THE PLAN FOR SELLING DURING DIVORCE

At least one spouse must have lived in Washington for six months and in the county where the divorce is filed for at least three months before you can file for divorce.

Washington is a no-fault divorce state, which means that neither spouse needs to prove the other is at fault. The grounds for divorce are:

• Irreconcilable differences, which have caused the marriage to break down and can't be fixed. 
• Incurable insanity, although this is rare.

• Petition for Dissolution of Marriage: The process begins with one spouse (the petitioner) filing a Petition for Dissolution of Marriage with the family court in the county where they live. 
• Summons: Along with the petition, a Summons is also filed, which notifies the other spouse (the respondent) that they are being sued for divorce.

• The petitioner must ensure the divorce papers (Petition and Summons) are formally served on the respondent. This can be done by a third party (not the petitioner), such as a process server or sheriff.
• The respondent has 30 days to file a response with the court if they wish to contest the divorce. If they don't respond within 30 days, the court may grant a default divorce.

Either party can request temporary orders for things like child custody, spousal support, child support, or property control while the divorce is pending.

• Both parties must exchange financial disclosures, including income, expenses, assets, and debts, so that the court can make informed decisions on child support, spousal support, and property division.
• This includes filing a Preliminary Declaration of Disclosure and a Schedule of Assets and Debts within 60 days of filing.

Washington follows community property laws, meaning that any property or debt acquired during the marriage is typically divided equally (50/50), unless agreed otherwise.

• If the couple has children, the court will decide on custody arrangements (physical and legal custody) and child support based on the best interests of the child.
• Child support is calculated according to statewide guidelines based on both parents' income and the amount of time each parent spends with the child.

Spousal support may be awarded depending on factors like the length of the marriage, the standard of living during the marriage, the recipient's needs, and the payer's ability to pay.

• After all issues are resolved (either through negotiation, mediation, or trial), the court issues a Final Judgment of Dissolution of Marriage.
• In Washington, the divorce cannot be finalized until 90 days have passed from the date the respondent was served with the divorce papers. This is called the waiting period.

If the respondent contests the divorce, there may be hearings, mediation, or a trial. If both parties agree to the terms, the court can finalize the divorce without a trial.

After the divorce is finalized, either party can request to modify child support, spousal support, or custody arrangements if there is a significant change in circumstances.

If there is any concern about domestic violence, the victim can request a restraining order to protect themselves and their children.

Divorce laws and processes can be complex, and it's often helpful to consult with an attorney, especially when issues like custody, support, or division of assets are involved.

• Identify if the home is community property (jointly owned) or separate property (owned by one spouse before marriage or acquired via inheritance/gift).
• Consult a family law attorney to confirm property classification.

• A divorce court may issue orders regarding the sale of the home, especially if it's marital property.
• Both spouses need to agree on decisions unless the court assigns authority to one party.

• Select an agent experienced in handling divorce sales. They can mediate disagreements and maintain neutrality.
• Ask about strategies for marketing and negotiating while respecting the sensitivities of divorce.

Get a professional appraisal and/or comparative market analysis (CMA) to establish the home's fair market value.

Ensure the home is in optimal condition for sale. Discuss costs for staging or repairs with your agent and determine how expenses will be split between spouses.

Understand capital gains tax exemptions (up to $250,000 per individual or $500,000 per couple for primary residences if criteria are met). -Consider using a CPA to ensure both parties understand the financial consequences of selling.

Use mediation if disputes arise regarding pricing, offers, or terms. Having clear court orders or agreements can streamline decision-making.

• Ensure clarity on how the net proceeds will be split. This is often outlined in the divorce decree.
• Resolve liens or debts associated with the property before distribution.

Maintain open communication, either directly or through attorneys, to prevent delays caused by conflicts.

Consider market timing and how quickly the sale needs to be finalized due to court deadlines or financial pressures.

Deciding on whether to sell the home is often the first step. If you choose to sell, you'll also need to determine the timing.

If selling is the chosen option, it's important to decide which spouse will remain in the home until the sale is complete.

Agree on how the mortgage, maintenance, and other home-related expenses will be handled during the transition period.

If one spouse wants to keep the home as part of the settlement, you'll need to decide on arrangements, such as refinancing the mortgage or buying out the other spouse's share.

One of the biggest misconceptions is that creditors will follow the terms outlined in your divorce decree. Unfortunately, that's not the case. Even if your divorce decree states that your ex is responsible for paying off a specific account,

creditors and lenders don't recognize this agreement-they will still hold both parties accountable.
If your ex-spouse makes a late payment on a joint account or misses a payment entirely, it will still reflect on your credit report if your name remains on the account. The lender expects both borrowers to repay the debt as originally agreed, regardless of what's stated in your divorce agreement.

What You Can Do:

• Monitor any joint accounts closely.
• Take steps to remove yourself from joint obligations as soon as possible.

Important Note: While this guide provides helpful advice, it's not a substitute for professional legal or financial counsel. Be sure to consult with attorneys or financial advisors for advice tailored to your specific situation.

It's crucial to understand the difference between being an account holder, an authorized user, or a joint account owner when reviewing your credit accounts: • Account Holder: You're solely responsible for the account.

• Joint Account Owner: Both you and your ex are equally responsible for the account.
• Authorized User: You're permitted to use the account but are not financially obligated to repay it.

To protect your credit, obtain a copy of your credit report from all three major credit bureaus and review every account. Contact creditors to confirm your role in each account. Then, take these actions:

• For Joint Accounts: Pay off and close them if possible to avoid future disputes or late payments.
• For Credit Cards in Your Name: Remove your ex as an authorized user. Taking these steps ensures that you're only responsible for your own financial obligations moving forward.

Keeping an open line of communication with creditors is essential. Here are some important actions to take:

• Update Your Address: Make sure all creditors have your current address so you continue to receive statements and updates.
• Discuss Account Adjustments: Work with creditors to remove your ex as an authorized user where applicable.
• Freeze Your Credit: Contact all three major credit bureaus (Equifax, Experian, and TransUnion) to freeze your credit reports. This prevents a vindictive ex- spouse from opening fraudulent accounts in your name.

Once you've decided to sell your home, it's important to have a clear understanding of how the proceeds from the sale will be handled. Work with your real estate agent to:

• Estimate your net proceeds from the sale (the amount left after paying off the mortgage, fees, and closing costs).
• Determine how the proceeds will be split between you and your ex-spouse, as outlined in your divorce agreement.
• Confirm when the funds will be available to you after closing.

Having this information will give you a better idea of the financial resources you'll have to work with for your next steps.

Once you know approximately how much money you'll receive from the sale, decide whether you want to:

• Purchase a new home immediately.
• Rent for a period of time before buying.

Regardless of which option you choose, you'll need to create a budget that reflects your new financial situation. Be sure to include all sources of income, such as:

• Your current salary or wages.
• Alimony or child support payments (if applicable).

Your budget will help you determine what you can afford and give you clarity as you move forward.

If you decide to purchase another home, it's crucial to work with a lender to get pre-approved for a mortgage. Here's what to expect:

• Documentation Requirements: Be prepared to provide income verification, asset information, and your divorce decree. If you're using alimony or child support to qualify for your loan, the decree will outline the terms of these payments.
• Timing for Support Income: Most lenders require you to have received alimony or child support for at least 90 days and to show that these payments will continue for a minimum of 3 years after closing.
• Lending Guidelines: Lending requirements can change frequently, so it's important to discuss your personal situation with a lender to ensure you're eligible and ready to move forward.

By following these three steps, you'll have a clear plan for your next move, giving you the confidence to start fresh after the sale of your marital home. Planning ahead minimizes the uncertainty and allows you to focus on building the next chapter of your life.

While it might be tempting to hire a friend or family member as your agent, it's often not the best choice during a divorce. Selling a home in this situation requires someone with experience handling the unique complexities of divorce- related transactions.

Look for a real estate agent who is:

• Experienced in selling homes during divorces.
• Skilled at navigating the challenges that may arise.

Knowledgeable about the local market and prepared to price, market, and sell your home efficiently.

Take the time to interview at least three agents before making your decision. Ask about their experience with divorce sales, their approach to representing both parties fairly, and their track record of resolving challenges in high-stress situations.

The ideal agent will remain neutral, ensuring that both parties feel their interests are represented equally. They should also:

• Avoid becoming entangled in personal disputes or conflicts.
• Stay focused on the sale of the home, not the emotions surrounding it.
• Be able to identify and address underlying issues that might stall progress.

Divorce adds an extra layer of stress to what is already an emotional process. The agent you hire should:

• Keep the sale on track while maintaining fairness for both parties.
• Advocate for a smooth, efficient process without letting emotions derail negotiations.
• Protect your privacy and motivations during negotiations.

Even in the best circumstances, selling a home can be an emotional and stressful process. Divorce only amplifies these challenges. Hiring a seasoned real estate professional who understands the complexities of divorce-related home sales ensures the process is as smooth and fair as possible.

A skilled agent can:

• Protect both parties' interests equally.
• Keep negotiations focused on achieving the best possible outcome.
• Handle the transaction with discretion and professionalism, ensuring your privacy and motivations remain secure.