Washington Divorce Questions

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A married couple might think about getting divorced for several different reasons. It is essential that the person who wants to file a divorce must know the grounds of divorce applicable in the state. Along with the grounds of divorce there are several other factors that one needs to know about. It is essential that the person thinking about getting divorced knows the residency requirements, waiting period specified as per the law, the venue etc. The Washington divorce questions mentioned here would prove to be helpful to understand the legal procedures of this state.

Washington Divorce Questions and their appropriate answers are listed below:

Q. Explain some of the basic terms pertaining to Washington Divorce Procedure?

A. The divorcing partner who files the divorce papers is named as the Petitioner. The spouse of the Petitioner is referred to as the Respondent. The Petitioner files a document named as a Petition for Dissolution of Marriage. This is the first document in the procedure and is used to initiate the process. The Decree of Dissolution of Marriage is the document that is used to grant the divorce.

Q. Does the laws specify any waiting period in this state?

A. The waiting period begins from the date the petition was filed and served upon the Respondent. The waiting period is of minimum 90 days. After the completion of the waiting period, the Court is free to enter the Judgment of Dissolution of Marriage.

Q. How to select the venue for filing the divorce case?

A. The county in which either divorcing partner resides is selected. The Family Court or the Superior Court in the county is chosen as the venue for filing the divorce case.

Q. In Washington, what are the specified residency requirements for filing a divorce?

A. Prior to filing the petition, it must be confirmed that the following residency requirements are fulfilled:

  • The Plaintiff is a resident of this state, or
  • The Plaintiff is a member of the armed forces and must be stationed in this state, or
  • The Plaintiff must be married to a person who is a resident of Washington or to a person who is a member of armed forces and is stationed in this state

Q. In a Washington divorce, is it mandatory that a fault must be proved?

A. Washington is a no fault state. It is not compulsory that any fault of a divorcing partner must be proved to get end of legal marriage. It is sufficient if irreconcilable differences are proved between the divorcing partners.

Q. While solving the issue of child custody, which is the major factor considered by the court?

A. The major factor that must be considered is the demeanor of the parent towards the child.

Q. Is it true that mothers are preferred regarding the issue of child custody?

A. Consider minor children less than 8 years old. In the past, mothers were automatically awarded the custody of such minors. However, if it was proved that the mother was unfit and consequently not capable of caring the child, such custody could not be awarded. In the recent past, the Washington laws revoked the above mentioned tender year doctrine. The best interest of child standard was introduced. As per this standard, custody could not be awarded on the basis of age factor.

Q. How is the child support amount calculated by the court?

A. The gross income of the non-custodial divorcing parent is found out. The court specifies a percentage of the gross income that must be paid to the custodial parent for child support.

Q. What is the duration that the divorcing partners should be legally divorced for before filing for divorce in this state?

A. There is no specific divorce time required before one files for divorce in this state.

Q. Is it possible for the divorcing partners to get temporary support during the waiting period?

A. It is possible to get temporary support for children and the spouse who is in need of support. To get temporary support one needs to file a petition in the court.

Q. In Washington can the wife restore her maiden name after the divorce?

A. Yes,

The Washington divorce questions and the answers of these questions will help you in understanding the legal aspects in simple and easy to understand format. By reading the questions and answers list mentioned here will prove to be a guideline to you.

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