Seattle Divorce Lawyers and Property Division Attorneys
If you’re going through a divorce, there is a good chance that you would rather take control of the decisions that need to be made rather than leaving critical decisions to a judge who will not have the same vested interest in the outcome of your case as you.
At our firm, we help clients reach negotiated settlement to the extent possible concerning decisions on key divorce matters such as custody, parenting time, and property division.
Understanding the Default Assumptions of Washington Law in a Divorce
At the outset of a divorce, it’s important to understand that Washington courts are governed by certain principles, including the following:
- They do not seek to “punish” a spouse who may be “responsible” for causing the divorce (such as by being unfaithful) by awarding a lesser share of property, or by taking away or reducing such spouse’s rights to custody or parenting time.
- They govern under equitable rules concerning property division; with the assumption that all assets and liabilities will be divided equally.
- There is a presumption that both parents should be allowed significant parenting time, as this is deemed to be in the best interest of children.
In other words, the “fault” for the divorce is not considered in property, custody, and parenting time resolution.
Our Divorce Practice is Focused Not on Fighting, But on Winning
In divorce, there’s often the perception that the process will be highly contentious, and therefore a strong attorney is needed to “fight” for clients. This is not the case, and this is not how we usually represent clients in family law matters.
No one wants to lose, especially in property, custody, and similar matters. When attorneys posture to “fight” the other side, matters can quickly escalate, positions on issues that should have been capable of resolution through negotiation or mediation become intractable and must be addressed in court. This is not a productive result in most cases.
Instead of fighting, our focus is on helping clients identify key concerns and objectives, and then seeking to develop solutions designed around achieving these objectives to the extent possible. In many divorces, there will be significant assets that must be divided, many of which (like a house) are not subject to physical division. Similarly, both parents cannot also have primary physical custody of children.
Often achieving a successful outcome for a client is the result of creative problem-solving, and dedicated negotiation representation, rather than fighting and threats to take a matter to trial.
In some situations, however, agreement on key matters may not be reached. In these instances, we are focused completely on winning at trial on behalf of our clients.
To learn more how we can help in your divorce, please call firm attorney Denise Diskin at (206) 324-8969.