Marriages end for all sorts of reasons. Over time, spouses may grow apart and realize that they have different priorities and goals, which may prompt them to seek a divorce and go their separate ways. Other marriages may end because of infidelity or betrayal. Regardless of the factors that contributed to the divorce, it’s natural to experience powerful emotions and an overall sense of loss during this vulnerable time. Whether your marriage has lasted a handful of years or has endured for decades, the prospect of navigating the divorce process can be daunting and stressful—even for spouses who are separating on relatively amicable terms. As you and your soon-to-be ex-spouse begin to explore your divorce options in King County or Pierce County, questions will likely arise. For instance, many people wonder about addressing adultery in divorce proceedings and whether factors such as infidelity will influence any aspect of the legal process. Although Washington is a no-fault divorce state (which means that the party filing for divorce is not legally obligated to cite a specific reason for doing so), there may be minor ways that the actions of one spouse may subtly shape the terms of the divorce, such as spousal maintenance orders, property division determinations, or child custody arrangements.
If you are starting to explore your divorce options in the greater Seattle area, the dedicated and caring legal team at the Hemmat Law Group is ready to provide you with the customized legal guidance you deserve during this challenging time. We understand how overwhelmed you may feel in the face of so many significant decisions, which is why we are committed to helping you articulate your divorce goals and establishing a strategy to help you achieve them. If you are asking yourself questions like, “Does infidelity affect divorce?” then please continue reading to learn more about what to expect during the divorce process in Washington state and some of the steps you can take to maximize your chances of securing a fair and favorable outcome.
First, it’s important to understand what the term “no-fault divorce” means in practice. Essentially, no-fault divorce allows a couple that “wants to end a marriage without having to prove a specific type of wrongful behavior as the cause” to do just that. Before no-fault divorce was given as an option, the spouse seeking a divorce had to provide evidence that justified their request for the court to dissolve the marriage. In other words, the spouse petitioning the court for a divorce had to cite specific grounds for taking this action. For instance, the petitioner could seek to end the marriage because the other spouse was unfaithful or abusive. However, the petitioner would also have to provide some form of evidence to corroborate these claims so that the court would approve their request for a divorce. Gradually, as social attitudes progressed and more states began to offer no-fault divorce as a valid option, more individuals were able to dissolve their marriages without the additional burden of proving to the court that their spouse had engaged in wrongdoing. Today in Washington state, the party seeking a divorce must only cite that their marriage cannot continue because it is irretrievably broken.”
Since Washington adheres to a no-fault divorce system, the courts do not explore the reasons that prompted the petitioner to file for divorce. Instead, the court cares only about obtaining an equitable distribution of assets so that both spouses can walk away from the marriage on relatively similar grounds. As you move through the divorce process, the court does not want to spend valuable time hearing the minute details about which spouse “wronged” the other or other minute details about the relationship. Ultimately, the goal of the divorce process is establishing a fair and equitable division of assets and setting the parties up for stable independent futures once the divorce is finalized. As the judge reviews each divorce petition, they will use several factors to determine the terms of the divorce (such as spousal maintenance, child custody, parenting plans, and asset distribution). Below are just a few of the factors that a judge may consider when determining divorce arrangements in King County or Pierce County.
When the court is determining whether a spousal maintenance order is appropriate, the judge will examine the income of each spouse as well as their individual earning capacity. For instance, if both spouses earn comparable incomes, a spousal maintenance order may not be necessary. However, in cases where one spouse has served as the couple’s primary breadwinner during the marriage while the other spouse focused on maintaining the home or raising children, the court may establish a spousal maintenance order that compels the higher-earning spouse to make monthly payments to the lower-earning spouse to help with the transition to their new financial reality. Sometimes, the court may compel the higher-earning spouse to pay spousal support until the other spouse has had time to attend classes or land a job that provides them with financial stability. Ultimately, the court’s goal is to ensure that both spouses have the economic resources they need to begin the next phase of their lives once the divorce is finalized.
Another factor that can influence the court’s decision to set up a spousal maintenance order is the duration of the marriage. Generally speaking, spousal maintenance may be more appropriate in situations where one spouse has spent several years away from the job market while raising children or maintaining the marital home. On the other hand, couples who were married for a year or so may not have had time to acquire a substantial amount of marital property, which means that spousal maintenance may not be necessary or appropriate.
Since Washington is a no-fault divorce state, citing the infidelity of your spouse will not affect your ability to obtain a divorce. Moreover, the court will not look into the reasons that led to your decision to end the marriage. However, it’s important to recognize that just because infidelity does not have any bearing on your ability to obtain a divorce does not mean that adultery will have absolutely no impact on the outcome. In other words, you cannot point to your spouse’s infidelity to justify your request for the majority of marital property—but you can use their behavior in more subtle ways to negotiate a more favorable divorce settlement in some cases.
While claiming that your spouse cheated on you cannot be used to secure you the lion’s share of the marital assets during your divorce, you can use their adulterous behavior in certain ways to influence the financial terms of the divorce settlement. For example, if your spouse spent a substantial amount of marital assets on vacations with another person, expensive gifts, or other expenditures to support the affair, you and your highly-qualified divorce attorney can argue that you are entitled to recover some of this money because it was partly yours. However, you will likely need to provide documentation of these expenses, which can be challenging—not to mention emotionally draining. It’s best to discuss the specific details of your situation with a skilled and caring Seattle divorce lawyer so that you can make informed decisions with greater certainty and confidence.
If your spouse not only cheated on you, but they also openly flaunted the affair or mistreated you during the marriage, you and your attorney can point to this egregious behavior and use it to ask the court to award you a settlement that accounts for some of the humiliation or emotional abuse you endured. Since these matters can be incredibly sensitive, it’s important to work with a caring attorney who treats you with the respect and care you deserve. Together, you can evaluate every detail of your case to determine the most appropriate path forward.
Washington is a no-fault divorce state, but understanding the legal implications of adultery can provide you with much-needed clarity as you move through contested divorce proceedings. Even though divorce is a common solution for many individuals seeking a brighter future, every case is different and requires a customized approach to ensure that your best interests are protected at every turn.
As you begin to explore your divorce options in the Seattle area, it’s essential that you find a caring legal advocate who puts your needs first. At the Hemmat Law Group, we believe in working closely with every client to understand their unique circumstances so that we can help them identify the most strategic path forward. Please call our office today at (206) 682-5200 to get started with a dedicated and compassionate divorce and family law attorney.