Frequently Asked Questions

The duration of the divorce process in Washington can vary depending on factors such as the complexity of the case, the court's schedule, and the level of cooperation between the parties. Typically, uncontested divorces in Washington can be finalized within three to four months after filing. However, contested divorces involving disputes over child custody, property division, or spousal support may take significantly longer. In our experience, it is not uncommon for a contested divorce to take a year to two years to complete.

Washington follows the principle of "community property" when dividing marital assets during a divorce. This means that assets acquired during the marriage are generally divided equally between the spouses. However, equitable distribution may be considered if there are justifiable reasons for an unequal division, such as significant differences in earning capacity. The court will strive for a fair and just division of property and assets based on various factors, including the duration of the marriage, each spouse's financial circumstances, and the nature of the assets.

In Washington, the grounds for divorce are based on the irretrievable breakdown of the marriage. Washington is a "no-fault" divorce state, meaning that fault or misconduct is not necessary to obtain a divorce. The focus is on the marriage being irretrievably broken, indicating that there is no reasonable chance of reconciliation.

While Washington does not have specific grounds for a fault-based divorce, it recognizes the concept of "spousal waste" or dissipation of marital assets. Spousal waste refers to the reckless or intentional depletion of marital assets by one spouse without a valid reason, resulting in a loss or reduction of the overall marital estate.

In cases involving spousal waste, the court can address this issue during the divorce proceedings, even though fault is not explicitly required. The court may consider the dissipation of assets when determining property division, taking into account the value of the dissipated assets and the impact on the overall distribution of property.

When presented with evidence of spousal waste, the court may make adjustments to the division of assets or award compensation to the innocent spouse for their share of the dissipated assets. This ensures that the actions of one spouse in dissipating marital assets are appropriately considered, and the innocent spouse is not unfairly disadvantaged in the division of property.

It's important to consult with a family law attorney in Washington to understand how spousal waste is addressed in the state and to navigate the divorce process effectively, considering all relevant factors.

Spousal support, also known as maintenance or alimony, may be awarded in Washington if certain conditions are met. The court considers factors such as the length of the marriage, the financial needs and resources of each spouse, the standard of living during the marriage, the age and health of the spouses, and their ability to be self-supporting. Spousal support is not automatically granted and is determined on a case-by-case basis, aiming to provide support to the economically disadvantaged spouse for a specified duration or until certain conditions are met.

In Washington, the court is responsible for making decisions regarding legal custody and physical custody.

Legal custody refers to the authority to make important decisions regarding the child's upbringing, such as education, healthcare, and religious practices. Sole legal custody grants one parent the exclusive right to make such decisions, while joint legal custody allows both parents to share in the decision-making process. Physical custody, on the other hand, refers to where the child primarily resides and spends their time. It involves the day-to-day care and physical supervision of the child. Similar to legal custody, physical custody can also be awarded as sole or joint custody. Sole physical custody means the child primarily resides with one parent, while joint physical custody entails the child spending significant time with both parents, often on a shared schedule.

The court focuses on the best interests of the child. 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. The court considers several factors, including the strength and stability of the child's relationship with each parent, any voluntary agreements made by the parties, each parent's past and potential future involvement in parenting functions, the emotional and developmental needs of the child, the child's relationships with siblings and other significant individuals, and their engagement in activities and school. Additionally, the court considers the wishes of the parents and, if the child is mature enough, their reasoned and independent preferences regarding their residential schedule as well as any history of domestic violence or substance abuse.

In Washington, child custody arrangements include physical custody and legal custody. Physical custody determines where the child primarily resides, and it can be sole (with one parent) or joint/shared (with both parents). Legal custody refers to the authority to make major decisions regarding the child's upbringing, including education, healthcare, and religious practices. Legal custody can also be sole or joint. The court may establish a combination of these custody types based on the child's best interests and the circumstances of the case.

The default for legal custody in Washington is joint custody, providing both parents with shared decision-making authority. In practice, this means the parents must agree on matters related to education, health, and other issues as laid out in the parenting plan. Should one parent go forward with a decision against the other parent’s wishes, that parent opens themselves up to a potential contempt action. When the parents cannot come to an agreement, one parent should bring the matter before the court for the court to decide. When determining whether the default of joint decision-making will be ordered, the court will consider whether there are issues of abandonment, history of abuse of the child or other parent, the historical participation of each decision-making, whether the parents have demonstrated an ability and desire to cooperate, and the geographic proximity to each other.

In Clark County, our “local rule” for physical custody arrangement is three to four overnights every other weekend with the non-primary parent as well as a mid-week visit every other week for two or three hours, commonly on a Wednesday. When determining whether a schedule other than “local rule” should be ordered, the court will consider several factors, but the history of the non-primary parent’s involvement in parenting will have a significant impact on the results. Parents have numerous options for organizing parenting time, which can be presented to the court or agreed upon between themselves. Ultimately, if the court determines that the proposed plan is in the best interests of the children, it will be approved. The court recognizes that there is no one-size-fits-all approach and understands that each family's circumstances are unique. As a result, the court prioritizes the well-being and best interests of the children when evaluating and approving parenting time plans. This allows for flexibility and consideration of various factors specific to each family, ensuring that the children's needs are met, and their overall welfare is safeguarded.

In Washington, a final parenting plan can be modified under certain circumstances. Generally, the court will not modify a prior parenting plan unless it finds that a substantial change has occurred in the child's circumstances or the nonmoving party since the prior decree or plan. The modification must be in the best interests of the child and necessary to serve their well-being. However, there are exceptions that allow for modification as outlined in RCW 26.09.260 subsections (2), (4), (5), (6), (8), and (10) of the statute.

 To modify the residential schedule established in the parenting plan, certain criteria must be met. These include the parents agreeing to the modification, the child being integrated into the petitioner's family with the consent of the other parent in a significant deviation from the parenting plan, the child's present environment being detrimental to their well-being with the benefits of a change outweighing the harm, or the nonmoving parent being found in contempt of court (of a residential time provision) at least twice within three years or convicted of custodial interference in the first or second degree.

Relocation of the child can also lead to major modifications in the parenting plan.

Minor modifications to the residential schedule may be ordered if they fall within certain limitations, such as not exceeding twenty-four full days in a calendar year, being based on a change of residence or an involuntary change in work schedule that makes the current schedule impractical to follow, or not resulting in a schedule exceeding ninety overnights per year.

Nonresidential aspects of a parenting plan can also be adjusted upon a showing of a substantial change in circumstances and in the best interests of the child.

A parent who fails to exercise residential time for an extended period, one year or longer, may have adjustments made to the parenting plan. However, any time periods during which the failure to exercise residential time is due to military duties cannot be counted. Compliance with requirements, such as evaluations, treatment, or classes, may be necessary for seeking expansion of residential time.

When it comes to deciding visitation rights and schedules, the court takes into account various factors to ensure the best interests of the children involved. These factors include:

1. The relative strength, nature, and stability of the child's relationship with each parent.

2. The agreements of the parties, provided they were entered into knowingly and voluntarily.

3. Each parent's past and potential for future performance of parenting functions, including taking responsibility for the daily needs of the child.

4. The emotional needs and developmental level of the child.

5. The child's relationship with siblings, other significant adults, and involvement in their physical surroundings, school, or significant activities.

6. The wishes of the parents and a sufficiently mature child who can express reasoned and independent preferences regarding the residential schedule.

7. Each parent's employment schedule, with accommodations made accordingly.

The relative strength, nature, and stability of the child's relationship with each parent - is given the greatest weight in the court's considerations.

In cases where the limitations of RCW 26.09.191 are not determinative of the child's residential schedule, the court may order a frequent alternation of the child's residence between the parents' households for brief and substantially equal intervals of time if it is in the child's best interests. The court may also consider the geographic proximity of the parents to ensure the ability to share in the performance of parenting functions.

Residential provisions may contain reasonable terms or conditions that facilitate the orderly and meaningful exercise of residential time by a parent. This can include requirements for reasonable notice when the residential time will not occur.

The ultimate goal of the court is to create a residential schedule that encourages each parent to maintain a loving, stable, and nurturing relationship with the child, taking into account the child's developmental level and the family's social and economic circumstances. The court strives to ensure the child's well-being and promote their healthy upbringing.

In Washington, payment of child support is typically required by the non-primary. The amount of child support is determined based on Washington's child support guidelines, which consider factors such as each parent's income, the number of children involved, healthcare expenses, and childcare costs. The court will calculate the child support obligation based on these factors and any additional circumstances specific to the case.

To protect your rights and achieve a fair outcome in a divorce or custody battle in Washington, it is crucial to seek guidance from an experienced family law attorney familiar with the state's laws and procedures. They will provide personalized advice based on your specific situation and help you navigate the legal process effectively. It's important to gather all relevant documents, such as financial records, communication records, and any evidence related to child custody matters. Maintain open and clear communication with your attorney, follow their advice, and be prepared to negotiate and seek mediation when necessary. Draft all written communication with the expectation a judge will read it one day. Prioritizing the best interests of the child and demonstrating a willingness to cooperate with the other party can contribute to a more satisfactory resolution.