- How important is timing such as who files first for divorce?
The party who files first is listed as the "petitioner," the other
party participates in the divorce as the "respondent." Under Washington
law, the person to file first should receive no advantage. However,
the person filing first certainly has options that the other party
doesn't. For instance, the filing party can control when the first
court hearing will occur and has a great influence on what issues
will addressed. The filing party is the first to be able to request
"ex-parte" relief from the court and often has the option of where
the case where be litigated.
- Is it necessary to claim my spouse is at fault or make an allegation
of adultary or bad behavior against my spouse to get a divorce in
Washington?
No. Washington is considered a "no-fault" state. This means the
only general allegation that needs to be made is that there are
"irreconcilable differences" between you and your spouse, Usually,
no additional explanation is needed for the court.
- Is the amount of time each parent each parent spends with their
child effected by their conduct? Will the court just ignore the bad
behavior of my spouse in regard to the parenting plan?
The court will certainly consider the behavior of a party if it
effects the children. If the parenting plan is disputed, the court
will likely appoint a guardian to make a report to the court to
assist it in the court's decision. The court and the guardian will
certainly consider any actions of a spouse that negatively affects
the children.
- Is the division of property affected by the fault of a party?
The fault of the divorce is not supposed to affect the division
of property. However, if the party's behavior has negatively effected
the assets of the community or the children the court may consider
the information.
-- Law
Office of Erik Bjornson
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