Legal Question in Family Law in Washington

Re: divorce

WA is a community property state and your divorce is not effective against third party creditors of your husband.

You do not file for both a divorce and a legal separation, as those actions are mutually exclusive. A legal separation does not end a marriage, and a dissolution ends the marriage.

There is a "separation date". That is the date that you and your husband stopped being a marital community, and generally speaking each party is responsible for their own debts subsequently incurred after separation.

But community debts remain community until they are paid off. The third party creditor does not care who pays it, just that it is paid.

The Court can't interfere with the creditor's right to be paid. If they did, no one would ever extend credit to either spouse.

Hope this helps. Elizabeth Powell