Table of Contents
The answers provided below are general answers. If any of the questions relate to a problem you have, call an attorney for a consultation.
- How LONG Does it Take to Get a Divorce?
- What is a Legal SEPARATION?
- How Much CHILD SUPPORT Will I Receive or Pay?
- What does COMMUNITY PROPERTY mean?
- How can I change the RESIDENTIAL SCHEDULE for my child?
- What is MAINTENANCE?
- How much does legal representation COST?
- Who gets CUSTODY of my kids?
How LONG Does it Take to Get a Divorce?
In the State of Washington, there is a mandatory waiting period of 90 days between the time you request a divorce and the time you may obtain one. This means that it takes a minimum of 90 days to obtain a divorce. However, it can take much longer. Your divorce will be resolved in one of two ways.
The first and most common way is known as "settlement." A "settlement" occurs when you and your spouse are able to reach an agreement, often through extensive negotiation, as to how to resolve the issues of your marriage. Most divorces are resolved through settlement. If you are able to reach such an agreement within 90 days, your divorce may be resolved on the 91st day. However, sometimes it takes longer than 90 days to reach an agreement. This can result in a longer delay before resolution of your
divorce.
The second method by which divorces are resolved is through trial. In a trial, a judge decides the issues of your dissolution. Usually, trials are scheduled for between 10 and 12 months after the time you request your dissolution. Thus, an average divorce can take as little as 90 days to resolve or as long as 12 months. Most are resolved at some point in between these two extremes.
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What is a Legal SEPARATION?
A "Legal Separation" may be obtained by applying for a decree of legal separation. A legal separation is like a divorce in that all of the same issues must be resolved including the division of property and liabilities, the provision for support of children, and the establishment of a residential schedule for children. Because it involves all of the same complicated issues as a divorce, it takes just as long to complete. The main difference is that once a decree of legal separation is obtained, you and your spouse are still legally married. While financially separate, neither you nor your spouse can remarry without applying for a divorce.
People choose to pursue legal separations for a variety of reasons. Some people have religious objections to divorce. Others hope to retain important benefits such as health
insurance or social security by retaining their married status. Whether a legal separation is the right decision for you depends on your own personal and financial goals.
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How Much CHILD SUPPORT Will I Receive or Pay?
In the State of Washington, the amount of child support is based on you and your
spouse's combined net monthly incomes, the number of children of your relationship, and their ages. The more the parents' earn and the more children they have, the more child support will be paid. Child support is relatively easy to calculate provided that both parent's incomes are easily determined. An attorney should be able to provide you a rough estimate in a matter of minutes. However, child support calculations can be complicated by factors such as self-employment, overtime income, and shared
residential schedules. In order to resolve these more complicated issues, it is best to consult directly with an experienced attorney.
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What does COMMUNITY PROPERTY mean?
Washington is a community property state. This means that all property acquired during a marriage is jointly owned by the spouses. The only exceptions are property that is acquired by gifts, by inheritance, or increases in value of property owned prior to marriage. Community property does not necessarily mean 50/50 ownership, however. Property divisions pursuant to divorce do not need to be equal as long as they are fair.
Fairness can require that a spouse with a much lower earning capacity receive a greater than 50% share of the community property of the marriage.
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How can I change the RESIDENTIAL SCHEDULE for my child?
For parents who are already divorced and already have a residential schedule for their child, a frequent question is how do I change custody or visitation? As children grow older, their needs and desires may change such that a residential schedule which once worked well no longer does so. Parents also can change and these changes can have an impact on children. A once effective parent can have problems with drugs, alcohol or other issues which raise concerns about the safety of a child. Generally, a child's residential schedule can always be modified by agreement of the parents.
Where agreement is not possible, modification is only possible in limited circumstances. A parent seeking a modification must be able to show that there has been a significant change in the parents' or the child's circumstances since the time of the previous court order which justifies a change. A parent must also frequently show that the current
residential schedule is actively detrimental to a child. Courts are reluctant to change a child's residential schedule without very good reasons so a parent should consider carefully prior to trying to modify their child's custody or visitation arrangements. It is best to consult with an attorney and find out whether modification is even possible in your case before taking any significant legal steps. There are few things worse than spending significant amounts of money and creating conflict only to have your case dismissed by the court.
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What is MAINTENANCE?
In Washington, spousal support or alimony is known as "maintenance." Whether maintenance is appropriate in a given marriage depends on the relative earnings of the parties, the length of the marriage, and other factors. Generally maintenance is awarded in longer term marriages where the spouse's have a significant difference in earnings. The amount and length of the award varies widely depending on your particular circumstances.
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How much does legal representation COST?
It can be very difficult to predict the expense of a divorce or other family law matters. Where matters have already been resolved through agreement and there is little conflict, a dissolution can be relatively inexpensive. However, where issues such as custody or property division are disputed, a divorce can be costly. Most attorneys require substantial retainers to handle such cases of between $2,000 and $5,000 depending on the circumstances. Further, you should always keep in mind that it only takes one person to make things expensive. Even if you try to keep your costs as low, your spouse may have a different approach which leads to increased costs for both sides.
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Who gets CUSTODY of my kids?
In Washington state, the residential schedule for children is based on the "best interests
of the child." In order to determine what is in a child's best interests, the courts consider many factors. The most important factor is who has historically acted as the child's primary care provider. The goal is to maintain the existing pattern of interaction between parents and children as much as possible given the change in the parents' living situation. Thus, if one parent has stayed at home full time with the children, that parent will usually be given more time with the children unless other factors control. Courts also consider the desires of the parents, the desires of the children, the work schedules of the parents, and the ability of the parents to effectively care for and supervise the children. A parent who has a problem with substance abuse or domestic violence will often be required to address these problems by the court in connection with their residential time with the children.
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