Divorce Guide

Divorce Guide

Washington No Fault Divorce

Washington no fault divorce laws are based on the fact that none of the spouses need to state that the other spouse is at “fault” or has committed any “wrongdoing”. It is in fact a “purely no fault” state where the spouse filing for divorce just need to mention that the marriage has “irretrievably broken down” owing to “incompatibility” or “irreconcilable differences”. There are no other grounds on which the divorce can be granted in the state of Washington.

Residential requirements in Washington no fault divorce

In the state of Washington, there are no mandatory residential requirements. Anyone interested to get a divorce can file from this state. The waiting period of WA no fault divorce is 90 days, where the courts allow the spouses to reconcile and “cool down”. In case the matter of divorce persists, then the spouses would be given a hearing for divorce after the 90-day period is over.

If the divorce is uncontested and filed in Washington, then only spouse need to attend the court hearing after the period of 90 days is over. Contested divorce cases would naturally take longer as the court trial would be conducted looking at the calendar of the court and also the issues of dispute.

Alimony in Washington no fault divorce

According to WA no-fault divorce laws, alimony would be extended to the financially weaker spouse by the stronger one. This alimony can be paid as a lump sum or in installments and that is agreed upon by the other spouse in a written agreement. While awarding the amount of alimony, courts consider the age and health of the spouse who needs alimony, employability of that spouse, inflation rates in the market, the kind of lifestyle that spouse has been used to. Alimony is not granted as a “punishment”, but t support the spouse who is monetarily destabilized.

Property division in Washington no fault divorce

Washington is a community property state where the property acquired by the spouses during the course of the marriage is divided among the spouses equally. The splitting of the property is exactly 50/50.

Child custody in Washington no fault divorce

The matter of child custody is generally settled among the spouses. This is to avoid the trauma of custody battles that a child can face. Here the spouses try to draft a parenting plan or visitation schedule maybe using the help of a child custody mediator. The mediator can help them put aside their disputes and try to evolve the best custody strategy. Incase, the parents are unable to arrive at a consensus, then the courts may intervene. Judges try to settle the matter of child custody by following Washington child custody guidelines, keeping in mind the “best interests of the child”.

Child support is another important factor that the courts consider while awarding child custody. Child support in the state of Washington is calculated based on both the incomes of the parents and the needs to be extended till the child turns 18 years of age or if he/she has joined the armed forces or has married etc.

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