Washington Family Law
Washington laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.
| 1.State statute | Revised Code of Washington Title 26 - DOMESTIC RELATIONS |
| 2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. | No-fault |
| 3. Equitable distribution or community property | Community Property |
| a. Methods of apportionment | |
| i. Periera and Van Camp in CA | Van Camp |
| b. Property distribution factors | Washington State RCW 26.09.080 |
| 4. Legal separation? | yes, Washington RCW 26.09.070 |
| a. Waiting period/Separation period | 90 days |
| 5. Is mediation required | Not mandatory - Washington State RCW 26.09.015 |
| 6. Forms used | Washington State Court Forms - Divorce |
| 7. Alimony guidelines and factors | Washington State RCW 26.09.090 |
| Alimony formula | None |
| a. Types | Rehabilitative, Permanent? |
| b. Term Limits | General guideline but not the law: Long-term marriages (25 years or longer): permanent maintenance per the 2007 case Marriage of Rockwell. For marriages with a duration of less than 25 years, for every three years of marriage, a spouse will receive one year of maintenance. This is very facts and circumstances specific, particularly depending on age of parties and distribution of community property assets. |
| Cohabitation | "Decree may be modified upon showing of substantial change in circumstances; obligation to pay terminates upon remarriage of recipient or registration of a new domestic partnership of the party receiving maintenance WA ST 26.09.170" |
| c. Imputing income | Washington State RCW 26.19.071 |
| d. Change in circumstances | Washington State RCW 26.09.170 |
| e. Ceases on retirement | |
| Impute income on early retirement | |
| Early retirement for health reasons is involuntary | |
| f. Definition of income | Washington State RCW 26.19.071 |
| 8. Child support factors and guidelines | Washington State Child Support Schedule |
| 9. Child support calculator | Washington State Child Support Calculator |
| 10. Lump Sum Support allowed? | Yes |
| 11. Valuation | |
| a. Valuation date | Divorce |
| b. Goodwill divisibility | All goodwill is divisible - In re Marriage of Lukens, 16 Wn. App. 481, 483, 558 P.2d 279 (1976) |
| c. Standard of value | Investment value |
| d. Discounts | Discount for lack of control may be allowed based on facts and circumstances. |
| e. Shareholder/partner agreements | Should be considered - Suther v. Suther, 28 Wash. App. 838, 627 P.2d 110 (1981) |
| 12. Double dip | "Impermissable double dip - In the Matter of the Marriage of Bruce Arnold Porter and Fanny Porter, No, 57646- 1-I, Division One, Unpublished Opinion, Filed May 21, 2007" |
| a. Stock options | |
| b. Retirement accounts | |
| c. Child support | |
| 13. Key cases | |
| 14. Premarital agreements | Rarely declared invalid |
| 15. Common law | No |
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