary awards.
At the Law Offices of Molly B. Kenny, we can help you navigate the turbulent waters of divorce. Our legal team serves a diverse range of clients in the Seattle area and has decades of experience with many difficult divorce situations, including high-conflict divorces, domestic violence cases, and high-asset situations.
Get Legal Help for a Turbulent Divorce
High-net-worth individuals have a lot at stake when it comes to divorce, and it’s critical to have experienced legal representation on your side. Your high-asset divorce attorney will be able to help you sort through the marital assets and debts, negotiate a parenting plan, and ensure that prenuptial or separation agreements are followed. An attorney will not only have the experience and expertise you need but also know other professionals who can help you succeed in this new phase of your life.
If you have any questions about your divorce situation, the Law Offices of Molly B. Kenny is here to help. Call us at (425) 460-0550, or use the contact form to send an email and arrange a private consultation with an attorney in our Bellevue office today.
