Need
a Family Lawyer? Click Here
 Washington.
Cool weather, great fruit, warm people and a unique
geographical location. Oh, and divorce, like everywhere
else. Feeling shell-shocked? Don't
despair. We promise that it gets better.
Really. Take a deep breath. If nothing else, we'll
give you some answers and ease your anxiety. If
you're having a tough time coping, perhaps you
should view
this page first.
Child Support
Washington
State 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 earn,
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
family law computes child support based on NET
income rather than gross income.
Washington
State 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 earn,
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
family law computes child support based on NET
income rather than gross income.
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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 above that
reads Washington Department of Social & Health
Services.
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
(including forms) can be found via the links above.
Looking
to initiate or make child support payments on-line?
You may begin that process by going to the link
above 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.
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need a blueprint, or guidance, on what to do and
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Child Custody
Washington
state statutes permit the court to award joint
or sole child 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.
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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
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Visitation/Co-Parenting
Washington
state divorce laws have discarded the terms visitation
and custody, and replaced them with a "Parenting
Plan". The court will give the parents an
opportunity to submit a parenting plan, and if
they are unable to agree, the court will fashion
one using the principle of "best interests
of the child". In that Plan the court will
set out when the child will be with each parent,
which parent will make what decisions regarding
the child, how disputes between the parents will
be resolved and any limits on parenting functions.
The court can look at any or all of the following:
1. Any agreements the parents have made,
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2.
Each parent's ability to perform parenting functions,
3. The relative strength, nature and stability
of the child's relationship with each parent,
including whether a parent has taken greater responsibility
for performing parenting functions relating to
the daily needs of the child, 4. The emotional
needs and developmental level of the child, 5.
The child's relationship with siblings and other
significant adults, 6. The child's involvement
with his or her school or other activities, 7.
The wishes of the parents, 8. The wishes of a
child who is sufficiently mature to express reasoned
and independent preferences.
Be aware that you have to guide your side of
the divorce. Don't rely that your attorney will
think of everything. You set the course; your
lawyer navigates. If you anticipate any problems
with custody or visitation, we suggest you own Child
Custody Strategies.
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Alimony/
Maintenance/ Spousal Support
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. Sometimes
called spousal support, 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
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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.
You
may realize that we all need some help processing
all this angst. The help can come in the form
of friends, relatives or professionals. If you're
not inclined to approach family or friends, and
unwilling to pay for professional counseling,
the next best step would be educating yourself,
through reading. This site has a Bookstore
sponsored by Amazon.com where you can find
some fabulous books on just about every consideration
surrounding divorce. Spend some time and a few
bucks to help yourself get through this nightmare
in one piece.
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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 (fault) has taken
place. The court makes the assumption that the
differences between the parties are irreconcilable
and will proceed. Therefore grounds for divorce
in Washington are simply irreconcilable differences.
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Marriage
Annulment
Marital Annulment
Washington
state calls a marriage annulment (sometimes called
a marital annulment or simply an annulment) a “Declaration
Concerning Validity”. To quote directly
from Washington divorce laws, one can petition
for an annulment if: The marriage or domestic
partnership should not have been contracted because
of age of one or both of the parties, lack of
required parental or court approval, a prior un
dissolved marriage of one or both of the parties,
a prior domestic partnership of one or both parties
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or
dissolved, reasons of consanguinity, or because
a party lacked capacity to consent to the marriage
or domestic partnership, either because of mental
incapacity or because of the influence of alcohol
or other incapacitating substances, or because
a party was induced to enter into the marriage
or domestic partnership by force or duress, or
by fraud involving the essentials of marriage
or domestic partnership, and that the parties
have not ratified their marriage or domestic partnership
by voluntarily cohabiting after attaining the
age of consent.
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Marriage
Counseling/
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.
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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.
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Legal
Separation/
Marital Separation
Legal separation is usually
pursued when the parties want to stay married
for religious reasons, want the advantage of deductibility
of spousal support payments for income tax reasons,
want to maintain various insurance coverage's,
or are do not want to wait the state statutory
waiting period for termination of marital status.
It is not a prerequisite to divorce, although
it does happen that way for many. In this state
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(sometimes
referred to as a marital separation) is a process,
with paperwork filed with the court. Parties are
expected to submit a separation agreement providing
for the maintenance of either of them, the disposition
of any property owned by both or either of them,
the parenting plan and support for their children
and for the release of each other from all obligation
except that expressed in the contract. Parties
must publish a notice in a local newspaper providing
notice to all.
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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. |
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Grandparents Rights
Federal
law and Washington divorce laws allow grandparents
to petition the court for visitation rights of
grandchildren. 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.
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Divorce
Settlement
You and
your spouse will arrive at a divorce settlement
of your marital assets, or the court will determine
a settlement for you. 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 such as adultery), 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
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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.
Did you come into this marriage
owning a house? Concerned about the equity in
that house that you brought into the marriage?
Here's how it works generally. What you brought
into the marriage is usually all yours. However,
any appreciation of the house or the property
value is normally treated as a "marital asset",
meaning that you will likely forfeit a third to
a half of that appreciation to your spouse in
the divorce. Consult Virginia divorce statutes
or your attorney.
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Residency
Requirements
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 to have established residency. Courts
can proceed once residency has been established,
and can enter a decree of divorce, dismiss the
petition or continue it.
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