View Full Version : Definition of long term marriage WA state?
rded4
Dec 1, 2010, 05:41 PM
What would define a long term marriage in years? I have been married for 13 years and divorcing and am pro se and my husbands lawyer is saying that ours is not a long term marriage as to make it so I'm not entitled to many of family assets I am from Washington State.
ebaines
Dec 2, 2010, 01:11 PM
I don't think there's a specific time defined for "long term" marriage, but there is probably case law that provides guidance on how to consider the longevity of the marriage in splitting up assets. A couple married only 10 days is clearly not in a long-term marriage, whereas a couple married 40 years is. How 10 years falls in this continuum I don't know, but your husband's lawyer is arguing that 10 years isn't all that long a period out of one's life - and therefore you are not due as miuch as if you had been married 40 years.
Given that your husband has a lawyer I would strongly advise that you have one as well. Remember that adage - "a person who serves as his own lawyer has a fool for client."
cdad
Dec 2, 2010, 03:25 PM
5. The trial court incorrectly considered the duration
Of the marriage, erroneously distributing assets
As if this were a long-term marriage, when it is a
Mid-range marriage.
The trial court erroneously applied the third statutory factor,
The duration of the marriage. RCW 26.09.080(3). The court ruled
That this 19-year marriage is long-term "by today's standards" (CP
211), contrary to this Court's recent reminder that a long-term
Marriage is a marriage of 25 years, or more.
http://rds.yahoo.com/_ylt=A0oG7nVXG_hMor0A1TFXNyoA;_ylu=X3oDMTE0MXI3NTJ tBHNlYwNzcgRwb3MDNQRjb2xvA2FjMgR2dGlkA1ZJUDAzN183M g--/SIG=12prtf1m8/EXP=1291414743/**http%3a//www.courts.wa.gov/content/Briefs/A01/633040%2520appellants.pdf