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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