Legal Question in Family Law in Washington

divorce/abandonement

my fathers wife left him to live with her daughter last june(4 months) she has a history of depression and apparently fell into another low.my question is: if she decides not to return home or persue divorce does she forfit her right to half of there joint propertys?is there such thing as an abondonement clause? they live in the state of washington.


Asked on 9/23/08, 7:52 am

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: divorce/abandonement

There is no "abandonment clause," but there is case law that supports the concept of a stale marriage (that terminated the marriage for time without effective relationship), but that is decided by courts on a case by case basis, and in any event it would be years not months to have basis for making such a claim. You should also understand that the courts in Washington do not award property on half/half basis, but on an equitable distribution of all property and debt with consideration of several factors.

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Answered on 9/23/08, 8:42 pm


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