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Horenstein Family Law Blog

Common Myths about the Divorce Process
Posted: January 7, 2010

  1. No matter what, I will be divorced in 90 days. The 90 days is a waiting period. It simply means you cannot be divorced in Washington until 90 days has passed after filing papers in court to start your divorce action and after your spouse receives copies of the papers. (the latest date of the two events starts the 90 days). If you have a complete agreement on all issues with your spouse and it is included in papers that you both sign, you can be divorced on the 91st day. However, no agreement means you will be divorced in Washington State when the process is complete which can take months and sometimes a year or more because you may need a trial and a judge to make the decisions.
  2. The person who wants the divorce, who wants out of the marriage will lose everything and be held accountable. This is not true because, Washington is a no fault divorce state which means the court believes no one is at fault and therefore won’t consider who or why someone had an extramarital affair. The court will not make decisions based on that information. The division of assets and debts is supposed to be fair and equitable without consideration of fault.
  3. A family law lawyer will automatically make us fight and take all our money. The only automatic thing an ethical experienced family law attorney does is give you good legal advice that you can rely on to make decisions. Attorney fees and costs are driven by your decisions and those of your spouse. For example, you want $1000 dollars a month from your spouse. She wants to give you nothing. Your lawyer will advise you on the likelihood of you receiving a $1000 so you can decide, is this worth fighting for, worth spending the money to go to court to get this. Your choice every time after you receives good legal advice.

Disclaimer: This blog is written and published by The Scott Horenstein Law Firm and primarily written by Dru S. Horenstein for educational purposes only, i.e. to give information and a general understanding of Washington family law, not to provide specific legal advice. The information provided by this blog should not be used as a substitute for legal advice from a licensed attorney in your state. Dru S. Horenstein is licensed to practice law in the State of Washington only.

You should not use the information in this blog to determine how your own legal case would be resolved. Every legal case is different and the smallest difference in facts between one case and another can alter the outcome and affect the legal advice you would receive from an attorney retained to represent you.

Your use of this blog does not establish an attorney-client relationship between you and The Scott Horenstein Law Firm. Such an attorney-client relationship can only be established by execution of a contract for legal services between The Scott Horenstein Law Firm and a prospective client.

Some material contained in this blog is general in nature and may not reflect the current laws of the State of Washington. The author of this blog does not necessarily support the views expressed in all articles contained herein and cannot guarantee their accuracy.

The inclusion of material from identified sources is for educational purposes only and is not intended to infringe on the copyrights of the identified sources.

The Scott Horenstein Law Firm, PLLC provides experienced legal counsel to clients with family law and personal injury needs in Washington. Our office is located in Vancouver and assists clients in Vancouver, Camas, Battle Ground, Ridgefield, La Center, Amboy, Yacolt, Washougal, Woodland, and throughout Clark County, Washington. Call Today For An Initial Consultation: 360-699-1530.

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