Let’s face it: more than half of all marriages in these United States end in divorce; and judging by my caseload of late, 80% of those more than 50% of marriages that end in divorce end up hiring me to represent them.
Divorce (or “dissolution,” as it’s more commonly known in Washington) is a painful and often embarrassing process. However, with a little foresight and planning, your dissolution proceeding can be a breeze!
1. Do Not Have Children: One of the most difficult (and therefore most expensive) parts of a dissolution proceeding is determining the primary residential parent. When filing your Petition for Dissolution, a dissolution with children requires at least seven extra forms. In order to save some money and trouble, do not reproduce. Of course, if you honestly can’t control your base, animal urges, keep reading.
2. Do Not Share Embarassing or Painful Secrets with Your Spouse: Were you molested as a child? Do you worry about your ability to parent? Was your circumcision slightly botched, leaving your member lopsided? DO NOT share these secrets with your spouse. Childhood abuse can be used in conjunction with a psychological expert to prove that it is more likely than not that you will in turn abuse your children; worrying about your ability to parent can be carefully crafted into an admission of inability; sexual dysfunction is just fun to bring up in court, despite it’s lack probative value in relation to child-rearing. For best dissolution results, do not tell your spouse anything that you would not feel comfortable telling strangers out in front of the courthouse.
3. Do Not Touch Your Spouse: Any unwanted touching is defined as battery; any battery committed upon another member of your household is domestic violence. Domestic violence perpetrators are required, under Washington law, to have restricted access to their children, including shortened or supervised visitation. “Stay Safe: Stay Away!™”
4. Do Not Move Too Quickly Toward Your Spouse, or in a Way that May be “Menacing”: If an individual has a reasonable apprehension that an imminent battery is about to occur, they have been assaulted. Any assault committed upon another member of your household…. etc. See number 3.
5. Do Not Have Intimate Relations with Your Spouse without a Signed Acknowledgment of Consent: If they’re not “in the mood,” but acquiesce to your continued entreaties for “gettin’ freaky,” you may have committed marital rape. See number 3.
6. Never Ask Your Spouse Not to Do Something: Asking your spouse not to wear a certain outfit that prominently displays the nipples, not to hang out with a certain friend who gives you the creeps, or asking that he or she stay with the kids while you dash out to see your cousin who’s in town for tonight only could be viewed as controlling behavior. Let your spouse do anything he or she wants, and do not share any discomfort you may have with those actions.
7. Have A Neutral Third Party Available at All Times to Observe Your Actions: Family members and the friends of only one of the spouses lack credibility; they are more likely to lie or exaggerate an event to help out the party they have a familial relationship or friendship with. Hire a neutral, disinterested person to follow you and your spouse everywhere and observe everything that happens between you. Be sure that you pay the observer either from community funds, or that each spouse pays exactly half of the fee from their own separate property.
8. Get an Antenuptial Agreement, and Do It Right: Have an attorney draw the agreement up; then be sure that each potential spouse sees their own attorney, paying for the attorney from separate funds. Be sure to sign the agreement at least one year prior to the wedding, and that you both have law degrees and are over 25 years of age before signing. Review the agreement every six days during your marriage, and initial your continued acceptance of the terms. Do not marry until this agreement has been signed, but make it clear that you are not pressuring your potential spouse to sign the agreement. At no point during the marriage should you do anything that might break or bend the rules of the agreement.
9. Always Consult an Attorney Before Doing Anything: The first thing you do in the morning, the last thing you do before going to sleep, and the most important thing to do at all times during the day when you have to make a choice, should be to call your attorney and ask “is this the right choice, given the high probability of a divorce?” Your attorney can analyze the pros and cons of each moment of your day and tell you what choices will make you the “Good Spouse.”
Remembering these simple and handy tips will ensure that your dissolution is a successful and happy one.