A. The law only requires that a minimum of 90 days expire after the filing and service of a petition for divorce. In King County, cases may be pending for approximately one year if the parties cannot agree and a trial is necessary.
A. Absolutely not. Judges will all tell you that the decision is either made by the parents by agreement or the court.
Q. Since Washington is a “Community Property” state, does that mean my spouse and I each get 50% of our property and debt?
A. No! Our divorce law sites that property should be divided equitably, which means fairly. Judges can and do frequently divide property and debt disproportionately so that the party with less income gets more than 50% of the property and less than 50% of the debit.
A. Generally, if each of you were earning the same amount of income, each of you would pay your own fees and costs. When one party has much more income than the other, judges may require the higher earner to pay a portion of the other spouse’s attorney’s fees.
A. The duration of the obligation is usually based on the length of marriage and is rarely granted in short-term marriages. Spousal maintenance will NOT be granted if the parties have never been married.
A. Washington law allows courts to require contribution by the parties and child toward college expenses. Courts will require parents to pay a portion of the child’s tuition, room, board and books based on the relative earnings of each party. The maximum amount is the usually the cost for a Washington resident at a public institution such as the UW, WSU, CWU etc. and not beyond age 23.
A. No. Over and above basic child support, the law requires each party to pay his/her proportionate share of day care and uninsured health care expenses. Sometimes judges will require the parties to pay proportionate shares of extracurricular activities like select soccer and other youth sports with substantial fees and costs.
A. The party receiving child support may opt to let his/her spouse pay directly to them or have the Department of Child Support collect it through a wage assignment.
A. No. Your spouse can refuse to settle and hold out until a trial, but the trial judge will terminate the marriage regardless of your spouse’s objection.
A. The amount of spousal maintenance is based on several factors including (but not limited to) the financial resources of the party seeking maintenance, including the property to be awarded; the ability of the party seeking maintenance to be self-sufficient without assistance, including the receipt of child support; the time and education needed by the party seeking maintenance to become self-sufficient; the standard of living established during the marriage; the duration of the marriage; the age, physical and emotional condition and financial obligations of the spouse seeking maintenance; and the ability of the spouse from whom maintenance is sought to meet his own needs and obligations while paying maintenance.
A. Under the statute, child support can be adjusted every two years. Child support can also be modified one year after the current order if there is a substantial change of circumstances since the current order was entered. Child support can also be modified under one year without showing a substantial change of circumstances if certain conditions are met. Contact our firm to determine if you are eligible for an adjustment or modification.