Legal Question in Family Law in Washington

Financial Divorce

My wife and I would like to get a financial divorce and property settlement but remain living together and have dual custody with our two children. Is it possible to get a financial divorce without separation?


Asked on 4/27/98, 1:03 am

3 Answers from Attorneys

Contract "sui generis"

The facts you state are posible under different essenarios and as allowed by the state law of your state.Consult with and attorney, or the free legal assistance of the local bar association, or the local court.Good luck.

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Answered on 5/18/98, 8:24 pm
Weston Cotten Weston Cotten Attorney at Law

Financial divorce

You don't say what state you live in. This will have an effect on what is allowable. You also do not say why you are wanting this "financial" divorce. You might be able to get the divorce and continue to live together, but you will need a good lawyer and property settlement agreement and possibly a contract to determine the status of the property after you continue to live together. Find a good family law attorney and have the question researched after you give the answers to all the questions.

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Answered on 5/18/98, 8:26 pm
Gerald Hershenson Law Office of Gerald M. Hershenson

Financial Divorce

There is no legal reason that financialarrangements can not be made while you stilllive together. However, there are many practical problems that could arise.In my opinion your action is best discussed with a local attorney. However, a written contractsetting forth the arrangement is an absolutenecessity. Unless there are compelling reasons to stay together, I suggest that in thelong run such a decision could lead to a greatmany problems that you can not foresee. As aresult I would suggest that other alternativesmy be a source of greater wisdom. However,a written contract that is honored by all parties can work. Please keep in mind thiswould require cooperation between all parties.If you are contemplating a divorce I suspectthat cooperation between parties would bedifficult and that is why I believe it is anunwise solution.

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Answered on 5/18/98, 10:36 pm


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