What Should I Ask For in My Divorce?

Many people from all walks of life, in long-term marriages, come into my office after they or their spouse has asked for a divorce and have feelings as if it is their fault that their marriage is dissolving. They express to me that they could have done this better, or done that more efficiently. One woman once told me that she would still be married “if I didn’t focus so much on my children".

Divorce is an emotional time. Some place all the blame of a divorce on themselves and when they find themselves in court, they feel as though they deserve very little from their spouse. However, The face is that both parties contributed to the marriage and both parties deserve their fair share of what they earned. As a Divorce Attorney of almost 30 years in Marysville, Washington, I pride myself in instilling confidence in my clients that they deserve to live comfortably after divorce. So what should you ask for in your divorce?

*For an in-depth look and explanation into the divorce and court process please follow this link to our Family Law Page

The Marital Home

The marital home is community property that is shared between both spouses. Regardless of whether you personally never made the mortgage payments, your name wasn’t on the deed or the mortgage, or whether your spouse already “kicked you out” - you have a right and interest in the home or the value of the home. Don’t assume that you have no rights in the house just because you already told your spouse that they could have it.

Pension Accounts and Retirement 401k Accounts

Financial accounts come with so many different names. I have plenty of clients who report to me that they have no idea what accounts their spouse opened or has from work. Many of us just don’t keep track of how much money is coming out of our paychecks toward this. Since I work with so many clients who work for Boeing or other large corporations, I am well-aware of these accounts and how to find them. Just because you did not pay into an account does not mean you shouldn’t benefit from an account your spouse paid into. After all, you may have taken care of the children, made meals, taxied kids and spouses to activities, and did things for them. This entitles you to a portion of the retirement. You worked for that retirement, too.

Personal Belongings, Guns, Jewelry

“What will I do with his guns?” I hear this all the time. There are some items that are very personal to one spouse or the other, but that was purchased using the marital funds. There may be instances where one item, piece of jewelry, gun, rare coin, power tools, or another collectible worth a lot of money. During a divorce, it is important to take an inventory of these items and properly value them so that each party is properly compensated in a divorce.

Stocks, Bonds, and Accounts

It is impossible for you to make a settlement agreement with your spouse until you have all the information. Your spouse may offer to end things “quickly” or “painlessly” if you just sign the agreement. He or She may offer you something that you believe has great value if you agree to sign - but how are you to know what is a fair deal unless you know what you may be missing? Often times, one party has a portfolio of stocks and bonds and they know their spouse does not know the value.

Liabilities

You may not realize that you are on a credit card with your spouse that he or she will never pay for. This may destroy your credit and not allow you to qualify for housing in the future. It is important for you to know what community debts you have before you finalize your divorce. Otherwise, you could be left with little money and loads of debt.

Brian L. Duce is a family law attorney in Marysville, Washington that specializes in divorce and child custody cases. He routinely helps clients get what they deserve in their divorce. Call to set up a free phone consultation with Mr. Duce Today: 360-659-9210.