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- posted: Dec. 28, 2020
It is common for wedding vows to include a promise to stay together in sickness and in health. Unfortunately, not everyone is capable of fulfilling that specific promise. They may have meant well during the wedding but fail when it comes time to uphold that promise.
Some people begin to resent their spouse when there are significant health issues. Others just can’t offer the support and care that an individual with a terminal or chronic health issue requires.
Finding out that your spouse wants a divorce can add injury to insult when dealing with a serious medical condition. You may even find yourself wondering how you will support yourself and whether your illness will have any impact on the divorce proceedings.
Marital misconduct doesn’t affect property division
It is surprisingly common for one spouse to start having an affair when the other has a serious health issue. The other spouse can become abusive or simply neglect the needs of a partner with health issues. Your spouse’s inability to fulfill their vows and lack of support may have been a terrible experience for you, but it will likely have minimal impact on how the courts rule.
Washington law does not allow a judge to consider marital misconduct when deciding how to split up someone’s property in a divorce. That means that you can’t ask for any kind of punishment because of your ex’s failure to support you. However, the courts can and will consider your economic circumstances.
If your health condition is serious enough, your inability to support yourself might affect how the courts split up your property. It might also bolster a claim for spousal maintenance or alimony.
Can your health issues affect custody decisions?
Serious health concerns can sometimes impact custody determinations. While the courts obviously don’t want to punish someone for having a health issue, they also have to make decisions that they feel are in the best interests of the children.
If you are too ill to provide care, especially if the children aren’t independent yet, that can influence how the courts split up parenting time. The age of your kids, the amount of support you’ll have and the impact of the condition on your parenting will determine how much, if any, bearing your medical issue has on the custody decision in your divorce.
It can be easy to become so wrapped up in emotions during a divorce that you don’t look at the bigger picture. Especially if you have secondary factors, like health issues, that complicate your divorce, getting help early in the process can make things easier for you.
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Robert Getz provided stellar representation in my case. From the first meeting where he outlined the law and along the way as he updated me on the status of my case and how the law and the facts were on my side. It was easy to see I had t...
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Robert Getz is a standup guy; straightforward; he's fair and honest. Robert gives advise to his clients as if he were in your shoes. He has the best interest of his clients in mind and goes to bat to ensure things are carried out in the m...
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Robert Getz was very intelligent in his handling of the complexities of my family law case. Unraveling the layers of deception that previous lawyers had found insurmountable. Robert was able to bring a truthful resolution to a case that spa...
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Robert Getz is a standup guy; straightforward; he's fair and honest. Robert gives advise to his clients as if he were in your shoes. He has the best interest of his clients in mind and goes to bat to ensure things are carried out in the m...
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2828 Colby Avenue, Ste. 406
Everett, Washington 98201
Law Office of Robert N. Getz, P.S. is located in Everett, WA and serves clients in and around Everett, Marysville, Mukilteo, Stanwood, Lake Stevens, Snohomish, Lynnwood and Snohomish County.
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