What is the difference between a Washington State contested divorce and a Washington uncontested divorce?
A true uncontested divorce is where one party files and the other party never files an answer and the party who files obtains a default judgment. In that sense, most cases are contested in some manner, whether it be property settlement, spousal support, custody, parenting time or child support. Although, in Washington, most cases settle before going to trial. See our Divorce page for more information.

Can I make my spouse leave the home during the divorce?
Many people live together during their divorce proceedings.  Most, however, prefer to establish separate residence.  Although either situation may be emotionally and psychologically difficult, it is generally more financially practical to live together until the judgment is entered or your marital home sold or refinanced.

If there is an issue of domestic violence, or if one party has established a residence elsewhere, the Judge may issue an Order of Exclusive Occupancy, which states that only one of the parties may live in the marital home during the proceeding. If your spouse leaves the martial home for a few days, and comes back to the home and you refuse him/her entrance to the home, the local police department may enforce his/her ability to return to the home, unless there is an Order for Exclusive Occupancy or a Personal Protection Order which forbids him/her from coming to the home.

My spouse has left the marital home, do I have to let him/her visit with the kids?
If there is no court order regarding custody or parenting time (visitation), then both of you technically have custody of the children and if he/she asks the police to enforce his right to spend time with the children, they will generally back him/her up. Remember that one of the ‘best interest of the child factors’ is: “The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.” If you fail to encourage parenting time with the other parent, it may be used against you at a later date. Obviously, there are some situations where it would be appropriate to go to court to ask for a restriction on parenting time, but without a court order you should speak with an attorney before withholding parenting time from your spouse or ex spouse.

My children’s mother/father has not paid child support in a while, can I withhold parenting time?
The simple answer is, NO. As far as the court is concerned, child support and parenting time are two separate issues. If your children’s mother/father fails to pay child support, she/he can be held in contempt of court, or may even be charged with a crime. If you fail to provide the scheduled parenting time, you too can be held in contempt of court. If you fail to encourage parenting time with the other parent, it may be used against you at a later date.

Can my spouse and I share an attorney?
No.  There is no way for one attorney to represent both you and your spouse.  Basically, if only one attorney is hired, that attorney can represent only one of you, while the other party would remain unrepresented. Ethically, an attorney should not represent both parties, as it would be a conflict of interest. So be aware, if there is only one attorney, that attorney is representing only the party who hired him/her.

My spouse is cheating on me, can I get a divorce?
Washington “No Fault Divorce” State.  This means that you are not required to allege or prove anything in order to receive a divorce. It also means that if one party requests a divorce, it will be granted, regardless of whether or not the other party wants to get divorced. Your spouse cannot keep you from getting a divorce, although he/she can make it very difficult and time consuming. Keep in mind that although an allegation of fault is not required in order to obtain a divorce, fault still may be an issue in a divorce with respect to the division of property, spousal support and custody.

If I don’t sign anything, my spouse can’t get a divorce. Right?
Wrong.  If your spouse has properly filed a Summons and a Petitionfor Divorce, and you have been properly served, you must respond.  If you choose to do nothing, your spouse can receive a Default Judgment of Divorce, awarding him/her everything he/she requests, by virtue of your failure to respond to the Court in writing. See our Divorce page for more details.

My friend told me that there is no spousal support/maintenance (alimony) in Washington State, is that correct?
This is not correct.  Alimony is still alive and well in Washington. In Washington, alimony is referred to as “Spousal Maintenance". There are several factors involved in determining if and for how long spousal support should be awarded. Spousal support is not awarded in every case, and is only awarded if it is requested and meets the proper factors.

How do I get a legal separation?
In the state of Washington, you can file for a legal separation by filing a petition with the court requesting a legal separation.

If I leave the house, can my spouse charge me with abandonment?
A divorce case is not a criminal proceeding, therefore you cannot be “charged” with anything. If you leave your children and disappear, however, you will be at a significant disadvantage when it comes to determining primary custody.  Additionally, there are certain other things you need to know if you are considering leaving the martial home during the proceedings:
    1. If you leave the house for the short period of time during the pendency of the divorce proceeding, you will not lose your share of the equity in the house.

    2. You may be placing yourself in a position where all your personal items that you leave at the home somehow “disappear” or are destroyed.

    3. If you leave the home, your spouse may file a Motion for Temporary Orders stating that only he/she is entitled to stay in the home during the divorce proceedings, and that you cannot return to the home except to collect your personal belongings.

    4. If you leave the home during the pendency of the divorce, the court may still require you to pay part of the household bills during the divorce.

    5. If you leave the home during the pendency of the divorce, it will be more difficult for you to try and have the home to be awarded to you in the final orders.

We have only been married a month, can I get an annulment?
In Washington, a legal annulment is not based upon the length of time you have been married.  Here is what Washington State Law says with regard to reasons for obtaining an annulment.  The marriage or domestic partnership should not have been contracted because of age of one or both of the parties, lack of required parental or court approval, a prior undissolved marriage of one or both of the parties, a prior domestic partnership of one or both parties that has not been terminated or dissolved, reasons of consanguinity, or because a party lacked capacity to consent to the marriage or domestic partnership, either because of mental incapacity or because of the influence of alcohol or other incapacitating substances, or because a party was induced to enter into the marriage or domestic partnership by force or duress, or by fraud involving the essentials of marriage or domestic partnership, and that the parties have not ratified their marriage or domestic partnership by voluntarily cohabiting after attaining the age of consent, or after attaining capacity to consent, or after cessation of the force or duress or discovery of the fraud, shall declare the marriage or domestic partnership invalid as of the date it was purportedly contracted;

My spouse has left the home, do I have to let him back in?
Generally, if there is no court order stating otherwise, and your spouse has only been gone a short time, the police will enforce his/her right to return to the home. Once you file for divorce, it may be possible to receive an order for exclusive occupancy under certain circumstances such as him having left the home or due to domestic violence issues. If you have been a victim of violence from your spouse or he/she has made violent threats, it may be possible to receive am Order for Protection from the court without filing for divorce. This type of order may include a provision that he/she is prohibited from appearing where you live.

How old before my child can choose who he/she lives with?
Contrary to popular belief, in Washington State the child must be an adult, age 18, before he/she can decide with whom they will live.

After the divorce, can the children and I move?
There are specific statutes in Washington that require a Petition for Relocation to filed prior to your moving.

What should I wear to Court?
The Court does not require you to dress in a suit or a dress. In general, "business casual" is best. Do not wear jeans, shorts, t-shirts or a baseball hat. Your attorney will advise you if you should dress any differently then stated here. Many Courts are now banning cell phones that can take pictures. If you do bring your pager or cell phone to Court, make sure you turn it off or put it on vibrate. Lastly, you are prohibited from bringing any thing that may be considered a weapon into the courthouse. Among the more obvious items, this also includes Swiss Army knives, scissors and perfume spray bottles. If you bring prohibited items, you will be required to either dispose of them, or return them to your vehicle.

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