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Q:
Can I get a dissolution in Washington?
A: To qualify for a dissolution in Washington state, you must meet the following conditions:
1. You are married or you have a common law marriage in another state or county.
2. You or your spouse are a resident of Washington or in the military and will be stationed here for at least 90 days after you file and serve the petition for dissolution.
3. One spouse in the marriage believes that the marriage can't be fixed (it is irretrievably broken).
4. You or your spouse file and serve the summons and petition for dissolution properly.
5. At least 90 days have passed since the petition for dissolution was filed and served.
Q:
Can I get my marriage annulled (declared invalid)?
A: To qualify to have your marriage declared invalid, you must meet the following conditions:
1. Both spouses are alive.
2. You, or your spouse, is a resident of Washington or in the military and stationed here.
3. The court must find that one or both spouses were: too young; related to each other by blood; married to someone else at the time; mentally incapacitated; forced; induced by duress or fraud; or
4. any other reason for invalidity listed in the Revised Code of Washington (RCW) 26.09.040(4)(b); and the marriage has not been ratified after cessation of the invalidating factor.
Either spouse, or the guardian of an incompetent spouse, can file for invalidity. In the case of multiple marriages, any legal spouse or a child of a later marriage may file a petition for invalidity. If a court finds your marriage to be invalid, it is as if the marriage never happened.
Q:
Do I have to take a parenting seminar if I file for divorce?
A: Kitsap County has adopted a local rule (KCLSPR 94.05) [hyperlink to (http://www.kitsapgov.com/sc/rules/2005/special_proced_2.htm] requiring parties to a dissolution or legal separation requiring a parenting plan to participate and successfully complete an approved parenting seminar within 90 days after service of a petition on the responding parent.
Similar rules have been adopted in other Superior Courts throughout Washington, including, but not limited to, King County; Pierce County; Thurston County; Spokane County; Lewis County; and Jefferson County.
Lincoln County does not require a parenting seminar.
Q:
How can I convert a legal separation into a decree of dissolution?
A: Not less than six months after the decree of legal separation is signed by the judge, you or your spouse may ask the Court to convert the separation to a dissolution.
Q:
How do I know if the Court has jurisdiction?
A: Jurisdiction depends on the current residency of the people (spouses and affected children) involved as well as their residency during the marriage.
If you and your spouse currently live in Washington, the court has jurisdiction to decide all of the issues in your case.
If you currently live here and your spouse does not, the Court will have jurisdiction over some of the financial matters only if your spouse lived in Washington during the marriage and is personally served. Property located in another state or country will be outside of the court’s jurisdiction.
The court will have jurisdiction concerning custody issues if the children have been living in Washington for at least six months and there have not been custody orders (including as part of a domestic violence protection or restraining order) entered in another state or country.
If your situation is more complicated because your children have not been here for six months, your spouse lives elsewhere, or there have been custody/visitation orders entered regarding your children in another state (including as part of a domestic violence protection or restraining order) it is a good idea to consult with an attorney before filing for dissolution, separation or a declaration of invalidity.
Q:
What about legal separation?
A: The main difference between a legal separation and a divorce is that your marriage is not dissolved, so neither party can legally remarry unless the decree is first converted to a decree of dissolution. However, if either spouse wants a dissolution instead of separation, the Court will grant a dissolution.
Another difference is that a legal separation does not affect how the Social Security Administration figures out benefits.
The significant similarity is that the same issues are addressed, including parenting plan, child support, and the division of property and debt.
Q:
What can a decree of dissolution do?
A: The decree of dissolution sets forth the status of the relationship: dissolved. If the court has the jurisdiction (see below), the decree will also set forth the division of property and debts, any spousal maintenance, any name changes, enter restraining orders or an order of protection if needed, set custody and visitation for minor children, and set child support.
Q:
What can a decree of invalidity do?
A: The decree of invalidity sets forth the status of the relationship: none.
Q:
What can a decree of separation do?
A: The decree of separation sets forth the status of the relationship: legally separated. If the court has the jurisdiction (see below), the decree will also set forth the division of property and debts, any spousal maintenance, any name changes, enter restraining orders or an order of protection if needed, set custody and visitation for minor children, and set child support.
Q:
What if I can’t afford a lawyer?
A: You do not have to have a lawyer to get a dissolution. Though it is usually best to hire a lawyer if you can afford to do so, you should at least have a lawyer review your dissolution papers after you fill them out. It would probably be worth paying for an hour or two of a lawyer's time to protect yourself, and some lawyers have reduced rates for consultation sessions.
There are several packets available with the forms and instructions needed to get your own dissolution, separation, or declaration of invalidity. Northwest Justice Project and Columbia Legal Services have forms and instruction packets for starting and for responding to a dissolution action on the internet. The Northwest Women's Law Center in Seattle also has many packets on specific dissolution issues, such as how to respond to a motion for temporary orders. Check with your court clerk or court facilitator for other packets.
If you and your spouse have children, cannot afford a lawyer and you plan to file on your own even though you and your spouse don't agree, you can ask the court to appoint a guardian ad litem (GAL) to investigate the situation and make a report to the court regarding the children's best interests. Some counties have family court investigators, Court Appointed Special Advocates (CASAs), or GALs available free of charge. In other counties, the parents must pay for the services.
Q:
What if I can’t afford the filing fee?
A: You may ask the court to waive (not require you to pay) the filing fee. To ask for the waiver, you must file a Motion to Proceed in Forma Pauperis. Be sure to check with the Clerk of the Superior Court in the county where you want to file your Petition for Dissolution to find out if they require a special form for the Motion.
The Motion to Proceed in Forma Pauperis must be filed and the Order signed before you can file for dissolution.
Q:
What if I don’t want to get a lawyer involved?
A: You do not have to have a lawyer to get a dissolution. However, it is usually best to hire a lawyer if you can afford to do so. If you and your spouse agree about everything, it can be fairly easy for you to file the action and get a decree without a lawyer, but you may have rights that you don't know about and would lose if you did not get expert advice. For example, you may have an interest in your spouse's pension plan.
If you don’t want to get a lawyer involved, you can still get help. Many counties have a court facilitator who can help you complete the forms necessary to begin and complete a divorce. Some volunteer lawyer programs and legal services offices sponsor classes that help you fill out the forms you will need and tell you how to file your action.
Q:
What if my spouse fights the dissolution?
A: If you meet the above conditions, the court will grant a dissolution whether your spouse agrees or not.
Your spouse can fight about other issues, including custody of children, visitation of children, child support, spousal maintenance (alimony), and the division of property and debts. If there is a fight over these or other issues, it may take more than 90 days before the dissolution is final.
Q:
What if the wife is pregnant?
A: A request for dissolution will not be affected by pregnancy. A judge cannot deny or delay the decree of dissolution of a marriage based on the sole reason that the wife is pregnant.
Q:
What is a dissolution of marriage?
A: Dissolution of marriage is the name for divorce in the court system. “Dissolution” is frequently used in place of dissolution of marriage.
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