Legal Question in Family Law in Washington
Divorce
Married for 16 years no children I suffer from agoraphobie,anxiety and panic I am working to get better every day.My husband abandon me emotionaly years ago and has not been a positive partner for many years and has said some very hurtful things(deep emotional abuse).I make very little money working from home.Is it possible to sell the house while we are still in it so I can get one on my own during a divorce.We got married in CA and live in WA State now.I really need help getting a divorce I am co dependent to a point.
2 Answers from Attorneys
Re: Divorce
Selling the house during the divorce would not be a problem (legally), but distribution of the proceeds is unlikely prior to final resolution. More likely in a motion for temporary orders is the result of one party being allowed to continue to reside in the home (and the other required to move out) pending sale, and distribution of proceeds in the decree.
Re: Divorce
This is a Washington dissolution. You can look online for the forms at courts dot wa dot gov - the summons and petition are needed to start the action. There is also a filing fee. If you are indigent, the filing fee can be waived.
You can contact your county Bar association for a referral to an attorney or a clinic where you can receive advice and counsel.
Making up your mind what you want to do and that you want a change is the important part, and you have all ready done that. Now, you just need some assistance with the details. That's what family law attorneys do best. Call one.
Depending on the assets and debts of the community, the house might have to be sold, or it might not. Because you were married for 16 years, you probably qualify for maintenance. Also, if you are disabled (and your doctor says so) then you may be able to ask for maintenance on the basis of your disability. Maintenance could be ordered during the pendency of the action, and it could go on longer to help you get established. That will help with the housing issue.
Washington is a community property state. Half of what your husband owns is yours regardless of whose name is on the title.
Hope this helps. Elizabeth Powell