Family Law News

The Waiting Period For Dissolution Of Marriage In Washington State Is Three Months

The waiting period for a dissolution of marriage in Washington state is three months. This means the summons and petition must be filed with the court and served upon the other spouse for more than 90 days before the judge signs the decree. This is a minimum period and is intended to allow time for a reconciliation between parties. The process could take much longer if any aspect of a dissolution is contested and the parties have difficulty reaching an agreement.

During the waiting period, temporary orders may be issued that provide a temporary parenting plan for minor children, provide protection or support money, or otherwise control the conduct of the parties. Property settlement may be negotiated during this period or may, in fact, be arranged before filing the petition for dissolution.

Name Change

At the wife's request, her maiden name or a former name can be restored as part of the dissolution decree. The request should be included in the petition.

Parenting Plan

Washington law requires a parenting plan in any proceeding for annulment, legal separation or marital dissolution where minor children are involved. The terms "child custody" and "visitation" are no longer used in Washington dissolution law. Instead, the parents by agreement (or the court in the event of a dispute) must develop a parenting plan.

The parents may make an agreed parenting plan, or each parent may propose opposing plans. The court considers the best interests of the children in determining how to provide for the children. Every parenting plan must contain at least the following elements: a schedule for residential care;
allocation of responsibility for parental decision making; and provisions for the resolution of future disputes between the parents with respect to parenting decisions.

The law includes provisions for the protection of children from parental abuse or neglect, from continued exposure to domestic violence, from the abusive use of parental conflict, and from other types of conduct which the court finds to be adverse to the child's best interests

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	Did You Know?
	You may be able to leave your pension to your spouse or child. In general, if you are married, your spouse is entitled to a portion of your pension if you die first. There is some cost to that, however, that usually serves to reduce the monthly retirement payments you would have received if the benefits were to be paid just during your lifetime. If you and your spouse agree, you can waive this survivor benefit protection, and/or sometimes name some other person(s) (such as a child) as your beneficiary. Consult with your family lawyer and review the plan summary carefully to find out your rights and responsibilities in this area.