A separating couple may opt for a legal separation instead of a dissolution of marriage for religious, insurance, tax or immigration reasons. An action for a legal separation is almost identical to an action for dissolution. A final decree of legal separation can be converted to a decree of dissolution six months after entry if requested by one of the parties.

In Washington, cohabitating parties who are separating have legal rights similar to married couples when it comes to dividing their property.

Child support in Washington state is calculated according to a statutory formula. The court may deviate from this formula if it is warranted under a family’s circumstances, such as more time with one parent (and thus, increased costs) or children from other relationships. Need and income often change over time. To account for these changes, we may be able to help obtain child support or modify a current child support order.

The court has discretion to award maintenance to one of the spouses in order to support the spouse until he or she can become financially independent. During this process, the court will consider the following: standard of living during the marriage; duration of the marriage; requesting spouse’s need and other spouse’s ability to pay; age, physical, and emotional conditions of both parties; and the time and education needed for the requesting spouse to become self-supporting.

Parenting plans provide details regarding the children’s residential schedule and major decisions about their care. Parenting plans may be modified if there is a substantial change in circumstances and the modification is in the best interests of the child.

Paternity can be established by presumption (marriage near the time of conception), a paternity affidavit signed by the mother and the father, adoption, or court order.

Child support orders, CR2A agreements, and residential provisions in parenting plans are all enforceable. A parent who has violated the residential provisions of a parenting plan may be found in contempt of court or be guilty of custodial interference.

Relocation of a child is not allowed automatically. The person who has the majority of residential time with the child must provide notice of the relocation and the opportunity to object all parties entitled court-ordered time with the child.

Before marrying or cohabitating, parties can agree on how to divide their assets and liabilities. These agreements will only be enforceable if they are fair and reasonable. The agreements should be made with full disclosure on both sides, and entered into them knowingly and voluntarily.