This guide briefly outlines the procedures of the legal processes following in a dissolution action in Washington State. It is not intended to replace formal legal advice you may receive from an attorney. There is often a great deal of misunderstanding about the purpose of a Petition for Dissolution
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The Dissolution Process
The Petition, in and of itself, does not do anything other than outline and give notice to your spouse and the court of the issues that you wish the court to address. It will not automatically result in a divorce decree and can be written either specifically or generally. Sometimes, the attorney may elect to write a very general Petition so as to cover basic subject areas without getting into detail that may cause the other party to respond, thereby creating a more expensive process. Alternatively, the attorney may elect to make a much more detailed distribution of assets, debts and other issues existing between the parties. There are reasons for both and if you have any questions, you should feel free to ask why one method is selected over the other.
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A Decree Can Only Be Obtained After
a. An Order of Default is entered against a party who has failed to respond to service of the Summons; or
b. The parties reach an agreement and sign the final papers; or
c. The parties go to trial where a Judge makes a ruling and enters a Decree. A Judge’s ruling is often much less detailed or thought-out than an agreement between the parties. A trial is a disadvantage to both parties, but it’s inevitable if a negotiated settlement is not reached.
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The 90-Day Waiting Period
There is a minimum 90-day waiting period which must elapse before your Decree of Dissolution can be entered and your marriage dissolved. This time period is measured from the date the Summons is served on the other party. You will not automatically be divorced on the 91st day. Before any Decree can be entered, either the parties must reach an agreement and sign papers, an Order of Default must be entered, or the parties must go to trial and have a Judge decide the issues. The 90-day waiting period cannot be waived by agreement. Finalizing the divorce may require your presence in Court with your attorney, even if it is by agreement. There are some procedures that may be utilized to avoid appearing, in court in some cases. Your attorney will advise you if you need to appear in court in order to get your case finalized.
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Preliminary Relief: Temporary Orders
While your case is pending, you may request temporary relief from the Court such as a parenting plan, child support, spousal maintenance, possession and use of the family home, restraining orders, and attorney’s fees. Temporary restraining orders may include restraints against transferring, encumbering, concealing or disposing of assets, molesting or disturbing the peace of the other party or the children; entering the residence of the other party; removing the children from the jurisdiction of the Court; and incurring any community debts. All of these temporary measures are often referred to as Temporary Orders and they are designed to cover the period from the filing of the Motion for Temporary Orders until the Court either enters subsequent orders or a final Decree is entered. Temporary Orders will be in effect during the 90-day waiting period.
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Spousal Maintenance
Maintenance (also called alimony) may be ordered where there is a real need for it on the part of one party and the ability to pay on the part of the other. Marital misconduct is not considered in settling maintenance. Maintenance is sometimes awarded temporarily pending trial, but the court is usually reluctant to award post-divorce maintenance except under appropriate circumstances. The law requires a Court to consider the following factors in determining whether to award maintenance: Length of the marriage; Education level of the parties; Employment histories of the parties; Age of the parties; Physical and emotional condition of the parties; Whether or not the party seeking maintenance is also receiving child support; and The Standard of living established during the marriage.
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