Are you going through a divorce in Washington State? You might have heard you should get a CR2A but have no idea what it is or why you need one.
What is a CR2A?
CR2A refers to Court Rule 2A, a Washington State civil rule which governs agreements made out of court. In simple terms, if you and/or your attorneys sign an agreement during mediation, for example, or sometime before a trial, that agreement will be enforceable in court.
A CR2A is an extremely powerful legal tool used in the resolution of marital dissolutions. The document can be an effective means for saving you from the time, stress, and expense of going to trial.
The rule reads as follows:
No agreement or consent between parties or attorneys in respect to the proceedings in a cause, the purport of which is disputed, will be regarded by the court unless the same shall have been made and assented to in open court on the record, or entered in the minutes, or unless the evidence thereof shall be in writing and subscribed by the attorneys denying the same.
In other words, if you don’t execute your agreement, it won’t be enforceable in court.
When should you sign a CR2A?
When you resolve your divorce dispute out of court, you will almost always sign a CR2A while the final documents are being drafted. If you go to mediation, the mediator’s goal is to help you both walk away with a CR2A to resolve your disputes out of court.
You want a CR2A because it provides an incentive to the other party not to renege on their agreement. The idea is both parties walk away from a dispute with the understanding it’s over; they’re free to move on with their lives. Without a CR2A, there’s no telling if and when either party will change the deal they agreed to or withdraw it.
If either party violates the CR2A, it’s enforceable in the same way that a final court order is enforceable. The violating party violating may likewise be required to pay costs and attorney’s fees for failing to follow the agreement.
How can I find representation in the State of Washington for my divorce?
It’s our goal to help our clients settle their disputes as efficiently and expediently as possible, which is why we use all out-of-court tools at our disposal before resorting to trial. Many courts require attempting mediation before resorting to court action, except under certain circumstances (such as domestic violence).
We understand that divorce can be a harrowing experience emotionally, physically, financially, and logistically, which is why we have lawyers here to help. Having an experienced divorce lawyer can make all the difference to your process. Because we focus solely on family law, we understand the dynamics and can help guide you through your divorce.
Contact Elise Buie Family Law Group, PLLC for a consultation regarding your divorce. For more information about collaborative divorce or mediation, please visit our website.