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Is Divorce the same thing as Dissolution of Marriage?
Yes, it is the term used in Washington Law.
What is a Legal Separation?
A legal separation differs from a divorce only in that the marriage is not dissolved. In a legal separation property and debts are allocated to the respective parties, post separation debt belongs only to the party who incurs it. If there are children the court orders a parenting plan and child support. A legal separation is useful for people who may want to continue to reconcile the marriage, but are not living together anymore. A legal separation can be converted into a dissolution of the marriage or can be overturned if the parties reconcile.
Can't I do my own divorce?
Everyone is free to represent him/herself in court on any matter. However, a person doing so is held to the same standard as an attorney. That means if you make mistakes, don't know the law, the court rules, etc. you have to live with the consequences. Since divorce involves where the children will live, who makes decisions about them, what is covered by child support and how all the assets and debts are allocated, mistakes made as a result of ignorance of the applicable law and rules can be very costly both in human and in economic terms. Especially if children are involved it is always advisable to retain counsel.
What if my spouse and I are in agreement the divorce?
If the two of you were in agreement in a meaningful sense of that word, you would not be getting a divorce. People often agree on how to divide property, but don't know all that is involved in the legal definition of assets to be divided. This is even more true when it comes to dividing the time with children between parents. Even if you have general agreement, it is advisable to seek legal counsel, just to make sure that the documents you have drafted cover everything. Once a divorce is final, it is very difficult and expensive to make any changes. It is cheaper and easier to do it right the first time.
Does it matter who files the petition?
The short answer is no. There are no legal advantages. However, there is often a psychological advantage for the person taking the first step.
What issues must be addressed in a dissolution?
Before a decree of dissolution can be entered (that's what actually divorces you), the court must divide all assests and debts, provide for child support and a parenting plan if there are children. Even if all of this is agreed by the parties, the details must be presented to the court.
How can I assure that my spouse pays child support right away?
A motion for temporary orders can be filed as soon as a petition for dissolution is filed. The motion can address child support, a parenting plan (when the child is with which parent), who gets to live in the family residence and who has to pay what bills.
Who gets or has to pay maintenance (alimony)?
In Washington, maintenance is provided where the party who requests it can show that he/she has a need for it and the other party has the ability to pay. Usually maintenance is ordered for a limited time. Maintenance is the exception, not the rule. Generally both parties will be expected to work to support themselves, unless there are extenuating circumstances (an infant at home, a disability preventing the party from working or a very long term marriage where one party has been out of the workworce for a very long time or has never worked).
What if a parent has a drug/alcohol problems, domestic violence issues, child abuse issues, mental health issues?
All of these problems come before the court all the time. In the context of a divorce, the standard is the best interest of the child, as defined by law, not terminating a parent's right to the child. If you or your spouse have any of the above issues, the court will likely appoint a person to evaluate the situation and make recommendations about what would be best for the children. A court can also order a parent to participate in evaluation and treatment in order to be in an appropriate position to care for a child for whatever time the child is with that parent. It is the court's duty to protect the child's well being. Therefore, the court will provide for whatever is necessary to keep the child physically and emotionally safe when the child is with a parent with the above impairments.
How long does it take to get a divorce?
Washington requires a ninety day waiting period from the date of filing to the final decree. That means all issues involving assets, debts and children must be agreed upon by that time. If the parties do not agree, a trial date is set at which the issues are tried by a judge. Most divorces involving children take longer than the 90 days. However, most divorces with and without children, settle before trial as a result of negotiations and/or mediation. In my practice very few cases end up in trial.
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