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• Introduction
• Section 1.  Should I file a Divorce or a Separation?
• Section 2.  Where Should I File My Divorce?
• Section 3.  How Long Will a Divorce Take?
• Section 4.  I was Served with Divorce Papers.  What Should I Do?
• Section 5:  What If I Need A Court Order Sooner Than 90 Days?
• Section 6:  How Does The Court Decide Who Gets The House (And Other Property) And Who Pays The Debts?
• Section 7:  Who will Get Custody of our Children?
• Section 8:  Will my Spouse Have to Pay Child Support?
• Section 9:  Our Do-it-Yourself Family Law Packets

Introduction

The legal information in this publication is designed to help you learn about the laws that apply when you want to end your marriage in Washington (known as a "marital dissolution" or "dissolution of marriage").  It will give you an overview of the law and help you decide what type of case you need to file in court.[1] This publication is intended for persons who want to file a dissolution of marriage (petitioner) or persons who have been served with dissolution of marriage papers (respondent).

In addition to this publication, you may want to use one of our do-it-yourself packets that have forms and instructions for filing or responding to a Petition for Dissolution.  You may also want to check with your County Court Clerk or Family Law Facilitator (if your county has a facilitator) to see if your county has the packet you want: local packets may be easier to use because they include required local forms and procedures.  For a complete listing of our family law packets, visit our web site at www.washingtonlawhelp.org or if you are a low-income individual, call the CLEAR hotline at 1-888-201-1014.

If at all possible, you should meet with an attorney who specializes in family law before you file anything in court.  If either you or your spouse has a lot of money or property, or you have been married a long time, or your spouse is going to disagree with any part of what you are requesting, you should talk with an attorney before using our do-it-yourself publications.  You may have rights, such as the right to a share of your spouse's pension or other property, that you could lose if you do not present them properly in your dissolution case.  Even if you cannot afford to hire an attorney to file your case, you should talk at least once with an attorney to get advice about your situation.  If your income is very low and you do not live in King County, you may call CLEAR.

Section 1.  Should I file a Divorce or a Separation?

What is a Marital Dissolution?

A marital dissolution is another word for divorce - it is a court action that you may file to end your marriage.  In Washington, we use the word marital dissolution instead of "divorce."  You may file a marital dissolution only if you are married.  In most situations, if you are legally married according to the laws of the state or country in which you were married, your marriage will be recognized as legal in Washington.[2]  Washington has "no fault" dissolution -- you do not need to prove that either spouse was "at fault" in order to get a divorce.  Only one party needs to prove that there are irreconcilable differences (you can no longer get along with each other).

What Relief May I Get in a Marital Dissolution?

The main purpose of a marital dissolution is to legally end your marriage.  In general, as part of a marital dissolution, the court may also divide your property and debts, award maintenance (also known as alimony) to one spouse, enter orders restricting one spouse's contact with the other spouse or the children, change the name(s) of the parties, and, if you have children, enter a parenting plan and order child support for the children.[3]

However, there are some situations in which the court has the power to end your marriage, but cannot grant other relief that you might want.  Whether the court will give you the relief that you want depends upon whether the court has jurisdiction over the responding spouse, and whether the court has jurisdiction over your children.  If Washington does not have jurisdiction over your spouse, or it does not have jurisdiction over your children, you may still file a marital dissolution in Washington.  However, there will be limits on what the court has the power to order in the dissolution, which are described below.

How is a Marital Dissolution Different from a Legal Separation?

In a legal separation, the court may grant all of the relief that is available in a marital dissolution but the court does not actually end the marriage (in other words, the couple is not divorced at the end).  Sometimes persons will choose to file for a legal separation instead of a divorce because they do not want to end the marriage, but they want the other relief (such as a parenting plan, or property and debt division) that is available through a formal legal separation.  This may be the case, for example, where a person's religious beliefs discourage him from filing for dissolution.  We do not have a publication that tells you how to file a petition for legal separation; however, the procedures are very similar and require use of the same forms.  For more information on how to file a petition for legal separation, consult your local Family Law Facilitator (if your county has one) or court clerk.

There are a few important facts about legal separation that you should keep in mind if you are thinking about filing one:

• You do not need to file a petition for legal separation before filing for marital dissolution.  If you want to make sure that you are not responsible for debts your spouse may create after one of you moves out of the house, you should file a marital dissolution and a motion for temporary orders. 

• If you file a petition for legal separation, but your spouse files a counter-petition asking for a marital dissolution, the court will probably enter a marital dissolution.  This is because only one spouse must show that there are irreconcilable differences between the spouses in order to get a dissolution.

• If you file a legal separation, but you later change your mind and want a marital dissolution, you will need to file and serve a new petition for dissolution (unless your spouse has cross-petitioned for a dissolution).[4]

• If the court enters a legal separation decree, the legal separation can be easily changed to a marital dissolution.  Keep in mind that, once the court enters a decree of legal separation, your spouse can turn it into a divorce without your consent.  Any time after six months have passed after entry of the decree of legal separation, either spouse may file a motion with the court to change the decree of legal separation to a decree of dissolution.  The court must grant the request.[5]  All of the other parts of your legal separation orders (such as the parenting plan and order of child support) will not be affected and will stay in effect.

May I Get an Annulment Instead of a Divorce?

There is no legal action called an "annulment" in Washington.[6]  There is a little-used action called a petition for a declaration of invalidity, which is like an annulment in that it declares that the marriage was void (could not legally exist) from the day it started.  There are very limited circumstances in which you can have your marriage declared invalid.   The court can declare a marriage invalid if it decides that the parties should never have been married because:

1. one or both parties were underage (under 17);
2. lack of required parental or court approval for persons under age 18;
3. one or both parties was already married when the marriage took place;
4. the parties are too closely related by blood;
5. one spouse lacked capacity to consent to the marriage (could not give consent), either because of mental incapacity or because of the influence of alcohol or drugs;
6. a party was induced to enter into the marriage by force or duress, or by fraud involving the essentials of marriage. 

Even if the court finds one of the six factors, the court will declare the marriage valid unless the petitioner also proves that the parties have not "ratified" their marriage (showed that they wanted to continue the marriage) by voluntarily continuing to live together as husband and wife after turning 18, or after having the ability to consent, or after the force or duress stopped or the fraud was discovered.[7]   In addition, only the spouse who was the victim of force or fraud may petition for a declaration of invalidity.[8] 

Section 2.  Where Should I File My Divorce?

May I File a Marital Dissolution in Washington?

You may be surprised to learn that you and your spouse do not both have to live in Washington in order for you to be able to file for marital dissolution in Washington.

You may file a marital dissolution in Washington IF:

• You live in Washington; OR
• Your spouse lives in Washington; OR
• You are a member of the armed forces stationed in Washington; OR
• Your spouse is a member of the armed forces stationed in Washington
  AND
  your spouse will continue to be stationed in Washington for at least ninety (90) days following the date that you file and serve the marital dissolution.[9]

What If One Spouse Has Never Lived in Washington?

In order for the Washington court to make certain types of orders, Washington must have personal jurisdiction over the responding spouse (the one who did not file the dissolution).  Washington generally will have jurisdiction over the respondent if:

1. The respondent lives in Washington;
2. The respondent lived in Washington at some point during your marriage;
3. One of your children was conceived in Washington;[10]
4. You (the petitioner) have continued to live, or be stationed in the armed forces, in Washington.

If you are the responding spouse and you have never lived in Washington, Washington will not have personal jurisdiction over you unless you do something to give Washington jurisdiction over you. If Washington does not have personal jurisdiction over the responding spouse, the Washington court cannot order that spouse to pay maintenance or child support or any debts, or divide any property that is not physically in Washington.[11] 

However, the petitioning spouse may still be able to obtain a divorce even if custody and property issues will not be heard because of lack of personal jurisdiction over the responding spouse.  And, if Washington has jurisdiction over your children (see below), the court can enter a parenting plan even if Washington does not have personal jurisdiction over your spouse.[12]

You may agree to Washington having jurisdiction over you if you would like to do so.

What if I Cannot Find My Spouse?

If you are not able to locate your spouse, you may still be able to file a marital dissolution and serve your spouse by publication.  If you serve your spouse by publication, you may ask the court to end your marriage, divide any property and debts that are located in Washington, and (if Washington has jurisdiction over your children) enter a parenting plan.  You should think carefully before relying on service by publication, however.  First, if you serve your spouse by publication, you must follow the rules for service very carefully - if you do not, your court orders could be set aside years later.  Second, service by publication does not give the court personal jurisdiction over your spouse unless you can prove that your spouse is hiding either inside or outside Washington in order to avoid being served or to avoid paying debts.[13] If the court does not have personal jurisdiction over your spouse, you will not be able to ask the court to set child support, order maintenance, or enter restraining orders. 

What if My Spouse is a Native American who lives on an Indian Reservation?

If your spouse is a Native American who is living on reservation land (even if it is not your spouse's tribe of origin), you may be required to file your dissolution in tribal court.[14]  You should consult an attorney who has expertise in Indian law to find out where you should file.

What Should I Do if I Have Been Served with a Dissolution and I Don't Think My Case Should be in Washington?

If you think that the Washington court should not have jurisdiction over you, over the children, over the property, and/or over the marriage, you must argue about jurisdiction BEFORE you file anything else in the case.  You should see an attorney for advice if you can.  If you cannot afford one, you must be very careful not to do anything that could give Washington jurisdiction over you, such as filing a response, signing agreed orders, or asking the court to grant relief to you (other than dismissing the case).

If you do not tell the court that you do not think Washington has personal jurisdiction over you right at the beginning, you are likely to lose your chance to object.[15]   Although you may object to jurisdiction over your children at any time, it is best to do it early in the case.[16]

If possible, you should write to the court before you have a hearing and tell the court why you believe that Washington does not have jurisdiction over you.  You may also file a motion to dismiss for lack of jurisdiction.  For more information on filing a motion to dismiss for lack of jurisdiction, talk with an attorney or see your Family Law Facilitator.

If you already have a hearing scheduled, and you cannot write to the court before the hearing, go to the hearing in person (or you may be able to participate in the hearing by telephone by calling the court and arranging it in advance).  Tell the judge why you think there is no jurisdiction over your case.  If the judge decides in your favor, then the case should be dismissed to the extent that the Washington court has no jurisdiction over the case.  If the judge does not rule in your favor, then you will need to be prepared to respond to the marital dissolution in Washington.

In Which County Should My Dissolution be Filed?

You may file a petition for dissolution of marriage in the county where you live, or in the county where the respondent lives.[17]  If the case is filed in the county where one spouse lives, and the other spouse wants to move the case to the county where she lives, the court may (but is not required to) change venue.[18]  See the publication entitled "Filing a Motion for Change of Venue in a Dissolution of Marriage (Divorce)" at our website www.washingtonlawhelp.org,  You should also consult the county Family Law Facilitator or court clerk to see if a local publication is available or consult a private attorney (low-income persons who live outside King County may call CLEAR at 1-888-201-1014).

What if the Children Have Not Always Lived in Washington?

Before you file for dissolution in Washington, you should find out whether Washington has jurisdiction over your children.  If Washington does not have jurisdiction over your children, you may not ask for a parenting plan or custody order in Washington.[21]  You may need to file a divorce in another state.

• If your children have always lived in Washington and no other state has entered a custody order regarding your children, then Washington has jurisdiction over your children.  You may skip to Section 3.

• If your children have not always lived in Washington, you should make sure that Washington has jurisdiction over them before you file a dissolution petition if you want to have custody issues resolved in Washington.  The following are some basic guidelines that may help you decide if Washington has jurisdiction over your children.  However, jurisdiction is complicated:  if you have questions about whether Washington has jurisdiction over your children, you should talk with an attorney.

1. If you already have a court order about custody of the children, and one of the parties to that case or the children still live in the state that entered the court order, that state will continue to have jurisdiction over the children and you will need to file a custody action there (this is called continuing jurisdiction).[22]  If another state has continuing jurisdiction over your children, you may still file a dissolution in Washington, but Washington will not be able to grant you a parenting plan or custody order.  If Washington has continuing jurisdiction over your children, you may get a parenting plan in Washington.

2. If no court has ever entered an order about custody of your children, Washington has jurisdiction over your children if:

   a.         Your children have lived in Washington with a parent or a person acting as a parent for at least six consecutive months (six months in a row) before your marital dissolution is filed - Washington is your child's home state;

        OR
   
   b.         Your child is less than six months old and has lived in Washington with a parent or a person acting as a parent since birth at the time your marital dissolution is filed - Washington is your child's home state.

        OR
   
   c.         Washington was your child's home state (either a. or b. were true) within six months before your marital dissolution is filed and one parent or person acting as a parent has continued to live in Washington since the child left the state.

3. If Washington does not have continuing jurisdiction (under 1. above) or home state jurisdiction (2. above) over your children, you may still be able to obtain a parenting plan or custody order in Washington.  However, you will either need to show that there is an emergency (see paragraph 4 below), or that no other state is the children's home state (meets the requirements of 2.a., 2.b., or 2.c. above). [23]

   If another state is your children's home state, or was your children's home state within the last six months, then Washington probably will not have jurisdiction over your children until they have lived in Washington for six consecutive months.
   

   ☼  You cannot give Washington jurisdiction to decide custody of your children by agreement.[24]  If Washington does not have jurisdiction over your children under the UCCJEA, then you will need to file a court case asking for custody in the state that has jurisdiction over the children or you will need to ask the other state to decline and allow Washington to take jurisdiction.  If you want to ask another state to decline jurisdiction, you should talk with an attorney.

   
   
   
4. Emergency jurisdiction:  In certain limited cases in which an emergency exists that requires a court to enter orders to protect your children from abuse, Washington may be able to take emergency jurisdiction over the children.[25]  However, emergency jurisdiction usually is temporary, and Washington's orders typically will last only until someone files a legal case in the state that is the children's home state, or the home state declines.  Your children must actually be in the state of Washington at the time you file your petition for Washington to take emergency jurisdiction.
   
   

   ☼  If Washington takes emergency jurisdiction over your children and you want custody of your children to be decided by the children's home state, you must act as quickly as possible to file a custody action in the children's home state and have the Washington court communicate with the other state.  If you wait too long, and Washington becomes the children's home state, the other state can lose jurisdiction to Washington.[26]

   
   

Again, jurisdiction is very complicated.  If you have any questions about whether Washington has jurisdiction over your children, you should talk with an attorney as soon as possible; if you are low-income and live outside King County, you may call CLEAR at 1-888-201-1014.

Section 3.  How Long Will a Divorce Take?

You must wait at least 90 days after you filed the petition for marital dissolution and you have served it on your spouse before you may enter final orders.[27]  However, marital dissolutions often take longer than 90 days.  If your spouse responds and does not agree with everything in your petition, the amount of time that will pass until your case is finished will depend on your county and how complicated your case is.  In some counties, such as King County, the court will give you the date for your trial at the beginning of the case.  In most other counties, you will need to file a request that the court set a trial date after the other parent has filed a response.  If you have children, and there are claims of domestic violence, child abuse, alcoholism or drug addiction or other things that could be dangerous to the children, or you have complicated property issues, your case could take much longer.  You should expect that a marital dissolution will take four to eighteen months to complete.

Section 4:  I Was Served with Divorce Papers.  What Should I Do?

Read ALL of the documents you receive very carefully.

1. Find out What County Your Case is In.

Look at the papers you received.  The papers should say "Superior Court of the State of Washington, County of _______" at the top.  Make sure your case was filed in the right county.  See Section 2 above. 

2. Find Out Whether You have been Served with a Motion for Temporary Orders or Ex Parte Restraining Order/Order to Show Cause

Look carefully at the title of your papers (in the upper right section of the first page, under the case number). 

• If the papers you got include forms called a Summons, and a Petition for Dissolution of Marriage, then you have a marital dissolution case.  You will need our packet called Responding to a Petition for Dissolution (Divorce).

• If the papers you got include a Notice for Hearing or Note for Calendar Motion (or any other paper indicating that a court date has been scheduled) and a Motion and Declaration for Temporary Orders, then you have a Motion for Temporary Orders.  You may receive both a Petition for Dissolution and a Motion for Temporary Orders.  If you received a Motion for Temporary Orders, you will need our packet called Responding to Motions for Temporary or Emergency Orders.

• If the papers you got include an Ex Parte Restraining Order/Order to Show Cause, then you have a Motion for an Ex Parte Restraining Order/Order to Show Cause.  You may receive both a Petition for Dissolution and a Motion for an Ex Parte Restraining Order/Order to Show Cause.  You will need our packet called Responding to Motions for Temporary or Emergency Orders.
  
  

  ☼  An Ex Parte Restraining Order/Order to Show Cause is a court order which the other party got without providing notice to you.  You must be careful to obey the Ex Parte Restraining Order until your court hearing.[28] At your hearing, the court will decide whether the ex parte restraining order will remain in effect.

3. Remember that It is Important to Respond on Time!

When you are served with legal papers, it is very important to take steps right away to figure out how to respond.  In many cases, if you do not respond on time, the other party will automatically win what they are requesting.  For a motion, you may have as few as four business days after you receive the papers to file your response.  It may take time to locate legal resources, and to read through this packet.  Please keep in mind that you should do this as soon as possible after you receive the papers.  If you cannot respond in time, you will need to file a Notice of Appearance and ask for a continuance (explained below).

4. Talk with an Attorney

Even if you cannot afford to hire an attorney to file your case, you should talk at least once with an attorney to get advice about your situation.  If your income is very low, and you do not live in King County, you may call CLEAR at 1-888-201-1014.   If you live in King County, you may call the King County Bar Association for referrals to low or no-cost legal advice clinics for family law cases.

5. Get the Do-it-Yourself Packets That You Need

See Section 9 below.

Section 5:  What If I Need A Court Order Sooner Than 90 Days?

In many cases, you may want the court to enter orders before you get your final dissolution decree and other orders.  You may want to request temporary orders - court orders that are entered very quickly and last until trial or the end of your dissolution case.

For example, you might want to ask for temporary orders if you want the court to enter a parenting plan before trial that says which parent the children will live with and how much time they will spend with the other parent.  For another example, you might also want to get a court order before trial that will make it clear that you are not responsible for debts that your spouse creates, or that would prevent your spouse from cleaning out the bank accounts or selling things.  You may do this through a Motion for Temporary Orders or, in emergency situations, through a Motion for an Ex Parte Restraining Order/Order to Show Cause. 

What is a Temporary Order?

A temporary order is a court order that gives you certain rights and/or protections before your dissolution is finished.  You may request a temporary order at any time between when you file your Summons and Petition for Dissolution and the day your divorce is final.  To get a temporary order, you must file a Motion for Temporary Orders and give your spouse notice and a chance to respond to your motion.  You will have a hearing within about a week to three weeks at which the judge will decide whether to grant what you asked for in your motion.  The amount of notice you must give your spouse before a hearing varies from county to county.  You should consult with the court clerk or Family Law Facilitator for information about your county's notice requirements.

Do I Need a Temporary Order?

To decide if you need a temporary order, think about the following things:

• Are you happy with the way things are going right now without the temporary order? 

• Do you need to ask the court for help to order your spouse to do something (or to stop doing something)?

• You may ask the court to order many types of things in a temporary order, including:

• A parenting plan that says how much time the children will spend with each parent until the divorce is finished; [Until you have a court order, each parent has an equal right to custody of the children.  A parenting plan can also give you scheduled visitation with the children if you are being denied visitation. In determining a temporary parenting plan, the court should consider the relative strength, nature, and stability of the child's relationship with each parent and which parenting arrangements will cause the least disruption to the child's emotional stability while the action is pending in addition to the factor used to determine the provisions of a permanent parenting plan.[29]  (See Section 7 below.)]]

• Restraining orders that order one spouse not to harass or come near the other one;

• Restraining orders that order a parent not to take the children out of state;

• Restraining orders that order your spouse not to give away or sell property, or take out loans in both your names, or take your name off insurance policies;

• Orders for temporary child support, maintenance (spousal support), attorney's fees, or use of your property, such as the house or car;

• Order that one spouse can live in the house and the other cannot;

• Appointment of a guardian ad litem (GAL) or parenting evaluator to do an investigation and make recommendations to the court about which parent the children should live with and whether a parent poses a risk to the children.

Do I Need an Emergency Order?

If there is an emergency, you may need protection from the courts right away.  An Ex Parte Restraining Order/Order to Show Cause takes effect right away, and is often entered without any prior notice to your spouse.  (Your spouse will later have a chance to have a hearing at which the judge will decide whether the order will continue).  You may need an emergency order if you cannot wait a week to three weeks for a hearing to get help from the court.  This happens, for example, when your spouse is harassing or harming you, has harmed the children or is a danger to them, has threatened to take the children, or is taking large amounts of money out of your accounts or is selling or hiding property.  If you file a Motion for an Ex Parte Restraining Order, you do not need to file a Motion for Temporary Orders since the same types of orders are available.

What if I Want to Change my Temporary Order?

Unlike a final Decree of Dissolution, a Temporary Order may be changed at any time before your divorce is final.[30]  To change a temporary order, you will need to file another Motion for Temporary Orders.   

What if Your Spouse Has Hurt You or the Children?

If you are afraid that your spouse may injure or threaten you or your children, the court can issue special orders to help protect you and your children from harm. If you have been a victim of domestic violence,[31] or have been threatened with injury, you should consider asking the court to award you a Domestic Violence Protection Order.  Often it is a good idea to do this before you file for divorce, but you may request a Protection Order after you file a marital dissolution.  You may also ask that a permanent protection order be entered as part of the final orders in the divorce. 

A Domestic Violence Protection Order can:

• Give care of children to one parent;
• Set up a schedule of time children will have with your spouse (or stop your spouse from seeing the children);
• Keep a person out of the family home and away from your home, work or school;
• Order a person not to threaten, assault, harass or stalk another; and
• Order a person to attend treatment for domestic violence and/or alcohol/drug treatment.

For more information about getting a Protection Order, contact your court's protection order advocates, your local domestic violence program, or call the 24-hour statewide domestic violence hotline at 1-800-562-6025.

What is a Guardian ad Litem and a Parenting Evaluator?

One of the many things you may ask the court for in a Motion for Temporary Orders is to appoint someone to make a recommendation to the court about parenting arrangements.  We are including some information about GALs and parenting evaluators in this packet, but for more detailed information you should get our separate packets, How to Request a GAL in Custody Cases and Working with GALs and Parenting Evaluators: 20 Tips for Parents in Family Law Cases.

Generally, a GAL or parenting evaluator is appointed to make recommendations about what parenting plan would be in the best interests of your child.  A GAL is not appointed to just tell the court what your child wants but, rather, to investigate the parenting history and abilities of all the parties, the situation of the child, and then to make a recommendation to the court about what type of custody and visitation would be in the children's best interests. The main difference between a parenting evaluator and a GAL is that a GAL is a party to the case (who must get notice of all court hearings) and a parenting evaluator is not. 

In some counties, the GAL or parenting evaluator will be a privately employed person who charges by the hour for his or her time.  The parties usually share the fees for a GAL.  If you cannot afford to pay for a private GAL, you may be able to ask the court if your county has a volunteer family law GAL program called Court Appointed Special Advocates (or a CASA) who can be appointed for free.  Or, your county may have a Family Court Services office which employs social workers to act as parenting evaluators in family law cases on a sliding scale or low fee.

You may want to ask the court to appoint a GAL or parenting evaluator if there has been any physical or sexual abuse of you or the children, if one of the parents is seriously mentally ill, or if one of the parents has an alcohol or drug addiction.  The court may also decide to appoint a GAL or parenting evaluator in your case even if you do not ask for one. 

Section 6:  How Does The Court Decide Who Gets The House (And Other Property) And Who Pays The Debts?

In a dissolution, each spouse must tell the court about all of his or her property and debts - separate and community.  The court must divide all of the spouses' property and debts in the Decree of Dissolution.  Washington is a community property state.  Generally, in Washington, all property that either spouse gets during the marriage is community property and belongs to both spouses.[32]  If property, such as a house, other real estate or a car, is purchased during the marriage, the property is probably community property even if only one spouse is on the title.[33]  Each spouse's earnings, any pension benefits accrued, and any 401(k) contributions made during the marriage are community property. 

Separate property (which belongs to only one spouse) generally is property that the spouse got before the marriage, or which was given to that person by inheritance or gift (whether before or during the marriage), or which the spouse got after separation.[34]  (However, if you lived together in a stable relationship before your marriage, the property and earnings that you had during the time that you lived together may also be considered community property). [35]

Generally, all debts created by either spouse during the marriage are community debts, which both spouses are equally responsible for paying.  Separate debts are those that are made before the marriage or after the date of separation.

The law about division of community and separate property in marital dissolutions can be very complicated.  It is not possible to provide all of the information you might want about property and debts in this information packet.  This section will attempt to give general answers to frequently asked questions about property and debts; however, you should consult an attorney about your specific case.

When We Divorce, Will the Court Divide all of our Property and Debts 50/50?

The court is not required to award one spouse's separate property to that spouse, or to divide the community property 50/50.[36]  The court can make any division of property and debts that is just and equitable, after considering:

• The nature and extent[37] of the community property;
• The nature and extent of the separate property;
• The duration of the marriage; and
• The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time.[38]

How Does the Court Decide What is a Just and Equitable Division of Property and Debts?

How much property the court awards to each spouse, and who is ordered to pay what debts, will depend on a number of factors.  If you have children, the main factor the court will consider will be which parent the children will live with the majority of the time because the court will want to provide for the children.  In addition to ordering payment of child support, the court is likely to order that the parent with whom the children will be living should continue to live in the family home if that is financially possible.  The court may award more property and fewer debts to the primary residential parent, particularly if the other parent is not going to be able to pay much child support for some reason.

A second factor the court will consider (which will be the main factor if you do not have children) is in what type of financial condition the division of property and debts will leave each spouse after divorce.[39]  The court generally will not want to leave one spouse extremely wealthy and the other poor.[40]  The court will consider issues such as each party's age, health, education, and prospects for employment.  Thus, for example, in a long-term marriage in which one spouse has not worked much outside the home, the court is more likely to award that spouse more of the community property (or long-term maintenance) to make sure that spouse does not end up much poorer than the other spouse.[41]  Or, if one spouse is disabled and will not be able to work, the court may award the disabled spouse more of the community property.[42]  Likewise, the court may consider which spouse will be able to afford to pay the debts after dissolution when deciding who must pay them.[43]

In most cases, the court will award each spouse his or her separate property and order each spouse to pay his or her separate debts.  The court will award one spouse's separate property or separate debts to the other spouse only in very unusual circumstances.[44]

What if I have a Prenuptial Contract or Community Property Agreement?

Some people sign a written agreement before they marry that states how the parties' property and debts will be divided if they should divorce.  This is often known as a prenuptial or antenuptial agreement.  Other people sign an agreement during the marriage regarding their property, which states which property is community and what is separate.  This is known as a Community Property Agreement.  These are sometimes completed as part of an estate plan.  Still others may sign an agreement after they separate that divides property and debts - an agreement known as a Property Settlement Agreement or Separation Contract.  If you believe that you have any type of written agreement regarding your property and debts, you should get a copy of it and have an attorney review it.  This type of contract or agreement may (but does not always) determine how the court will divide property and debts in your particular case.

I Bought our Car and Most Other Property with My Income, so Shouldn't the Court Award the Car and other Property to Me?

Not necessarily.  If your car and other property was purchased with money earned during the marriage, it is community property.  Each spouse's income during the marriage is community property, so anything that you buy with either spouse's income belongs to both of you.  It does not matter whose paycheck was used.[45]  The court will divide the car and other property according to what the court decides is just and equitable overall.

My Spouse Owned our House before our Marriage, but We Both Paid the Mortgage.  Shouldn't I get Part of the House?

Maybe.  The court may award you an interest in the house (sometimes called an equitable lien), depending upon a number of factors.  Because your spouse bought the house before your marriage, the house is your spouse's separate property.  Therefore, the house remains separate, even after you marry (unless the house is given as a gift to the community, such as could happen if it is refinanced in both spouse's names).  You may be entitled to an interest in the increase in any value due to improvements (such as a remodel or new deck) to the house, plus the community payments toward the mortgage.  However, your community interest would be reduced by the reasonable rental value of the house because you had the benefit of living there during the marriage.  Thus, in some cases, the court could rule that you have no community interest in the house because your community contributions were offset by the value you got from living there.[46]  This issue is complicated -- you should consult an attorney about your specific case.

I Think We Need to Sell Our House, But My Spouse Disagrees.  Can the Court Order us to Sell the House?

Yes, the court has the power to order that your house should be sold even if one spouse objects.[47]  The court is most likely to do this if a sale of the home is necessary to enable the court to divide the property equitably or if the parties are behind on payments.

Is it True that I Have No Right to My Husband's Pension because He Earned it?

Not necessarily.  Retirement or pension benefits, including 401(k) plans that are earned during the marriage, are community property in which both spouses have a legal interest.  If a pension was earned both before and during the marriage, the portion of the pension earned during the marriage (and the increase in value of that portion) is community property.[48]  Some disability benefits that substitute for pension benefits may also be community property in which both spouses have an interest.[49]  If you believe that your spouse has a pension (including a military pension), 401(k), IRA, or other retirement or disability plan, you should talk with an attorney about what rights you may have to the pension.  You may be able to get an order entered, called a Qualified Domestic Relations Order (QDRO), under which your spouse's pension plan will pay benefits directly to you after your spouse retires.  The Pension Rights Center publishes a very good book called Your Pension Rights at Divorce:  What Women Need to Know, which you may want to buy.  You can find out more at their website, http://www.pensionrights.org/pubs/books.html or you may call them at (202) 296-3776.

My Spouse Had an Affair that Caused our Divorce.  Since the Divorce is My Spouse's Fault, Shouldn't the Court Give Me More of the Property?

No.  Because Washington has "no fault" divorce, the court may not consider which spouse "caused" the dissolution when deciding how to divide the property.  However, the court may consider the conduct of the other spouse if that spouse wasted assets from the marriage without the other spouse's consent, or if that spouse tried to hide assets from the court.[50]

Since I'm Not Working Right Now, Will the Court Order my Spouse to Pay Me Alimony?

Maybe.  Maintenance, or alimony, is a payment that one spouse makes to the other to provide financial support.  Maintenance is not automatically awarded to either spouse. The court looks at several factors in deciding whether a spouse should get maintenance, including:

• length of the marriage;
• financial situation of both spouses given the division of property and debts, and the other spouse's ability to pay maintenance;
• time it will take for the spouse asking for maintenance to get education or training;
• standard of living during the marriage; and
• age and health of the spouse asking for maintenance.[51]

If you have been unemployed for a long time (such as may be the case if you stayed home to care for the children), the court may be more likely to award you maintenance than if you have been laid off temporarily.  On the other hand, even if the spouse seeking maintenance is capable of working (or is working to support him or herself), the court may still award maintenance to that spouse if awarding maintenance will help that spouse enjoy the standard of living that was usual during the marriage.  The court uses maintenance "not just as a means of providing bare necessities, but rather a flexible tool by which the parties' standard of living may be equalized for an appropriate period of time."[52]  Long term or permanent maintenance is more likely to be ordered after long marriages and if one spouse is disabled and/or stayed home to care for the children while the other worked and is therefore less likely to be able to get a well-paying job.[53]  Unless the Decree of Dissolution states otherwise, maintenance payments end when the person receiving the payments remarries or dies.[54]  Again, whether or not maintenance will be awarded in your case is a complicated issue.  If you have questions, you should talk with an attorney if possible.

Important Information about Marital Debts

You may end up paying a debt even if your spouse was ordered to pay it.  As part of the final Decree of Dissolution, the court will order one or both spouses to pay any debts that the parties owe.  This includes your mortgage, any car loans, credit card debts, utility bills, back taxes, etc.  Even if the court orders your spouse to pay a particular debt, the creditor (person to whom the debt is owed) may still come after you to collect any community debts.  You will not be able to stop the creditor from collecting from you by telling that person that your spouse is supposed to pay.  If your spouse fails to pay the debt and you end up paying it, you will need to sue your spouse in court to force your spouse to pay you back.  If you think that this might be a problem, you should make sure that you check the "hold harmless" provision in the Decree of Dissolution form (paragraph 3.6, second box).  Then, if you must sue your spouse to force him or her to reimburse you for debts you paid, your spouse will be required to pay your attorney's fees and costs as well.

Your spouse may try to avoid paying marital debts by filing for bankruptcy.  If your spouse files for bankruptcy after your Decree of Dissolution is entered, the bankruptcy court may relieve your spouse of paying for those debts.  If your spouse files for bankruptcy, you should get notice of it.  You should immediately talk with an attorney who is familiar with bankruptcy law about your rights.  You may need to participate in the bankruptcy case in order to protect yourself.

Section 7:  Who will Get Custody of our Children?

As part of your marital dissolution, the court will decide which parent the children will live with the majority of the time (or whether they will live with each parent half of the time), how much time the children will spend with the other parent, who will make decisions about the children's schooling, medical care and other issues, and how the parents will resolve disagreements about the children in the future.  The court will do this in a court order called a Parenting Plan.  In Washington, the courts generally prefer not to use the words custody and visitation when talking about how much time each parent spends with a child, but will talk about the residential schedule and decision-making authority for the children.  The way in which the court makes decisions about your temporary and permanent parenting plan is complicated.  This packet will try to give you an overview of the law, but you should talk with an attorney about your specific case if at all possible.

Who Needs a Parenting Plan?

If you and the other parent have one or more children together who are less than eighteen years old, you must fill out a parenting plan.  If you were served with a petition and a parenting plan by the other parent and disagree with what the other parent is asking for, you need to file your own parenting plan so the court knows what you want.  The court may enter a temporary parenting plan (that will cover the period while the dissolution is pending) and will enter a permanent parenting plan when your dissolution is finished.

How Does the Parenting Plan Affect my Rights to See My Children?

After a judge or court commissioner signs a parenting plan, it is a court order and both parents are required to follow it.  If you don't follow the parenting plan, you could be found in contempt of court or even prosecuted for custodial interference unless you have a good excuse.  A good excuse for not following an order would be if following it would cause serious harm to you or the child.  And even in that situation, you cannot simply refuse to follow the court order; you must return to court to ask for a change in the order.  Therefore, if you do not want to follow part of a parenting plan that has been ordered by the court, you should get the permission of the other parent in writing or you should contact an attorney.  You should file an action to modify the parenting plan as soon as you can so that a new and more appropriate schedule is approved by the court. If you believe your child may be in danger, one option is to contact Child Protective Services, State of Washington Department of Social and Health Services (CPS).

How Will the Court Decide Who the Children Should Live With?

Under Washington law, there are several factors that the court must consider when deciding who your children should live with. 

Reasons That One Parent's Time with the Children May be Restricted

The court must first consider whether there is a reason under RCW 26.09.191 that one parent's residential time with the children should be limited, or whether that parent should be prevented from having any contact with the children.  In most cases, the court must limit a parent's residential time with a child (and cannot order joint decision-making or alternative dispute resolution) if that parent, or a person who lives with that parent, has engaged in any of the following conduct:

1. Willful abandonment of the children that continues for a long time, or the parent substantially refuses to perform parenting functions (care for the children); OR

2. Physical, sexual or a pattern of emotional abuse of any child (whether it is your children or someone else's); OR

3. A history of acts of domestic violence[55] or an assault or sexual assault that causes serious bodily harm or the fear of such harm; OR

4. Has been convicted as an adult of one of a number of sex crimes, including rape of a child, child molestation, sexual misconduct with a minor, incest, or sexual exploitation of children, or has been found to be a sexual predator.[56]

In cases involving allegations of physical, sexual or emotional abuse or allegations of a history of domestic violence under (2) and (3) above, "both parties shall be screened to determine the appropriateness of a comprehensive assessment regarding the impact of the limiting factor on the child and the parties."[57]

The court may choose to limit a parent's residential time (and order that there will be no joint decision-making or alternative dispute resolution) if the court finds any of the following:

• The parent neglected or substantially failed to provide care for the children; OR

• The parent has a long-term emotional or physical problem that interferes with his/her ability to parent the children; OR

• The parent has a long-term drug, alcohol or other substance abuse problem that interferes with the parent's ability to parent the children; OR

• There is no emotional bond between the parent and the child or that bond is seriously damaged; OR

• That parent has engaged in the abusive use of conflict which has created a danger of serious damage to the child's psychological development; OR

• The parent has denied the other parent contact with the child for a long time without a good reason; OR

• The court finds another reason that unrestricted contact with the parent would be bad for the child.[58]

How Will the Court Limit a Parent's Residential Time if the Court Finds a Limiting Factor under RCW 26.09.191?

If the court decides that a limiting factor applies to one or both parents, there are a variety of different restrictions the court may order.  In most cases, the court will not allow the children to live the majority of the time with a parent to whom a limiting factor applies.  In very serious cases, in which the court decides that no other limits will protect the child from harm, the court must order that the parent to whom the limiting factor applies may not have any contact with the child.[59]  In particular, there are very specific and detailed rules that the court must follow if a parent or a person who lives with a parent has been convicted of a sex crime against children, or has been found to have molested or otherwise harmed children in a civil case such as a dependency (CPS case).  There are only very limited cases in which that parent may again have unsupervised contact with his/her child or children.  If you or the other parent in your case have been convicted of such a crime, you should talk with an attorney and read RCW 26.09.191 very carefully.   This packet will not address all of the specific restrictions that apply to parents convicted of sex crimes or sexual abuse.

In the parenting plan, the court may order any restriction that would be "reasonably calculated to protect the child from the physical, sexual or emotional abuse or harm that could result if the child has contact with the parent requesting residential time."[60] The restrictions may also be "reasonably calculated to provide for the safety of the parent who may be at risk of physical, sexual, or emotional abuse or harm that could result if the parent has contact with the parent requesting residential time."[61]  

Some of the most common restrictions include requiring that parent to:

• See the children only when supervised by a professional supervisor or neutral third party;
• Complete domestic violence or substance abuse treatment;
• Submit to random drug or alcohol tests (often urinalysis or UAs);
• Complete a parenting class;
• Participate in mental health counseling or take any physician-prescribed medication for his/her mental health condition;
• Complete a sexual deviancy evaluation;
• Stop interfering with the other parent's contact with the children;
• Stop creating conflict or getting into disputes with the other parent without a good reason.

If None of the RCW 26.09.191 Limiting Factors Applies, How Will the Court Decide Who the Children will Live With?

If none of the limiting factors applies, RCW 26.09.187 requires the court to consider a number of specific factors to decide on the residential schedule.  The court's goal is to "encourage each parent to maintain a loving, stable and nurturing relationship with the child, consistent with each child's developmental level and the family's social and economic circumstances."[62]  The most important factor that the court must consider is "the relative strength, nature and stability of the child's relationship with each parent."[63]  The court will also consider:

• Agreements of the parents, if they were entered knowingly and voluntarily;
• Each parent's past and future potential for parenting the children, including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child;
• The emotional needs and developmental level of each child;
• The child's relationship with brothers and sisters and other adults important to the child, as well as the child's involvement with school, the child's activities & community;
• The parents' wishes;
• The child's wishes if the child is mature enough to give his/her opinion (the court will usually not consider the child's wishes until the child is a teenager);
• Each parent's work schedule.[64] 

The residential provisions may contain any reasonable terms or conditions that facilitate the orderly and meaningful exercise of residential time by a parent, including but not limited to requirements of reasonable notice when residential time will not occur.[65]

Note that the court should give little weight to factors such as which parent earns more money or is going to remarry.  Also, the court should not draw any presumptions from the temporary parenting plan when determining the provisions of a permanent parenting plan..[66]

In Section 11, we have provided you with Yakima County Superior Court's suggested residential guidelines, in order to give you one idea of the amount of residential time the children should spend with each parent.  These guidelines were designed for families in which there has been no abuse of the children or domestic violence.  If you believe that your spouse may present a danger to the children or you, you should consider a different type of schedule.  Talk with an attorney for advice on what to ask for in your parenting plan.

I Want to Have Equal Time with the Children, will the Court Order This?

The court may enter a parenting plan that gives each parent substantially equal residential time with the children.  However, the court may not enter a parenting plan that requires a child to go back and forth between his/her parents' households for "brief and substantially equal periods of time" unless the provision is in the best interest of the child. In determining whether such an arrangement is in the best interests of the child, the court may consider the parties' geographic proximity to the extent necessary to ensure the ability to share performance of the parenting functions.[67]

How Will the Court Decide Who Should Make Important Decisions about the Children?

In the parenting plan, the court will also decide which parent will make important decisions about the child.  Either parent will be permitted to make emergency decisions about the child or may make day-to-day decisions (such as what the child will eat or who will baby sit the child) when the child is in that parent's residential care.[68]  For non-emergency decisions, such as where the child will go to school, what doctors or other health care providers the child will see, when the child receives medical care, and what religious institution the child attends (if any), the court may allow one or both parents to make these decisions.  The court must order that only one parent can make these non-emergency decisions if there is a limiting factor under RCW 26.09.191 against the other parent that requires that no joint decision-making can be ordered, or if both parents say that they do not want joint decision-making.  The court may order sole decision-making to one parent if that parent disagrees with joint decision-making because (1) one of the limiting factors under RCW 26.09.191 applies to the other parent; (2) the other parent does not have a history of participating in the decision-making about the children; (3) the parents do not have a demonstrated ability and desire to cooperate with each other in decision-making; or (4) the parents do not live close enough to each other to make joint decisions in a timely way.[69]

Note that, in most cases, the court should treat decisions about the children's religious upbringing differently from decisions about school and medical care.  Unless the court decides that the children may be harmed by being exposed to a parent's religious views, the court should allow each parent to provide the child with the religious instruction the parent chooses while the children are in that parent's residential care.[70]  This would not be "joint" decision-making but would be each parent making decisions on that parent's residential time and not interfering with the other parent's decisions.

What is Alternative Dispute Resolution and What Does it Have to Do with the Parenting Plan?

The parenting plan includes provisions that govern how you and the other parent will resolve disagreements about the parenting plan in the future.  Alternative Dispute Resolution (ADR) refers to ways of solving disputes instead of going to court.  For disagreements over parenting plans, you and the other parent may choose options other than going to court, such as counseling, mediation, or arbitration. If a limiting factor under RCW 26.09.191 applies to one parent, if the parents will not be able to participate in dispute resolution equally, or if one of the parents cannot afford alternative dispute resolution, the court should not order alternative dispute resolution but should just require the parents to return to court if they have disagreements about the parenting plan in the future.[71] 

Some people find that ADR can be helpful.  If you choose counseling, you will typically meet with a mental health professional who will use counseling techniques to help you and the other parent solve your disagreement.  If you choose mediation, you will meet with a mediator, who is a neutral third party who may be a lawyer, retired judge or court commissioner, or a mental health professional.  The mediator will try to encourage you to come to an agreement.  If you choose an arbitrator, you will meet with a neutral third party (often a lawyer, retired judge or court commissioner) who may try to help you reach agreement, but who will make a decision that you both must follow if you cannot reach agreement.  If arbitration is ordered in your parenting plan, you will still have the right to file a motion with the court to ask for a review of the arbitrator's decision if you do not agree with it.  You will need to pay a counselor, mediator or arbitrator in most cases, and the fees can be very expensive.  However, ADR can also help you avoid the stress, expense and unpredictability of going to court.

For more information about deciding whether mediation might be right for you, you may read our publication called Mediation, which is available on our website.

What if I Want to Move to a Different State with the Children?

In 2000, the Washington State Legislature passed a new law about when and how one parent may move a child's residence when the parents don't live together and there is a parenting plan or other custody/visitation order in place.  This made major changes to the law dealing with relocation and parenting plans.  All parenting plans must now have language about what will happen if one of the parents wants to move (relocate).  That language is part of the parenting plan form and CANNOT be changed or taken out, even if the other parent agrees.  The new requirements include having to give the other parent notice before a move, giving the parent who is not moving a chance to object to the move, and being able to ask the court to change a parenting plan, including which parent the children will live with based on a parent's relocation.  You will find the new law in the Revised Code of Washington (RCW) 26.09.405 through 26.09.560.  Also, you may want to read our publication called Moving with Children:  Washington's New Relocation Law. 

What if the Wife is Pregnant - May we Still Get a Divorce?

If the wife is pregnant and you want to end your marriage, you may file a Petition for Dissolution.  However, you must tell the court that the wife is pregnant, but the court cannot use the wife's pregnancy as the sole basis for delaying entry of a decree of dissolution.[72]

Any child that is born during your marriage or within 300 days after your Decree of Dissolution is entered, will be legally presumed to be the child of the husband even if it is not actually the husband's biological child.[73]  If there is a question about the paternity of the unborn child, the question should be resolved before the Decree of Dissolution is entered.  One option is to file a motion to request genetic testing in your dissolution case to determine the paternity of the child.  Either parent may file this type of motion.  If you request genetic testing, the court may require that a Guardian ad Litem (GAL) be appointed for the unborn child for the purpose of investigating and deciding whether it is in the child's best interests for genetic testing to be done.  Another option is for one spouse to contact the Division of Child Support.  DCS can refer you to the family support section of the Prosecuting Attorney's office, which may file a parentage action in court to determine paternity of the child.  Washington law imposes strict time limits in which a presumed or acknowledged father may deny or challenge paternity.  You should talk with an attorney to discuss what you should do.

Section 8:  Will my Spouse Have to Pay Child Support?

What is Child Support?

Child Support is money paid by a parent to a party taking care of the children (usually, the other parent) to help support the children.  The parent usually must pay child support monthly.  The amount is based on the Washington State Support Schedule, and is set by taking into consideration the children's needs and both parents' incomes. 

A parent has a legal duty to help support his or her children.  Thus, in most cases in which parents divorce, the parent with whom the children do not live most of the time will be required to pay child support to the other parent.  Even if the parents each have 50% of the time with the children, one parent may be required to pay support to the other if there is a big difference in the amount of income each parent earns. 

A person may also have a legal duty to help support his or her stepchildren until a divorce from the child's parent is final or until there is an order relieving the stepparent of this obligation.[74]

How is the Child Support Amount Established?

Child support is calculated based upon the income of both parents and the number and ages of the children, using the Washington State Child Support Schedule.  It is a good idea to read through the Schedule so that you can understand all of the factors that the court will take into account when setting support.

The Schedule works somewhat like an income tax table - the court figures out each parent's income, adds it together, and finds the amount of support on the Schedule that applies to the number and ages of children that you have.  Washington started using this schedule to try to ensure that children get enough support to meet their needs, and that parents who make similar amounts of money across the state pay or receive similar amounts of support.

It is important to know that the court's main concern in setting child support is to make sure that your children have enough money to meet their needs.[75]  Support is meant to pay not only for clothes and food, but to give the children a place to live (rent/mortgage and utilities) and assure they have adequate daycare and medical care.  If the parents do not have enough money to meet the children's needs, the court also takes into account parents' ability to pay.  Both parents may also be required to share costs for uninsured health care, day care, school tuition and long distance visitation expenses; how much each parent pays will be determined in proportion to their incomes and by considering the number of children living with them. The court may also award the federal income tax exemptions that each party is entitled to claim.[76]

For more detailed information about child support, see our publication called Understanding the Washington State Child Support Schedule and How Child Support is Set in Washington.

Section 9:  Our Do-it-Yourself Family Law Packets

Are There Alternatives to Filing a Marital Dissolution Using the Do-it-Yourself Publications?

Yes.  There are at least three alternatives:

1. You may hire an attorney to represent you.  If you can afford to hire an attorney, it is best to consult one about your particular case and consider hiring the attorney to file the marital dissolution for you.  If you cannot afford an attorney, you may contact your local legal services office to see if an attorney can represent you or give you advice to help you represent yourself.  Some legal services offices and county bar and pro bono programs represent individuals in marital dissolutions; however, they usually are able to directly represent very few of the many people who apply for help.  If you are low income and do not live in King County, you may call CLEAR for a referral at 1-888-201-1014.  If you are low income and live in King County, call the King County Bar Association at (206) 623-2551 and ask for a referral for low-income representation in family law.

2. You may take a "Self-Help" class.  In some counties, such as King County, there are "self-help" classes that teach you how to file your own marital dissolution.  A class may be more expensive than this packet, but may provide you with more help filling out the forms and with local court procedures.  If you can go to a class, we recommend that you do so.  To find out whether your county has a self-help class, contact your local Family Law Facilitator if there is one in your county.

3. Where available, you may use the local Family Law Facilitator's Do-It-Yourself packets.  In some counties, there are Family Law Facilitators who can help you file your own dissolution action in court.  The facilitators are not attorneys and are not permitted to give you legal advice; however, they often have do-it-yourself packets that are designed for that county.

What Packets Do I Need for a Dissolution of Marriage?

The Northwest Justice Project publishes several different do-it-yourself packets, which will give you instructions and forms for completing a marital dissolution.  The following list should help you decide which packets you will need.  You will need more than one packet to complete an entire marital dissolution case, but we recommend that you get only the packets you need at the time that you need them.

• Filing for a Dissolution of Marriage (Divorce) - You may use this packet to file (start) a marital dissolution (divorce) case.  If you have children, you will also need the Parenting Plans and Child Support packet.

• Filing In Forma Pauperis (IFP) - You may use this packet if you want to file a marital dissolution but you cannot afford to pay the filing fee (usually $200-250).  This packet may help you ask the court to waive (forgive) the fee.

• Service by Certified Mail or Publication - You may use this packet if you are filing a dissolution of marriage and you have tried to serve any other party in person, but could not do so.  This packet may help you ask the court for permission to serve the other party by certified mail or publication.

• Serving Papers on the State - If you are filing a marital dissolution, or you are filing a motion asking for an order of child support, and any of the children receive welfare benefits such as TANF, food stamps, or medical benefits, you must serve a copy of your legal papers on the State of Washington (care of the prosecuting attorney's office).  You may use this packet to help you serve the State.

• Responding to a Petition for Dissolution - You may use this packet to respond to a dissolution of marriage (divorce) case if your spouse has already filed one.  If you have children, you will also need the Parenting Plans and Child Support packet.

• Parenting Plans and Child Support for Dissolution Cases and Modifications of  Dissolution Cases - You may use this packet if you have children with your spouse.  With this packet, you may ask the court to enter a parenting plan (a court order that includes a schedule for how much time the children spend with each parent) and an order of child support. 

• Filing a Motion for Temporary Orders for Dissolution Cases and Custody/Parenting Plan Modifications of Dissolution Cases - You may use this packet to ask the court to enter an order that will cover the time period between the date you file for divorce and the date your divorce is final.  

• Filing a Motion for Emergency Orders for Dissolution Cases and Custody/Parenting Plan Modifications of Dissolution Cases - You may use this packet to ask the court to enter an order that will take effect immediately and can cover the time period between the date you file for divorce and the date your divorce is final.  You should use this packet if you need an emergency order.

• Responding to Motions for Temporary or Emergency Orders - You may use this packet if the other party has filed a Motion for Temporary Orders or a Motion for an Ex Parte Restraining Order/Order to Show Cause.

• How to Write a Declaration - This publication will help you and your witnesses to write the most effective and persuasive statements in support of your motion.

• Preparing for a Hearing or Trial - This publication will assist you in organizing your evidence and preparing your oral argument to present to the court in your hearing or trial.

• How to Subpoena Witnesses and Documents - You may use this packet if you need to make sure important witnesses or documents are at trial.

• Finishing Your Dissolution of Marriage by Default - You may use this packet when you are ready to finish your dissolution and one party hasn't responded. 

• Finishing Your Dissolution of Marriage with Children by Agreement - This packet will help you fill out and file the forms and papers that you need to complete a dissolution (divorce) action when you and your spouse have an agreement (or settlement) and children are involved.

• Dismissing Your Dissolution - You may use this packet if you decide that you do not want to end your marriage after all.

• Other:  Local Do-it-Yourself packets:  In some counties, you may need other forms or packets during your divorce case that are required by local court rules.   For example, King County requires you to file other forms, such as a Confirmation of Issues form, while your divorce is going on.  Consult your court clerk's office or Family Law Facilitator (if your county has one) to find out if your county requires more information.  The Northwest Women's Law Center (206-621-7691 or http://www.nwwlc.org) has a do-it-yourself packet about following the case management schedule for divorces filed in King County, and also has informational publications on other divorce issues, such as Community Debt and Mediation.

I Have More Questions about the Law, Where Do I Get More Information?

We have other publications and packets on our website, http://www.washingtonlawhelp.org and links to help you do legal research, which may help you if you want more information about marital dissolution.  If you need more information, or do not have access to the internet, you may want to visit your local law library (usually located in your county's Superior Court building).  The library staff may be able to help you find the resources you need. 

Footnotes: