What are the requirements for residence? A resident of the State of Washington, for purposes of divorce, is [1] someone who lives in Washington with the intent to keep living here, [2] someone who is in active duty in the armed services of the United States and stationed here, or [3] someone who is married to a person who qualifies under [1] or [2]. There are no time requirements for residence, however, if you have a child, usually the child must have resided in Washington for at least 6 months before the Washington courts have jurisdiction to determine the child’s parenting and child support. What are the grounds for divorce? One spouse must allege that the marriage is "irretrievably broken". The reasons for this are private, and are not aired in court. What does it take to be married at common law? Washington does not have "common law marriages", but does recognize "meretricious relationships." A meretricious relationship is a stable, marital-like relationship where both parties cohabit with knowledge that a lawful marriage between them does not exist. Washington courts have decided that meretricious relationships cannot exist between members of the same sex. An annulment is a legal recognition that your marriage was never valid in the first place, so you do not have to allege that your marriage was irretrievably broken. Otherwise, it works just like a divorce. Annulments are very rare. Is there such a thing as legal separation? If so, how does it work? A legal separation is similar to a divorce. The exceptions are that you can obtain your final Decree immediately – there is no minimum 90 day waiting period – and you do not have to allege that your marriage is irretrievably broken. If you have a Decree of Legal Separation, then you must wait 6 months to convert it to a Decree of Dissolution. Either husband or wife may voluntarily change their name as part of a dissolution of marriage or legal separation. The language providing for this should be included in the final Decree. Usually, you may not require your spouse to change his/her name. Plan on paying for your own attorney’s fees and costs. While the court has discretion to order one side to pay part or all of the other side’s attorney’s fees if there is a financial inequity, or if one side’s misconduct has run up fees, courts are reluctant to order the payment of attorney’s fees. You are responsible for being cooperative in providing information and complying with court orders so that fees and costs are kept to a minimum. What about health care insurance? Your children will continue to be covered under the existing health care insurance you and/or your spouse have, even after the divorce. If you are covered under your spouse’s health care insurance plan, that coverage should continue during the divorce, but will end when the final Decree is entered in court. Plan for this now. Contact the health care insurance benefits office and find out what you need to do to obtain COBRA or other replacement coverage when the divorce is final, and what it will cost you. |
8407 S. 259th Street Suite 203 Kent, WA 98030 Call: 425-235-5535 Directions E-Mail Jennifer
Miscellaneous
