Everett Legal Issues Blog

The desire to put an end to one's marriage can happen at any age. When a relationship has run its course, it makes sense to walk away even if doing so may cause some hardships for one or both parties. For instance, an article was recently published that talked about the strong impact gray divorce has on a person's finances. While this article should not persuade Washington residents who are considering marital dissolution to stay in bad marriages, it is useful information to know and may even help one when negotiating settlement terms.

According to the article, the United States has seen gray divorces increase substantially since 1990. With this increase has come a rise in the number of adults ages 50 and above experiencing health and financial troubles. According to various studies, divorce mid to late in life can cause a person to experience depression, weight gain and high blood pressure -- which in turn can contribute to other health issues. In terms of financial health, those who divorce at the age of 50 or older lose 50% of their wealth -- which is expected. The real worry is that many of them fail to recover from this loss.

It may have seemed perfectly logical to you when your new spouse suggested that you keep your individual bank accounts. Perhaps you added a joint account for paying bills or you divided the bills between you. Perhaps you never had an account of your own but trusted your spouse to take care of the finances.

Now that your marriage is coming to an end, you may be wondering what your financial future will be like. Your spouse may tell you that the money in his or her account does not belong to you and that you will have to make do with whatever you saved on your own. Fortunately, this may not be the case, but you may need skilled legal assistance to obtain what is legally yours during property division.

If you want to keep your divorce out of court and civil, there is a way for you to do that. Couples in Washington are typically required to utilize mediation to settle disputes and come to agreeable dissolution terms. This alternative dispute resolution method can work for most couples who are going through the divorce process. It may work for you if you take the time to prepare for it.

When it comes to divorce, winging it is not the best approach. You cannot achieve a settlement that is fair for you if you do not know what to ask for or what you are entitled to. You may also find the mediation process confusing and stressful if you do not know what to expect.

Did you recently lose a loved one? Has the probate process come to a standstill due to disputes about how his or her estate should be distributed? Are you worried that this means drawn-out court proceedings will be in your future? In the state of Washington, it may be possible to avoid litigation entirely by requesting the disputes be resolved through the mediation process.

The Trust and Estate Dispute Resolution Act, which has been in effect for just over 19 years now, allows you to skip litigation when you have a probate dispute that needs to be resolved. TEDRA can be used to tackle a wide range of disputes, such as questions regarding will validity or existence, claims of undue influence, third-party claims and concerns regarding beneficiary designations -- among various others. If you wish to utilize TEDRA, you have to file an official petition in court, then the real work can begin.