Every person has the right to make a mistake, right? However, errors can be completely various. This could be a randomly broken vase due to inattention, a lost telephone, a common phrase towards the friends. This list can be continued for a very long time. Mistakes can be utterly insignificant, and not carry any consequences and vice versa.
The results of errors are not always predictable, but this does not mean that the person who made this mistake does not have the right to understanding and support. Precisely for this purpose, the Washington government created a series of laws, according to which everyone has individual rights, in case the consequences of the mistake committed led to the divorcement proceedings.
What conditions in Washington state are required by divorce laws? What can each spouse claim, as well as what are the main rules that should be followed during the divorce proceedings? Answers to these questions can be found in this article.
Divorce. What is Needed to Break the Marriage?
The law of Washington spelled out some conditions that will be put forward to the spouse who wants to apply for registration of divorce. The spouse must review the list of requirements before applying and determine whether he/she has the right to file for divorce in Washington state.
The spouse has the right to file for divorce if:
He or she is a state citizen and lives in Washington with the second spouse. Either is a soldier, whose headquarters for the time of service is located in the territory of Washington. The term of service in the state must be at least 90 days before the date of application.
The spouse is sure that the restoration of the marriage relationship is not possible and is categorically opposed to the continuation of the registration of the link.
The spouse has a registered or civil marriage with a third party. Washington law does not provide for legal polygamy.
Important to know: The court accepts the application for consideration only if all the documents and forms are filled per the rules.
Consent to a Divorce. Does it Necessary and What to do if One of the Spouses is Against Divorcement?
In the divorcement provisions of the law in Washington state tells that consent to divorce from the other spouse is not required. This means that the spouse has the right to apply to the court with a written application independently and register a petition for divorce.
A spouse who receives a notice of divorce is only entitled to put forward disputed issues according to the following questions:
Separation of joint property, business, cash savings, shares. The spouse can express their wishes and objections with the provision of evidence of why the court should decide in his/her favor. (The underlying condition for divorce without claims is that the common property is divided equally between the spouses).
Definition of guardianship. Washington’s divorce laws provide for the determination of custody issues according to the interests of the child. The court has no right to make decisions based on the gender of the parents and the child.
Monetary support of a spouse or child, who will live with a guardian.
Schedule visits and communication with the child.
The divorce process can be initiated based on the desire of only one party. The only necessary condition is the obligation to notify the other spouse (in writing method) about the beginning of the divorce proceedings.
Particular Qualities of Legal Separation
In family life, a situation where the continuation of coexistence is no longer acceptable may arise, but for specific reasons, the spouses do not want to file for divorce. The laws of Washington provide for this possibility. Legal separation is a way to terminate a relationship legally, but without interrupting marriage.
The judge considers an application for separation the same way as in the case of a statement on the termination of the marriage. The court also resolves relevant questions about custody of children in common, the need for alimony payments, as well as the division of joint property.
Distinctive factors include the following:
Registration of divorcement is not provided. This means that, in fact, according to the documents, the spouses are still officially married, but under special conditions.
Spouses don’t have the right to remarry a third party. Under the action of a legal separation, spouses cannot formalize relations with other people until the moment of re-issuing the gap into a divorcement.
Spouses cannot claim government benefits. Since the dissolution of the marriage was not officially registered, and the legal separation is not a weighty argument for the Social Security Administration. Payments are not possible until the registration of the divorcement.
A legal separation is a good option for couples who have entered into a union before God because many religions do not recognize divorcement. This type of termination is possible only if both spouses agree.
According to the requirement of one of the spouses, the legal separation can be terminated and reissued to begin the divorcement process. The period for the renewal of documents and the start of a divorcement is six months from the date of registration of the legal separation.
What Does it Mean When The Marriage is Recognized Invalid
Each spouse has the right to apply for annulment of marriage. This means that with a favorable decision of the court, the wedding will be considered non-existent.
The court may decide according to the annulment of the marriage if:
- The incompetence of one of the spouses will be proven;
- One spouse is married to several persons;
- The age of one of the spouses is under 18;
- There is evidence of close blood bound between the spouses;
At the time of marriage, one of the spouses was intoxicated with alcohol or drugs or had mental disorders.
An essential condition for the cancellation of marriage is the following points:
- Both spouses are alive;
- The existence of evidence on issues with which the couple went to court to annul the marriage;
- The spouse must be residents of the state or must be in military service in the country.
What Provisions a Decree on Divorcement Provides
At the end of the trial, the court is obliged to give each spouse the original decree which confirms the termination of the marriage bond. This regulation includes the following:
A decision on the division of property. The order spelled out the property of the spouses;
Changing the last name. If during the divorcement proceedings the spouse has decided to return her former last name, it will be indicated in the decree;
Amount of alimony payments. The decree prescribes the amount and regularity of fees that the spouse will have to make the guardian of their joint child;
Guardianship provisions. The order will also provide for the duties of each spouse, which were determined during the trial and recorded in the plan for upbringing a joint child.
Divorce Without a Lawyer – Is It Possible?
Washington’s divorcement laws provide for two types of protection in court. If the spouse is confident in his or her abilities and knowledge, then he/she has the full right to speak in court on own behalf. However, the requirements for the spouse, in this case, will be the same as for the experienced law practitioner.
The second option is the opportunity to hire a personal lawyer who will assume the responsibility for the defense in court. In this case, the lawyer understands the blame for all paperwork, namely registration of all papers for filing a petition for divorcement, notifying the second spouse of intentions to begin the divorcement proceedings. The lawyer also has the right to communicate with the former spouse on behalf of the second spouse, in case if the client does not want to see his/her former partner.
If the spouse is not able to pay not cheap lawyer bills, he/she is entitled to a practicing lawyer from the legal aid clinic. The services of such a lawyer are much less than private lawyers, but this does not mean that this service is worse. A lawyer from a legal clinic provides the same services, only for less cost. However, such lawyers can take only a limited number of cases, so finding a free lawyer becomes a problem and the waiting can take quite a long time.
Washington state divorcement laws provide for a variety of provisions in general, as well as unforeseen situations that may arise during the divorcement proceedings. The process itself will depend on the possibility of the spouses to be more favorable and tolerant to the second spouse. It is essential to understand that stirring up conflict will not help to resolve the issue; it only delays the process itself for an indefinite period. In the history of divorces, there is information about divorcement which lasted several years.
Amazing. In this case, if the spouses fail to temper their ardor, you need to think about your budget, which you have to spend. Are you ready to pay for your dispute, or is it better to save this money for your pleasure? Try to mind rationally. It will be calmer for your soul and wallet as well.