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Dissolution of Marriage
(Divorce) in Washington
State Ending a marriage can be a particularly upsetting event,
involving many uncertainties and emotions. If divorce or separation is
unavoidable or in your best interest, a lawyer can guide you in protecting your
rights. At the Law Office of Betty Brinson,J.D., P.S. we are sensitive to the
the emotions and legal confusion that this area of law often involve. We
endeavor to represent our clients in the most affective way possible. The
following is an overview of divorce proceedings in Washington State.
Please call us to discuss the specifics of your case. Ending a Marriage Various procedures may be used to end a marriage
that breaks down, including annulment, separation and dissolution. Annulment is a court-ordered dissolution of
an invalid marriage. Technically called a "Decree of Invalidity," it
nullifies a marriage from its inception and is granted in situations where no
valid marriage exists because of some legal defect. The criteria are very strict
and annulment is a very rare proceeding. A separation may be formalized with a legal
contract, or a "Decree of Legal Separation," or both. A legal
separation may be preferred to a dissolution for religious, economic or other
reasons. A couple may decide to live apart while attempting to save a faltering
relationship, or the separation may be an interim step toward termination of the
marriage. There is no legal requirement for actual separation before dissolving
a marriage. Oral or written understandings concerning property
disposition, arrangements for children, maintenance, or other agreements made
while separated may become part of a dissolution proceeding. If a marriage falls apart and is considered
"irretrievably broken," one or both partners may seek a dissolution of the relationship. This court proceeding legally terminates a marriage, and
makes provisions for the parenting of minor children, family support, and
division of property and liabilities. In Washington, a spouse does not have to prove
wrongdoing to obtain a divorce (now legally called a "dissolution of
marriage"). This no-fault system is intended to help spouses settle
matters without unnecessary bitterness or resentment. However, this also means
that the behavior of a spouse is not considered in the division of
property, assets and liabilities. Jurisdiction can be a tricky issue. You need only to reside in Washington on
the date that your petition for dissolution of marriage is filed. However, if
your spouse does not live in Washington or the two of you did not live in
Washington during the marriage, another jurisdiction may be a better choice for
dissolving your marriage. Ending a marriage involves many legal considerations. Technically, an
attorney is not required for the process, but a lawyer�s skill and experience
can be helpful to a person contemplating separation or divorce. A lawyer�s
advice may be especially beneficial in cases that are contested or that involve
children and property settlements. To start a dissolution proceeding, one spouse (called the
"petitioner") must file with the court a summons and
"petition" for dissolution of marriage. This document is then served on the other spouse (known as the
"respondent"), usually by having copies delivered to him or her.
Although there is no major legal significance as to whether the husband or wife
files the petition, there may be emotional or procedural advantages. The purpose of the summons is to command the responding spouse to reply to
the petition. Basic facts about the marriage are contained in the petition. In
Whatcom County, the court will automatically issue a mutual restraining order
when a petition for dissolution or legal separation is filed. This restraining
order makes both parties liable for their after incurred debts and prohibits
changing any insurance policies. If children are involved, it also restrains
moving the children and requires the parties to attend a parenting class. Once served, and depending on the recipient�s location (whether in-state or
elsewhere), the responding spouse has from 20 to 60 days to reply in writing to
the petition. In many situations, the next step is to arrange temporary orders to guide the
conduct of the parties. Either spouse may obtain temporary orders. Typically,
the requests cover such subjects as residential arrangements for the children
and child support, spousal maintenance, occupancy of the family home, payment of
bills, and other concerns for protecting people or preserving property. If the
spouses cannot agree on the temporary orders, a court hearing with a judge or
court commissioner will be held to establish necessary requirements. To settle any immediate problems in a dissolution action, a motion for
temporary orders or a "show cause" proceeding may be requested by
either spouse. These proceedings are initiated by filing papers with the Court
that requires your spouse to respond. A hearing will be held in Court and the
Court Commissioner or Judge will make a ruling solely on the pleadings. No live
testimony is taken during these proceedings. All issues must be settled in order to finish a case. If terms cannot be
negotiated between spouses, a trial will be held to decide any disputes. If
spouses agree on a settlement and no aspect of the dissolution is contested, the
case does not have to go to trial. In Whatcom County, if the parties are not
able to reach agreement on their own, it is mandatory that they attend mediation
and a pre-trial settlement conference prior to being allowed to go to trial. The final stage occurs when the court signs a "Decree of Dissolution of
Marriage." Settlements negotiated between spouses are presented in writing
for approval by the court and signature by the judge. If the case requires a
trial, the judge�s decision is recorded in writing and signed by the judge who
conducts the trial. A marriage is not dissolved until the judge signs the
decree. The waiting period for a dissolution of marriage in Washington state is a
minimum of three months. This means the summons and petition must be filed with
the court and served upon the other spouse for at least 90 days before the judge
signs the decree. This is a minimum period and is intended to allow time for a
reconciliation between parties. The process can take much longer if any aspect
of a dissolution is contested and the parties have difficulty reaching an
agreement. During the waiting period, temporary orders may be issued that provide a
temporary parenting plan for minor children, provide protection or support
money, or otherwise control the conduct of the parties. Property settlement may
be negotiated during this period or may, in fact, be arranged before filing the
petition for dissolution. At the wife�s request, her maiden name or a former name can be restored as
part of the dissolution decree. The request should be included in the petition
or response. Washington law requires a parenting plan in any proceeding for annulment,
legal separation or marital dissolution where minor children are involved. The
terms "child custody" and "visitation" are no longer used in
Washington dissolution law. Instead, the parents by agreement (or the court in
the event of a dispute) must develop a parenting plan. The parents may make an agreed parenting plan, or each parent may propose
opposing plans. The court considers the best interests of the children in
determining how to provide for the children. Every parenting plan must contain
at least the following elements:Residency Requirements
Legal Procedures
Waiting Period
Name Change
Parenting Plan
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a schedule for residential care; |
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allocation of responsibility for parental decision making; and |
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provisions for the resolution of future disputes between the parents with respect to parenting decisions. |
The law includes provisions for the protection of children from parental
abuse or neglect, from continued exposure to domestic violence, from the abusive
use of parental conflict, and from other types of conduct which the court finds
to be adverse to the child�s best interests. (For more information, see the
Parenting Act.) Both parents have a duty to support their children. Child support is based on
the Washington Child Support Schedule which takes into consideration the total
cost of providing a home for the children and of taking care of them in all
ways, and for each parent�s respective share of that cost, in accord with
their incomes. Child support is subject to periodic modification to meet changes in the
needs of the children, as well as changes in each parent�s ability to pay.
Child support payments are usually required until a child is 18 years old, or
graduates from high school, whichever occurs last, although circumstances may
affect the duration of the support obligation. For example, if a child under the
age of 18 gets married or otherwise becomes emancipated or self-supporting, the
court may terminate the parental obligation for the support. Post-secondary support may also be required for a dependent child�s college
or vocational education expenses, or for a handicapped child. Support may be
required as long as the child remains dependent. (For more information, see Washington
State Court: Child Support Information, Forms,
and the DCS Website) Spousal maintenance may be awarded where there is need on the part of one
spouse and ability to pay by the other. Once called "alimony," spousal support is now referred to as
"maintenance." It will not be awarded or withheld as punishment for
marital misconduct. The duration and amount depend upon the facts and
circumstances of each case, but is based upon a showing of need by the
requesting spouse and ability to pay on the payor spouse. In determining the need for maintenance, and the appropriate duration and
amount, the court will consider:Child Support
Spousal Support
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financial resources of each party; |
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work experience and earning prospects of each spouse, including consideration for the time required for one spouse to obtain training for becoming employed or self-supporting; |
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age and physical and emotional conditions of each party; |
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the duration of the marriage; |
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the standard of living established during the marriage. |
There is no fixed method for determining how property should be divided. In
Washington, all assets � real and personal, tangible and intangible � are
available for distribution. As a community-property state, Washington laws
provide for "just and equitable" division of property acquired during
a marriage; it does not necessarily require an equal division. Under some
circumstances, the court may also apportion separate (property owned prior to
marriage, gifts and/or inheritances) property. If the husband and wife negotiate an agreement, the court will probably
approve it. If no settlement is reached, the court will decide how to divide the
property. Property settlement agreements are binding and generally cannot be
modified. Property division is generally made without regard to marital misconduct;
instead, a court considers:Division of Property
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nature and extent of community property; |
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nature and extent of separate property; |
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how long the parties were married; |
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financial position of each party: whether each spouse is employed and self-supporting; entitlements to social security and profit-sharing plans; |
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who is going to pay the bills; and |
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special circumstances. |
A special provision of Washington law requires the court to consider whether
a parent should be allowed to continue living in the family home so the children
do not have to be moved. All liabilities must also be divided when dissolving a marriage.
Consideration is given to the type of debt and the circumstances under which it
arose. Factors influencing the property division are also applied when dividing
obligations. Most credit and charge account agreements provide for joint liability for any
charges added to joint accounts. Therefore, creditors should be instructed (in
writing) to remove your name from or, alternatively, close all joint accounts.
If you wish to maintain credit with certain creditors, separate accounts should
be opened. Like any judicial order, a judgment for dissolution will be enforced by the
court. Various legal remedies are available. Persons who willfully refuse to
comply with court orders may be held in contempt and jailed or fined. Child-support orders will be enforced by way of mandatory payroll deduction.
This will be paid to the Washington State Child Support Registry from the
inception of the order, unless the court finds that there is good cause to
believe that the support will be voluntarily paid directly to the other parent
on a timely basis. Mandatory payroll deduction also is available as a means of
collecting support in cases where the original order did not provide for that
method of collection, if the obligated parent has fallen behind in support
payments. Parents who are not receiving court-ordered support should contact their
local Division of Child Support or a private attorney. Property settlements and family support arrangements can have serious tax
consequences to one or both spouses. Tax-filing status will be affected by a
decree of dissolution, annulment or legal separation. Legal or accountant�s
fees incurred for tax planning and advice in connection with a marital
proceeding may be partially deductible. Washington law does not require that the services of an attorney be used in
dissolution proceedings. However, ending a marriage involves serious and complex
legal and financial considerations. Along with serving as your advocate and
negotiator, a lawyer knows the process to follow and which papers to file. Your
attorney can advise you of your legal rights and obligations, can help reach
settlement on disputes, and can represent you in enforcing your rights. You are
most likely to need an attorney if you have children and/or real property (real
estate). Among alternatives to having a lawyer represent each spouse are self-help
guidebooks and mediation with the help of a trained professional. The costs �
and consequences � of each option can vary significantly, so spouses should
carefully consider the possibilities before proceeding. Deciding which approach to follow and selecting a lawyer are personal
matters. Each party has the right to use an attorney, so if one person elects
not to, the other still can. However, the Bar Association specifically prohibits
a single attorney from representing both spouses in a dissolution proceeding. Division of Bills and Debts
Court Orders
Tax Consequences
Service of an Attorney