Legal Question in Family Law in Washington

Re: Need wife out asap

There is nothing "asap" about law, ever. You don't say when the dissolution was filed. There is a 90 day waiting period before it can be finalized at the soonest, and if they don't agree to divorce sooner, there will be a trial.

You say it will be final on September 16th. That isn't cast in concrete - many things can happen.

It is a very, very bad idea to use domestic violence as as basis to get somebody out of a house. If your brother is fearful of his safety, he can leave; he's a grown man, and she can be in the family home until the matter is resolved.

I hear that he wants her and the extra shirt-tail relatives gone, but Washington is a community property state. Half that house, half their cars, half his paycheck is hers.

There is no dramatic urgency or danger here. HOWEVER, if he were to keep pushing this "asap" agenda, she could lawyer up and the divorce could wind up costing him a fortune.

Also, I am always leery about third-party consults. If your brother was truly all upset about this situation, then he should contact a lawyer directly.

But taking the law into his own hands and asserting his ownership interest in the house (even if he's completely correct) is a really bad idea.

Sorry to rain on your parade.

Elizabeth Powell

Re: Need wife out asap

There are several facts that are relevant to how this question should be answered that I will have to guess at or make assumptions about: I assume that your brother gets the house when the divorce is final. I assume that this was an agreed resolution. Without knowing what else was agreed, but guessing at what important interim issues were not agreed or resolved, including use of the home pending entry of final orders. I would also guess that this was done pro se (no attorneys). Your brother could file a motion for temporary orders, to ask the court to order her to move out. Whether he he would be successful would depend on facts not in your inquiry, and how she will react at a personal level I of course can not say. It may be simpler to just wait out the 6 weeks until the (I assume) agreed final orders are entered.