Washington divorce laws
Child Support
 Washington
divorce laws allow the court to order one or both parents to pay
child support in accordance with state guidelines. Some observers
point out that Washington state, like many states, only takes into
account basic information and doesn't consider what are actual child-related
expenses truly are. Washington reviews how much you ear, how much
your soon-to-be-ex earns, how many children from the marriage, and
what percentage of time the children are under the care of each parent.
That's it. The
good news for the non-custodial parent? Washington computes child
support based on NET income rather than gross income.
A common complaint heard from Washington state residents is that they must complete detailed income and expense forms for the court, but that that information is largely ignored when courts make child support orders. Washington divorce laws require it despite its limited use.
Washington's Department of Social and Health Services (DSHS) assists parents in the payment and collection of child support, provides for direct deposit of funds, offers an on-line payment web site, assists in ensuring medical insurance is provided for children, and works with employers to identify and collect court ordered child support. Should you be in a position where you haven't retained an attorney but need to begin the child support process, you may click on the link here.
Looking for a child support calculator to determine what amounts will be required to be paid? On-line child support worksheets can also be located at the above link. You can review frequently asked questions about Washington state child support by using the following link. Everything else you'll need to know can be found here.
Looking to initiate or make child support payments on-line? You may begin that process by going here or by writing them at:
The Division of Child Support EFT Customer Service Unit PO Box 9010 Olympia, Washington 98507-9010
Tel: (800) 468-7422 8am-5pm Mon-Fri (360) 664-5103 8am-5pm Mon-Fri
Washington divorce laws dictate that support
payments received by DSHS be forwarded to the receiving party within 48 hours.
This makes the process streamlined and provides for rapid receipt for the
custodial parent. You may wish to buy one or more books on this page that
will help you determine your rights and obligations.
| Divorce Myth: When parents don’t get along, children are better off if their parents divorce than if they stay together. Reality: A recent large-scale, long-term study suggests otherwise. While it found that parents’ marital unhappiness and discord have a broad negative impact on virtually every dimension of their children’s well-being, so does the fact of going through a divorce. In examining the negative impacts on children more closely, the study discovered that it was only the children in very high conflict homes who benefited from the conflict removal that divorce may bring. In lower-conflict marriages that end in divorce—and the study found that perhaps as many as two thirds of the divorces were of this type—the situation of the children was made much worse following a divorce. Based on the findings of this study, therefore, except in the minority of high-conflict marriages it is better for the children if their parents stay together and work out their problems than if they divorce. |
Residency 
In order for a petition of divorce to proceed, at least one of the parents must have been a resident of this state for at least ninety days prior to the commencement of the action. A member of the armed forces who is stationed elsewhere but was residing in Washington for at least ninety days prior to relocation is considered a resident. Courts can proceed once residency has been established, and can enter a decree of divorce, dismiss the petition or continue it.
Child Custody
 Washington state statutes permit the court to award joint or sole custody
of minor children of the marriage based upon the best interests of the children.
Courts require that each parent submit a proposed parenting plan. Depending on
circumstances, you may be required to file such a plan within certain periods of
time. See your lawyer to discuss when you are required to file your parenting
plan.
The objectives of the permanent parenting
plan are to: 1.) Provide for the child's physical care; 2.) Maintain the child's emotional stability, 3.) Provide for the child's changing needs as the child grows and matures; 4.) Set forth the authority and responsibilities of each parent with respect to the child, 5.) Minimize the child's exposure to harmful parental conflict, 6.) Encourage the parents to meet their responsibilities to their minor children through agreements in the permanent parenting plan, rather than by relying on judicial intervention;
| Divorce Myth: Because they are more cautious in entering marital relationships and also have a strong determination to avoid the possibility of divorce, children who grow up in a home broken by divorce tend to have as much success in their own marriages as those from intact homes. Reality: Marriages of the children of divorce actually have a much higher rate of divorce than the marriages of children from intact families. A major reason for this, according to a recent study, is that children learn about marital commitment or permanence by observing their parents. In the children of divorce, the sense of commitment to a lifelong marriage has been undermined. |
Grounds
for Divorce
Washington is a “no-fault divorce” state. Following the ninety-day requirement to proceed (since the date the petition was filed), the court will continue the action. dismiss it or grant a dissolution of marriage. no fault means that there is no burden on either part to prove marital misconduct has taken place. The court makes the assumption that the differences between the parties are irreconcilable and will proceed.
Mediation
During the process the court may recognize that mediation may be required to resolve differences between the parties. The stated objective is to reduce acrimony which may exist between the parties and to develop an agreement assuring the child's close and continuing contact with both parents after the marriage is dissolved.
Any agreement reached by the parties as a
result of mediation gets reported to the court and to counsel for the parties by the mediator on the day set for mediation or any time thereafter designated by the court.
Alimony
 Washington divorce statutes and the hotly contested issue of alimony (or maintenance). Courts will examine the circumstances around the marriage in order to accurately and fairly assess the needs of each party. Judges have latitude in the amount of alimony as well as the duration. Alimony can be granted to either spouse. Factors that can influence the courts decision can include: 1.)
The financial resources of the party seeking maintenance 2.) The time needed to acquire education or training so that a party can become self-sufficient, 3.) How long the marriage lasted, 4.) How well the spouse being asked to pay the maintenance will be able to manage maintenance payments and their personal expenses. 5.) The age and condition of the spouse seeking maintenance and 6.) The standard of living while the marriage was intact.
| Divorce Myth: Following divorce, the children involved are better off in step families than in single-parent families. Reality: The evidence suggests that step families are no improvement over single-parent families, even though typically income levels are higher and there is a father figure in the home. Step families tend to have their own set of problems, including interpersonal conflicts with new parent figures and a very high risk of family breakup. |
Waiting Period
At least 90 days must have elapsed from the time a court is petitioned that the marriage is irretrievably broken before a court can enter a decree of dissolution, dismiss the petition, or in some cases, extend the petition.
Grandparents Rights
Federal law allows grandparents to petition the court for visitation rights of grandchildren. They may petition the court at any time, although it is often wise to include the petition while thedivorce of the parents of the grandchildren go through the divorce process. It would be reasonable to assume that if grandparents initiate a petition after the dissolution, they may incur legal expenses greater than if it had been included in the divorce. Courts will rule on these petitions based on the best interests of the children. Courts want to find that there has been a significant relationship between grandparents and grandchildren before they will grant such a request.
Divorce
Settlement
 Washington state is one of nine states known as Community Property states. Washington courts define community property as the totality of property acquired during the marriage. Perhaps surprisingly, Washington state courts do not take into account such issues as fault (marital misconduct), financial need or ability to earn income when dividing community property. Property that was brought into the marriage, in most cases, is returned to that party and not made a part of the divisible assets. Other non-marital property can be gifts or inheritances made to one spouse during the marriage, an asset purchased with separate funds acquired by the spouse before the marriage, any assets excluded by a pre-nuptial agreement or an asset that is the result of increased value and acquired before the marriage. As a general rule, co-mingled funds or assets become a part of the divisible pool of assets.
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