Divorce

• What are the grounds for divorce in Washington?

  Washington is a no fault state. You do not need to have any particular reason for wanting a divorce. The law requires the marriage be “irretrievably broken” for the court to grant a divorce.

• How is property divided in a Washington divorce?

  We are a community property state. The court will divide property “fairly and equitably” as it decides, or as you and the other party may agree. There are many factors that influence what the final property division will be such as: how much community property exists, how much separate property exists, each party’s financial circumstance at the time of divorce, and even the length of your marriage.

• Do I have to go to court for my divorce?

  Not necessarily. Some cases reach agreement quickly or are uncontested from the beginning. Many cases may require temporary orders (such as a parenting plan or deciding who pays what expense for the time being) while your case moves forward. You may end up in court over these issues not because of high conflict, but simply because you and the other party cannot agree.

Custody in Washington

• How is child custody decided in Washington?

  This is a complex answer. There are several factors the court looks to and it is different for a temporary parenting plan than a final parenting plan. The court will look at each parent’s relationship with your children, any agreements between the parents, and your children’s emotional needs. There is no one fact that will decide custody.

• Can a parenting plan be changed after it’s finalized?

  Yes. Parenting Plans can be modified after they are finalized. The law does not favor changing the parenting plan for your children’s stability. You must first show the court there has been a substantial change in circumstances (“adequate cause”) that should allow you to change the parenting plan.

• What if my co-parent violates the visitation schedule?

  Both parties are required to follow the parenting plan, even if they disagree with it. If a parent violates the visitation schedule, you can ask the court to hold them in contempt. This is a finding that the parent willfully disobeyed the parenting plan and had no reason for doing so.

Child Support

• How is child support calculated in Washington?

  Child support is calculated using guidelines set by our legislators. The calculation is completed using both parents’ income information which matches with a corresponding schedule set by the State. It is then a mathematical equation to reach the “basic” support amount. There may be good reasons for the court to order a support amount that is different from what the law sets. This is called a “deviation” in child support.

Prenuptial Agreements

• Are prenuptial agreements enforceable in Washington?

  Yes they are! So long as they are fair. The law requires that the prenuptial agreement be fair at the time it is signed. There are several factors the court will look to when deciding whether the prenuptial agreement was fair at the time it was signed.