Legal Question in Family Law in Washington
separation
In yannuary I recieved a 2 lines email from my husband of 3 years saying''This thing needs to be over(!)Is his communication the equivalent of a legal separation? If we go for a divorce will we be considered legally separated from the day of his communication ? Is there such a thing as abbadonement in the divorce law? I have helped him financially untill yuly 2008 with cash. He promised to look after me when he recieve his family hineritance. I believe this is just happened. Should I reply to him asking for financial assistance? I have a written promise from my mother in law(she controls the trust) that she woul help us buy a house, does that help? Can I name her as an accessory to the break down of my marriage? Her sister is willing to testify of past child abuse( use of drugs and inappropriate sexual behaivior in front of a minor). Are any assets that I aquired before our marriage considered common?
1 Answer from Attorneys
Re: separation
Legal separation is a court judgment, much like a dissolution or "divorce." Your husband's email may set the "date of separation," that being a mental determination of when the marriage had completely broken down. The date of separation sets the date when the community estate ceases and from that point each spouse's earnings are their separate property. CA has "no fault" divorce, so "abandonment," and "accessories," are not an issue. You may have a right to some money from the inheritance if you can prove the contractual arrangement you assert, but that's a difficult proposition. On child abuse, that should have been dealt with when it happened. Nonetheless, it's an issue for determinations of child custody, restraining orders, etc., it is not a money issue.