Washington State Divorce Laws

Washington state divorce laws
Having a general idea of the Washington state divorce laws will make the process of filing for divorce much easier. It will help you understand the reasons for which a divorce can be filed and give you an idea of any documents and evidence you need to gather for your case. This article will cover the most essential points of Washington divorce laws, such as the grounds for divorce, how child custody is determined if both parents can’t come to an agreement, and how property is distributed.

First of all, you need to understand that in order to file for divorce in Washington you must meet the state’s residency criteria. If you and your spouse have lived in the state for years, this won’t apply to you. But if you or your spouse has moved residence outside the state, you’ll need to consider whether you actually qualify for a divorce in Washington. The divorce laws in Washington simply state either you or your spouse must be resident in the state at the time of filing – there is no minimum requirement for how long you need to have been a resident, as in most states. Also, if you or your spouse is stationed in the state as a member of the armed forces, you can also file for divorce in Washington.

Washington Grounds for Divorce
Once you’ve established if you can file for divorce, you need to clarify your reasons for filing for the divorce. Washington is unlike many other states in the respect that it does not provide a variety of different grounds for divorce. Rather, every marital problem that could lead to divorce is covered under “Irretrievable Breakdown of the Marriage.”

This can have upsides and downsides. In one respect, it means virtually any reason can be given for ending the marriage. However, the court will have to actually decide whether that reason is legitimate and what the prospects for repairing the marriage may be. So the downside is that it can be harder to figure out if a court will look favourably on your reasons for filing the divorce. In obvious cases, such as domestic violence situations, it’s usually very clear-cut. But in more ambiguous circumstances it can be difficult to know how a judge will respond to the divorce complaint.

This is just one of the reasons it’s so essential to find a good lawyer before you even get started on divorce proceedings. An experienced divorce lawyer will help give you some perspective on how the court is likely to treat your case before you even file.

Property Distribution
Property division under Washington state divorce laws is determined by the principle of community property. This means the court has jurisdiction over all property which was acquired throughout the duration of the marriage. If a settlement can’t be reached through mediation between the two spouses, the court will simply divide the community property into equal halves.

This is why it’s so important to organize documentation relating to property ownership before a divorce. For instance, if you don’t produce documentary proof showing you owned a piece of property before the marriage, that property may end up being included as community property, which would entitle your spouse to half its value.

Child Custody and Visitation Rights
Determining who has the right to care for and see any children from the marriage is a huge concern to most people considering filing for divorce. In Washington, you must come up with a parenting plan before you file for divorce. If you want your case to be taken seriously, such a plan should include you and your spouse, unless there is an legitimate reason not to do so – such as a spouse’s violent tendencies towards the children.

A lawyer can help you put together a parenting plan that will look favourable in court and ensure the best outcome for your children. Things the parenting plan needs to cover are aspects of the child’s care such as what each parent is responsible for, how potential parental conflicts will be resolved, and how to minimize the child’s exposure to such parental conflicts.

Child Support
If, and how much, child support needs to be paid will be determined by the incomes of both spouses. Again, this is another reason you’ll need to organize documents which prove your income level. A calculation based on the Income Chares Model determines how much money is to be put towards caring for the child each month. From that figure it can be determined if one parent will pay the other and how much. This will be influenced by factors such as who maintains primary custody of the child.

Alimony or Spousal Support
Spousal support is only required in some cases. It is determined by factors such as the relative income of each spouse, assets and property, and the duration of the marriage. Be aware that under Washington state divorce laws, spousal support decisions are not affected by marital misconduct. That means that even if your spouse’s actions led to the end of the marriage, you may still end up paying spousal support.

SBI!