Marriage
Under Washington State law, Marriage is a civil contract between a male and a female who have each attained the age of eighteen years, and who are otherwise capable. A marriage is evidenced by a marriage certificate that is recorded with the county auditor.
Common Law Marriage
Common Law Marriage is a marriage without formal solemnization where two people hold themselves out to be married. It requires (1) an actual and mutual agreement by the parties intending to enter into a marital relation; (2) that the parties are capable in law of making such a contract; and (3) that the marriage be the parties’ open assumption of marital duties and obligations. Merely living together as husband and wife is not sufficient. However, the State of Washington does not recognize common law marriage, unless it is established in another state.
Meretricious (Marital-Like) Relationship
Under Washington law, a meretricious relationship may be established by a Court. A meretricious relationship may be found where an unmarried couple is living together and is marital-like.
Defunct Marriage
Generally, a marriage may be defunct where the spouses have exhibited their intention, through their conduct, to renounce their marriage with no intention of resuming their marriage. Consequences of a marriage being defunct may include, but are not limited to: (1) changes in the rights of a spouse to manage property; (2) community rights to future earnings and accumulations terminate.
Prenuptial & Postnuptial Agreements
A contract entered into by two persons, either prior to or after marriage, that determines the property or other financial rights of each of them.
Divorce & Legal Separation
Divorce or Legal Separation proceedings are begun with the filing and service of a summons and petition. In many cases there is a need for temporary orders, these may either be agreed upon or contested. When there are minor children involved the establishment of a parenting plan is necessary. In cases where the parties cannot agree on a parenting plan, the court will often appoint a guardian ad litem to represent the best interests of the child. Discovery is available to the same extent as in any other civil case. In any case, the assets and liabilities of the parties must be divided fairly and equitably. Parties typically work through their attorneys or another dispute resolution process such as mediation, to reach an agreement. Ninety days must elapse between the filing and service of the summons and petition for dissolution and the entry of the decree of dissolution. If the parties fail to agree, then the issues are reserved for determination by the court at trial. Whether by agreement or through trial, the final outcome is the entry of a decree that disposes of and determines all questions raised in the case and leaves nothing that requires further judicial action. Generally, the key difference between a divorce and a legal separation is that a Decree of Dissolution dissolves the marriage; a Decree of Legal Separation does not.
Washington’s Policy Regarding Children (Best Interests of the Child)
Under Washington State law, parents have the responsibility to make decisions and perform other parental functions necessary for the care and growth of their minor children. The best interests of the child shall be the standard by which the court determines and allocates the parties’ parental responsibilities. 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.
Guardian Ad Litem
Court appointed professional who represents the interests of a minor or dependent child with respect to specific proceedings. A Guardian ad litem’s duty is to investigate and report to the court and to represent the best interests of the child.
Temporary Orders
Temporary orders may be entered by the court prior to the entry of a final decree. Once a final decree is entered, all temporary orders are extinguished. The types of temporary relief that may be granted include: (1) maintenance; (2) attorneys fees; (3) custody of children and parenting plans; (4) child support; (5) use of property; (6) payment of debts, and; (7) restrain certain other conduct as justice requires.
Parental Plans & Residential Schedules
A document entered by a Court that allocates the parents’ rights and obligations with respect to the child. A Court will determine the parental responsibilities in accordance with what is in the best interests of the child. Parenting plans typically include provisions for: (1) residential schedule of the children including where the child is to reside at all times including the school year, school breaks, holidays, special occasions, and vacations; (2) decision making authority; (3) religious upbringing; (4) dispute resolution process; (5) transportation arrangements; (6) designation of custodial parent; (7) the right of a parent to relocate the residence of the child; (8) access to health and education records, and; (9) restrictions based upon the conduct of the other parent if appropriate.
Modification of Parenting Plans & Residential Schedules
Parenting plans may be modified or adjusted from time to time, but unless the parties agree otherwise, the court must first find that there is adequate cause for the modification. There are certain triggering events that will satisfy the requirement of adequate cause, but unless they are shown, the petition to modify should be dismissed.
Relocation & Visitation
Under Washington State law, a custodial parent who wishes to relocate with their child must give proper notice the other parent who then may either agree with or object to the proposed relocation. Should the other parent object to the relocation, a hearing is held to determine whether or not the proposed relocation will be permitted.
Child Support
Child Support is the legal financial obligation of a non-custodial parent to support a child. Generally, a person responsible for the support of a child remains liable until he or she dies or the child is emancipated. The amount of child support must be set in accordance with Washington’s child support schedule.
Modification of Child Support
The obligation of child support may be modified or adjusted from time to time. An order of child support may be adjusted once every 24 months based on changes in the parents income. An order of child support may be adjusted after one year so long as the child has changed age brackets according to an economic table. An order of child support may be modified upon the showing of a substantial change in circumstances, or after one year without a showing of substantial change in circumstances if the order works a severe economic hardship on either party or the child, if the child has changed age categories, if the child is still in high school and will not graduate before reaching age 18, or to add an automatic adjustment of support provision.
Spousal Maintenance
Spousal Maintenance is the legal financial obligation of one person to a former spouse. In determining maintenance a court will consider: the financial resources of each party, education, need for training, and employment, standard of living established during the marriage, duration of the marriage, the age, physical and emotional condition, and financial obligations of the spouse seeking maintenance, and the ability to pay maintenance.
Division of Assets & Liabilities
A Court has the power to divide the assets and liabilities of the parties. In making a fair and equitable division, a Court usually starts with considering the nature and extent of both community and separate property, the length of the marriage, and the economic circumstances of each party. A Court may consider other factors on a case-by-case basis.
Washington Is a Community Property State
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are community property states. Under the community property system, marital property is presumed to be owned one-half by each spouse, regardless of legal title to the property.
Community Property
Generally, community property includes: (1) all assets acquired during the marriage (except by gift or inheritance and personal injury damages awarded to a spouse); (2) all assets the spouses agree to treat as community property; (3) all assets that are commingled with community property.
Separate Property
Generally, separate property includes: (1) all assets acquired by a spouse before the marriage; (2) all assets acquired during the marriage by gift or inheritance; (3) damages for personal injuries suffered by a spouse; (4) all assets the spouses agree to treat as separate property; (5) wages and accumulations earned while living separate and apart: (6) the proceeds of any of the above remain separate property.
Paternity
Generally, paternity refers to the process of adjudicating a male as being the biological father of a minor child. Paternity may be established by affidavit, or by genetic testing.
Non-Parental Custody
Although parents have a fundamental constitutional right to the custody of their children, this right is not without its limitations. In circumstances where placing the child with its biological parents would be a detriment to the child, the court may award custody of a child to a third person. Custody may be either temporary or permanent.
Adoption
A legal process proscribed by law to establish the legal relationship of child and parent when they were not so related by birth. Generally speaking a birth parent may either consent to having their parenting rights terminated, or they may be terminated as the result of a contested hearing. After the birth parents rights have been terminated, the adopting party may bring a petition for adoption. Once the court reviews and approves a post-placement report, the consent of the birth parent and the termination of the parental rights, the court may finalize an adoption.
Dependency
Typically the Department of Social and Health Services initiates a dependency action with the court asking that a child be found to be dependent. Being dependent means that the child is abused or neglected and does not have a parent capable of caring for them. The State offers services to the family, tailored to their specific needs, with the goal of keeping the family intact.
Dispute Resolution
Under Washington State law, dispute resolution is encouraged as a means to settle disagreements. Dispute resolution generally takes the form of either Mediation or Arbitration. Mediation is the process by which a neutral third party, the Mediator, attempts to facilitate an agreement. The mediator does not have the power to impose a decision on the parties. Any decision-making power remains with the parties. Arbitration is the process where a neutral third party, the Arbitrator, hears and decides all contested issues of fact or law. The Arbitrator does have the power to impose a decision on the parties.
Domestic Violence
Under Washington State law, Domestic Violence is (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking of one family or household member by another family or household member.
Domestic Violence Protection Order
A victim of domestic violence may file a petition with the Court requesting an order of protection. The Court has broad powers in fashioning an order for protection. Generally the abuser is restrained from committing further acts of domestic violence, from coming to the protected persons home, work or school, or even from coming within a specified distance of the protected person. Violation of a Domestic Violence Protection Order is a crime.
Contempt
A person may be held in Contempt if a court finds that a person knowingly and willfully failed to comply with an order of the Court, and had an ability to comply with that order. Punishment Contempt may be either a fine or imprisonment, or both.
