Washington Divorce Laws- Frequently Asked Questions |
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| 1. Is it compulsory to prove a fault to get a Washington divorce?
No, Washington is a no-fault state which means that there is no need to prove anyone's fault to get a Washington divorce. The only thing you need to prove is, the irreconcilable differences between you and your spouse. |
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2. Will the court consider behavior of my spouse when deciding child custody issue?
Yes, the court will definitely look into the behavior of both the spouses before declaring the child custody. According to Washington divorce laws, the behavior of parents towards the child is the main object that must be considered. |
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| 3. Is there any Washington divorce law that state that a boy will go in father's custody?
Washington divorce laws clearly say that child custody issue will be decided according to the child's interest. The divorce court does not decide the custody issue on the basis of child's gender. The only point worth pondering is the good of child in question. |
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4. Is mother given preference when it comes to deciding child custody of minors (ren)?
In the past, according to Washington divorce laws, the custody of young children (maximum eight years) was automatically awarded to the mothers. The only way to prevent this was to prove that the mother was unfit and thus unable to take care of the child.
Now, the tender year doctrine has been eliminated in the Washington divorce laws, by the introduction of "best interest of child" standard, in which no custody is declared according to the age factor.
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| 5. How does a Washington divorce court figure out child support amount?
Under Washington divorce laws, the court considers gross income of the non-custodial spouse and places a percentage to it that must be paid every month to the other spouse for child support. The other things that court considers are the living standards, medical and educational facilities etc. |
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6. What are the dictates of Washington divorce law when it comes to property distribution?
Property division is the major issue in a divorce. In Washington, the property is divided in accordance with the equitable distribution method. |
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7. What is spousal support?
Spousal support is the name given to financial help provided by one spouse to other. Alimony and maintenance are also known as spousal support. Alimony might be in terms of payments, transfer of money or assets. |
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| 8. Are there any grounds for spousal support?
According to Washington divorce laws, the first and the most common ground is that you must be getting a divorce or living separate. There are other requirements also which are contract and need. |
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| 9. How much important is given to the timing in filing a divorce?
The person who first files a divorce is a plaintiff or petitioner, while the other party is called defendant or respondent. Filing a divorce first does not affect a divorce court's decision. However the person who files a divorce gets more options and reaction time than the other one. |
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| 10. Can we both hire the services of the same divorce attorney?
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