Washington divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations is the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Washington divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
A Petition for Dissolution of Marriage in Washington must be filed in Family Court, but only by residents of the state and county of filing.
Washington Grounds for Divorce
Washington is a no-fault state, permitting petitions for dissolution to be filed only on those grounds.
Uncontested Divorce in Washington
An uncontested dissolution occurs when the respondent fails to respond to the petition and the dissolution is granted by default. This may happen when the parties agree on all elements of the divorce and choose to process it more quickly by default.
Contested Divorce in Washington
A contested divorce or dissolution occurs when the parties cannot agree on the elements of the divorce and must continue to negotiate or appear in court to argue their case. These actions take much longer, are unpredictable and costly, and often require the services of a divorce lawyer.
Annulment in Washington
When a person finds himself or herself in an illegal marriage, and the illegal nature of that union was unknown to them at the time of their vows, they can have that marriage made void through a legal annulment. These actions are rare, however, because the grounds for annulment can be difficult to prove:
- Consanguinity, or marriage to a blood relative
- Bigamy
- Fraud and duress
- Mental illness
- Underage marriage, for those under 18 without parental consent, under 17 without written permission from the court
No Fault Divorce in Washington
The only ground for a no-fault divorce in Washington is the irretrievable breakdown of the marriage.
Washington Fault Divorce
Washington does not provide means for a fault-based divorce.
Washington Divorce and Child Custody
Child Custody Laws
The standard for child custody decisions in Washington courts is the best interests of the child. The parents must provide a parenting plan to the court for approval. Such a plan must have the following goals:
- To provide for the child’s physical care
- To maintain the emotional stability of the child
- To provide for the changing needs of the maturing child in a manner that avoids continued modifications of the plan
- To establish each parent’s responsibilities and authority
- To protect the child from exposure to damaging parental conflict
- To encourage parents to establish their own parenting agreements rather than relying on those imposed by the court
- To protect the best interests of the child
Child Alimony (Washington Child Support)
The Washington courts make child support decisions based on the official child support guidelines which generally consider either parent when making those decisions. If there are exceptions for a particular case, the courts will adjust those guidelines to ensure fair and equitable orders.
Parents in Washington use the Income Share Model in combination with standard Child Support Worksheets to calculate support estimates.
Washington Divorce Spousal Support
While Washington courts encourage spouses to create their own support agreement, if that becomes impossible, the courts will make a decision based on the following considerations:
- The dependent party’s assets and resources
- The time required for the dependent party to become trained and equipped for appropriate employment
- The marital standard of living
- The length of the marriage
- The dependent party’s age, health, and financial obligations
- The supporting party’s ability to meet their own needs as well as those of the party seeking support
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court.
Temporary Spousal Support
Determined at the discretion of the court.
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Washington
Spouses in the military are protected by Washington law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From a Washington Divorce Lawyer
While Washington courts desire that the parties in a marriage dissolution create their own divorce agreements, if that proves impossible and the divorce becomes contested, the court’s decision can have a life-changing effect on the parties. However, having an experienced divorce attorney to advise them can help the parties present their case more effectively, comply with all the legal requirements, and protect their rights in the hearing that decides their fate.