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Below are answers to commonly asked questions about family law in Washington State. Topics include basic legal rights, parenting arrangements, child support, and assets and liabilities. You can search for keywords by using the FIND button of your browser (or FIND item listed in EDIT menu - Netscape and MSIE).
If you have other questions, comments, or you would like to see other subjects discussed on this page, please fill out the Reader Comments form.
A dissolution, commonly called divorce, is a formal court proceeding that terminates the marital relationship. After the divorce decree is final, the parties are free to remarry. Either spouse may file for dissolution in Washington if he or she resides here.
Washington is a "no-fault" state; either party may file if they believe that the marriage is "irretrievably broken." Major issues to be decided either by agreement or by the Court include division of property and debts, residential and support arrangements for any minor children, and spousal maintenance.
If you have been served with a Petition for Dissolution of Marriage, your written response is generally due within 20 days.
There are some complex points in a dissolution, such as tax ramifications and discovering and valuing property that may require expert guidance from qualified legal counsel.6326 invalidity (annulment)
A Decree of Invalidity, commonly known as an annulment, is a court ruling that a marriage is not valid because of a legal defect at the time of the attempted marriage. In Washington State, grounds include: bigamy; incest; lack of capacity to consent to the marriage; fraud or duress; and marriage to an underage person. The Court will also make arrangements for any children of the marriage, and distribute property and debts in the same manner as in a dissolution.
A married party may initiate an action for legal separation in lieu of dissolution (or divorce). A legal separation allows the parties to remain married but ends the economic community, allowing each to retain his or her earnings and be solely responsible for his or her debts incurred after separation. Major issues to be decided either by agreement or by the Court include division of property and debts, residential and support arrangements for any minor children, and spousal maintenance.
If you have been served with a Petition for Legal Separation, your written response is generally due within 20 days.
After six months following the entry of a decree of legal separation, either party may request to the court that the separation decree be converted to a dissolution decree.
Under Washington Law, an "equivalent family" or "meretricious" relationship is a stable, marital-like relationship between two cohabiting persons who know that a lawful marriage between them does not exist. Washington State law does not recognize "common law marriages."
Upon the termination of a meretricious relationship, a court evaluates the interest each party has in the property acquired during the relationship and makes a just and equitable distribution of the property that would have been characterized as community property had the parties been married. Property acquired during a meretricious relationship is presumed to be jointly owned. The presumption can be rebutted by evidence of individual ownership. The Court can also make residential and financial support arrangements for any children through a separate paternity action.
When a child's parents are not married, an action to establish paternity can be initiated by a court proceeding under the Uniform Parentage Act. An action to establish paternity may be initiated by the State of Washington, through the prosecuting attorney, or by a private party. The Court will also make residential and financial support arrangements for the children in the same manner as in a dissolution.
If you have been served with a Petition to Establish Paternity, your written response is generally due within 20 days.
Paternity may be disproved by DNA testing or the probability of paternity may be established by DNA tests. If paternity is an issue, both parties may agree to submit to the DNA tests. If the parties cannot agree to a DNA test, a court order may be obtained to force the other party to submit to the test. DNA tests cannot absolutely prove paternity but they can provide for the probability and they can eliminate candidates.
The ending of a relationship may be one of the most stressful times in a person's life. The actions and reactions of the parties involved may precipitate angry feelings and it is sometimes necessary to obtain court orders to protect against physical harm. The Court will issue orders where there is evidence of domestic violence, which is defined as: physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or sexual assault, or stalking, by family or household members by another past or present family or household member. Spousal abuse may be emotional rather than physical, such as withholding sleep, disturbances at work, continual spying on a spouse, harassing phone calls, and threats of physical force or confinement.
Many communities offer shelters for battered spouses and their children. Details on these shelters are available from the police, churches, family or conciliation courts, or local newspapers. The National Domestic Violence Hot Line is 1-800-333-SAFE. This Hotline can refer you to shelters and safe homes for domestic violence victims in locations across the country. You also can use this toll free number for details and support.
Maintenance, also known as alimony or spousal support, is designed to provide a means for each party in a divorce to maintain as much as possible a similar economic lifestyle to that achieved within the marriage. In determining the amount of maintenance to be awarded, the court may examine the need of the party requesting alimony as well as the ability of the giving party. Maintenance can be considered rehabilitative, giving a disadvantaged spouse income while he or she gets back into the work force; or compensatory, such as the case where a person has supported a spouse through professional school in the mutual expectation of future financial benefit to the community, but the marriage ends before that benefit can be realized, the supporting spouse may be compensated through a division of property and liabilities. Where the assets of the parties are insufficient to permit compensation to be effected entirely through property division, a supplemental award of maintenance is appropriate.
In King County, the trial date for a dissolution is set for approximately one year from the time of filing. While awaiting the trial, either party may move for temporary orders, including maintenance, child support and restraining orders. The orders can include restraints against disposing of any property except in the usual course of business or for the necessities of life; molesting or disturbing the peace of the other party or of any child; going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child; or removing a child from the jurisdiction of the court.
A temporary order, temporary restraining order, or preliminary injunction does not prejudice the rights of a party or any child at the time of trial; it may be revoked or modified; and it terminates when the final decree is entered.
To obtain a temporary order, in King County a minimum of fourteen days notice must be given the other party unless an emergency exists. If you have been served with a motion for temporary orders, your written response and other documentation for the court to consider must be submitted by four court days prior to the hearing.
Among other things, "Contempt of court" is the intentional disobedience of a final decree or temporary order of the court. If a party fails to obey a court order directing payment of support or maintenance, or one granting residential time (sometimes called visitation) with the children, the party needing to have the order enforced can get an order signed ex parte (without notice to the other party) summoning them to court to answer charges of contempt. If the court finds that they have disobeyed the order and have the present capability of complying with the order, sanctions can be imposed. These sanctions include fines, penalties, attorney fees, additional make-up time with the children or even jail time in serious cases. If jail time is sought, the offending party does have the right to an attorney, and if they cannot afford an attorney, one will be appointed.
A Parenting Plan is a document that address the issues associated with making arrangements for children, traditionally referred to as "custody" and "visitation" issues. A parenting plan specifically sets forth the respective rights and responsibilities of both parents. Along with allocating residential time between the parents, a parenting plan also provides for decision making authority and a dispute resolution process. If married parents of minor children are seeking a dissolution or legal separation, a parenting plan is required.
In entering a parenting plan, the best interests of the child is the standard by which the court determines and allocates the parties parental responsibilities. The best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care. Further, the best interest of the child is ordinarily served when the existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents or as required to protect the child from physical, mental, or emotional harm.
Washington State recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and that the relationship between the child and each parent should be fostered unless inconsistent with the child's best interests. The best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care. Further, the best interest of the child is ordinarily served when the existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents or as required to protect the child from physical, mental, or emotional harm.
In an action between married parents, either dissolution or legal separation, residential arrangements are provided for in the parenting plan. In a paternity action (that which involves unmarried parents,) a parenting plan will be required if requested by a party.
Parents have the responsibility to make decisions and perform other parental functions necessary for the care and growth of their minor children. A Parenting Plan shall contain a provision for decision making authority.
The parenting plan shall allocate decision-making authority solely to one or jointly to both parties regarding the children's education, health care, and religious upbringing. The parties may incorporate an agreement related to the care and growth of the child in these specified areas, or in other areas, into their parenting plan. Regardless of the allocation of decision-making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child.
Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent.
When mutual decision making is designated but cannot be achieved, the parties shall make a good-faith effort to resolve the issue through the dispute resolution process, as provided in the parenting plan.
In order to assist the court in the determination of parenting arrangements, the court may require an investigation or evaluation by a professional experienced in such matters. The evaluator may be appointed by the court, on its own initiative, or by request of a party.
In King County, the investigator may be an individual from Family Court Services, the Court Appointed Special Advocate program, or an independent professional. In some circumstances, a Guardian ad Litem or GAL may be appointed and provide input. The GAL is someone that represents the children's legal interests, independent from the parents.
In preparing the report concerning a child, the investigator may consult any person who may have information about the child and the potential parenting or custodian arrangements. Upon order of the court, the investigator may refer the child to professional personnel for evaluation. The investigator may consult with and obtain information from medical, psychiatric, or other expert persons.
The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child, consistent with the child's developmental level and the family's social and economic circumstances. The court shall consider the following factors: 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; The agreements of the parties, provided they were entered into knowingly and voluntarily; Each parent's past and potential for future performance of parenting functions; The emotional needs and developmental level of the child; The child's relationship with siblings and with other significant adults, as well as the child's involvement with his or her physical surroundings, school, or other significant activities; The wishes of the parents and the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule; and Each parent's employment schedule, and shall make accommodations consistent with those schedules.
Under certain circumstances, the court may order that a child frequently alternate his or her residence between the households of the parents for brief and substantially equal intervals of time, occasionally referred to as "joint custody."
If a parent fails to comply with residential provisions of a court-ordered parenting plan, the parent who is denied access to the child may initiate a contempt action by filing a motion to coerce the other parent to comply with the order. The non-complying parent can be punished by the court by holding the parent in contempt of court. Upon a showing to the court that there is reasonable cause to believe the parent has not complied with the order, the court may issue an order to show cause why the relief requested should not be granted.
A hearing then is held at which the court makes a determination based on all the facts and circumstances if the parent, in bad faith, has not complied with the order. If the court so finds, the court enters an order that the parent is in contempt of court.
In the contempt order, the court can provide the moving party additional time with the child, equal to the time missed with the child; the parent to pay all court costs and reasonable attorneys fees incurred; and any reasonable expenses incurred in locating or returning a child; and a civil penalty, not less than the sum of one hundred dollars, to the moving party.
The court may also order the parent to be imprisoned in the county jail, if the parent is presently able to comply with the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order.
On a second failure within three years to comply with a residential provision of a court-ordered parenting plan, the court shall order additional time of at least twice the amount of the time missed with the child; payment of all court costs and reasonable attorneys fees incurred and any reasonable expenses incurred in locating or returning a child; and a civil penalty to the moving party of not less than two hundred fifty dollars, as well as jail time. If this happens, the non-residential parent can move to change the parenting plan and be named the primary residential parent (or custodian) as well.
If a substantial change in the circumstances of the child or the other parent has occurred since the entry of the custody decree or parenting plan, based on new facts that have arisen or that were unknown to the court at the time of the prior decree or plan, and where a modification is in the best interest of the child, the court can enter a new parenting plan and even under certain circumstances change the designated primary residential parent or custodian.
Either or both parents can petition the court for the modification. If the court finds sufficient facts to warrant the modification, a trial will be scheduled and the matter proceeds in much the same way as an initial determination.
If the proposed modification is only a modification in the dispute resolution process or a minor modification in the residential schedule of the non-primary residential parent, the court may order adjustments to the parenting plan to provide for changes in work schedule or a move to a new geographic area by either parent.
The Court will not change the primary residential parent or custodian, however, unless the parents agree to the modification; or the child has already charged residences by agreement between the parents, UNLESS the child's present environment is detrimental to the child's physical, mental, or emotional health and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child; or the court has found the non-moving parent in contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the court-ordered parenting plan, or the parent has been convicted of custodial interference.
The Child support Schedule was established by the state legislature in 1988 to comply with federal law requiring each state to have a standardized statewide child support schedule.
The legislative intent is to ensure that support orders meet a child's basic needs and provide support commensurate with the parents income, resources, and standard of living. The legislature also intended that support obligations be equitably apportioned between parents.
The schedule uses income and asset information from both parents to determine the support amount. State law requires that all income and resources from each parent's household be disclosed, but only the income of the parents whose child's support is at issue can be considered when calculating the basic support obligation.
In the absence of current income information, child support can be imputed, based on parents past earnings or on statistical median net income.
After the net income for both parents is calculated, it is added together to determine how much total support is required for the children. Once a combined support figure is calculated, a proportionate share of the support is awarded to each parent based on the percentage their net income represents of the combined total. The nonresidential parent meets their obligation by paying child support.
The amount a nonresidential parent pays for current child support is limited by law. The nonresidential parent's monthly child support payment should not exceed 45 percent of his or her net income. This law does not limit the amount of a judgment that can be established for delinquent child support. It also may not include additional child related expenses such as daycare and medical insurance.
State law also specifies that a support obligation should not reduce the paying parent's net income below the need standard of $800.00 a month.
Support can be set either through Superior Court action or through a State administrative process. A court order is issued by a judge or court commissioner when a couple divorces or files for legal separation, or when paternity is established. An administrative order is issued by the Division of Child Support (in the absence of a court order) when a parent applies for services or when the state pays public assistance to support a child.
The administrative process is initiated by either parent requesting services from DCS, who then can establish and collect child support obligations without court action.
When DCS serves nonresidential parents a child support notice, they have 20 days to contact the division or submit a request for an adjudicative hearing. If the parents are not married to each other, the father can also request a blood test if he disputes paternity.
Once contacted, a Support Enforcement Officer will attempt to reach an agreement with the nonresidential parent. If the issues cannot be resolved, an adjudicative proceeding will be convened. An administrative law judge will hear the parent's objection and determine the support obligation for the entire period covered by the notice.
The Washington State Child Support Schedule is used to determine the appropriate amount of monthly child support to be paid by the nonresidential parent. Anyone can get a copy of the current schedule and instructions from a DCS office or Superior Court clerk.
You can calculate the child support amount by completing the work sheets and following the instructions provided in the schedule. If it indicates that your support is set too high or too low, you can petition the court (if you have a court order), or DCS (if you have an administrative order) for modification of your order.
Many Washington court orders, and all administrative notices, contain immediate wage withholding language authorizing The Division of Child Support to take collection action even when a parent is not behind in payments. When an employer is known, DCS issues a payroll deduction notice. When there is a past due support debt, DCS also files a lien in the county where the responsible parent resides and/or owns property.
Previously, employers were required to deduct child support from earnings when a parent was delinquent in his or her support payments. Today, federal laws require support enforcement agencies to initiate wage withholding on the effective date of the child support order to prevent delinquencies from occurring. Parents may now be subject to the attachment of their wages regardless of any support arrears.
Sometimes the order issued by DCS requires the employer to withhold 50 percent of the net wages instead of a fixed dollar amount. This action may be taken when a parent has a history of avoiding the payment of child support, moves from job to job without notifying DCS, or when the debt is in danger of being lost to the Statute of Limitations.
Another way a support order can be enforced is through a Contempt proceeding. Contempt actions can be filed by an individual or by the County Prosecutor if there is evidence that the obligated parent is willfully refusing to pay support. The court can then take action to ensure compliance with it's orders, including ordering payment of fines or attorneys fees or imprisonment. If imprisonment is sought as a sanction, the obligor may have the right to a court-appointed attorney.
The Division of Child Support, also known as the Office of Support Enforcement, administers the Washington State Support Registry and Washington's state-wide child support programs.
Today, most child support orders in Washington direct parents to send support payments through DCS unless the court approves an alternative payment plan.
Orders usually contain a provision authorizing DCS to take collection action on cases even if the paying parent is not behind in payments. These two requirements assist DCS in the prompt collection of child support. DCS also tracks all child support cases through a centralized computer system.
DCS can also issue an administrative order in the absence of a court order, when a parent applies for services or when the state pays public assistance to support a child. When DCS serves nonresidential parents a child support notice, they have 20 days to contact the division or submit a request for an adjudicative hearing. If the parents are not married to each other, the father can also request a blood test if he disputes paternity.
The order for child support can be adjusted through a modification procedure if there has been a substantial change in the circumstances of one or both parents or the child. For example, when one or both parents income has substantially increased or decreased; if the children now spend a greater amount of time with one or the other parent; or if the children have special needs, including special schooling or medical care.
Filing for modification requires filling out the mandatory forms, serving copies on the other parent, filing them with the court and scheduling a hearing. If the other parent is receiving welfare benefits, the County Prosecuting Attorney must be served as well. If your order is registered with the State Division of Child Support and at least three years have passed since it was entered, the State will assist you in getting it modified at no charge. However, this process takes much longer than doing it on your own.
You must provide proof of your income. This proof includes your last two income tax returns and some current pay stubs.
If both parties agree and the order meets the State guidelines, they can get the order approved by a judge without the need of a hearing. If they do not agree, the case can go to trial and the judge will decide. The procedures for setting a trial vary from county to county.
The presumptive amount of support is determined according to the Washington Child Support Schedule. The court then orders each parent to pay the amount of support determined by using the standard calculation. This is true even if the parents informally agree between themselves to a lower transfer payment. However, special circumstances in a given situation may warrant the courts adopting a different amount for the obligated parent to pay. This is called "deviation."
Reasons for deviation from the standard calculation include such things as income of other adults in the household; possession of wealth; extraordinary debt not voluntarily incurred; a significant disparity in the living costs of the parents due to conditions beyond their control; special medical, educational, or psychological needs of the children; if either or both of the parents have other children to support; or where the children spend a significant amount of time with the parent who is obligated to make the support transfer payment.
The court may not deviate if the deviation will result in insufficient funds in the household receiving the support to meet the basic needs of the child or if the child is receiving aid to families with dependent children.
Washington is a Community Property State. Upon Dissolution, the Court must distribute all the property owned by the parties between them. The Court first determines whether the property should be characterized as Community or Separate. Community Property is property acquired during the marriage. Separate property is that which one spouse owned before the marriage or inherited or received as a gift during the marriage.
Generally the division of property is left to the courts, with the intent that what is done is just and right.
Length of the marriage, and factors that may determine how property is divided include the age, health, and life status of the spouses. Also considered are each spouses occupation, income amounts and sources, and vocational skills for future employment opportunities.
A dissolution determines division of property and debts. Whether or not one spouse must pay maintenance or alimony to the other and whether one spouse must pay the other's attorneys fees will also be decided. To protect yourself from an unfair settlement, you must prepare for the divorce. It is important to identify all assets and debts and to determine the financial needs of the children and both parties.
Pension and retirement benefits are generally considered property subject to distribution by the court in a dissolution action, whether or not the benefits are vested. The law considers these benefits to represent deferred compensation, in other words they accrued during the marriage and belong to the marital community, rather than to the spouse whose employment generated them. The rules are fairly complex, however. It would be best to discuss your particular situation with an experienced and knowledgeable attorney to find out how the law might be applied in your case.
Washington State statutes require that the Court in a dissolution action distributes the property of the parties between them. The statute, however, does not specifically define "property". The appellate courts have published decisions to guide the trial courts in determining what constitutes property. Anyone can identify most items of tangible property. The difficulty comes in identifying and valuing intangible property interests. Some of these items include professional goodwill, employment and retirement benefits, stock options, deferred compensation, and patents or copyrights. The value of these items can offset what otherwise might be an inequitable property award.
Debts acquired after marriage, like property, are presumed to be community debts. Upon dissolution, the community terminates but the community character of a debt remains unchanged. The Court has the power to order that either spouse be responsible for repayment of the debt. Such an order, however, may not be binding on the creditor, who can seek recovery from either spouse. Under certain circumstances, debts awarded to either spouse may be discharged in a federal bankruptcy proceeding.
Obligations contained in a decree of dissolution can either be a bare judgment, a judgment secured to a particular property through a deed of trust or mortgage, or an equitable lien. This is often done by the court to avoid the forced sale of a piece of property, such as the family home. The lien is security for a payment to be made at a future time, say when the children are old enough to move out and live on their own. If the payment is not made when due, a forced sale of the property can satisfy the lien.
To ensure prompt payment of child support awards, Washington court orders and administrative notices contain immediate wage withholding language authorizing the Division of Child Support to take collection action even when a parent is not behind in payments. When an employer is known, DCS issues a payroll deduction notice. When there is a past due support debt, DCS also files a lien in the county where the responsible parent resides and/or owns property.
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