How is child support determined?
In Washington, child support is set in accordance with the Washington State Child Support Schedule, which is found in the Revised Code of Washington ("RCW") Chapter 26.19. Support is set according to the income of both parties, the number of children, their ages and certain additional costs, such as daycare and health insurance premiums. The income of new spouses is not normally considered in the basic support calculation. Additional information on the topic may be found at the King County Prosecutor's Family Support Section web page: http://www.kingcounty.gov/prosecutor/childsupport.aspx or at http://www.divorcelawinfo.com/states/wash/washington.htm
How is maintenance determined?
Maintenance, which is sometimes referred to as alimony, is set according to the needs of the party requesting maintenance and the ability of the other party to pay. There is no 'formula' as with child support. The court will consider various factors, such as the length of the marriage, the financial resources of the parties, the earning capacities and the age, physical and emotional condition of the parties. The statute that governs maintenance is RCW 26.09.090.
What is community property?
The general rule in Washington is that all property acquired during the marriage is community property. Most often, this includes the wages and retirement benefits of both parties, regardless of whether one or both spouses work during the marriage. Exceptions to the community property rule include items or funds acquired by one spouse through inheritance or gift, or the increase in value on separate property owned by one spouse and kept separate during the marriage. Additional information on this topic can be found at http://www.divorcenet.com/index.html
What happens to assets I owned prior to the marriage?
Generally speaking, assets that were brought into the marriage are presumed to be separate property. There are exceptions to this rule, however. For example, in some cases separate assets are commingled with community property, which can defeat this presumption. This often occurs when parties jointly refinance a home that was owned by one of the parties prior to the marriage, or where the parties use community assets to pay off a loan on an asset that one party owned previously. There are many so-called 'gray areas' to be wary of and the facts of each case must be examined closely.
Who gets 'custody' of the children?
'Custody', or residential care, is determined according to the best interests of the children. Courts consider a number of factors, including whether one of the parents has historically performed the majority of parenting functions, the emotional and developmental needs of the children, the parties' employment schedules, the children's relationship to other siblings, wishes of children mature enough to express a reasoned preference, and others. Courts will rarely order a 'split custody' arrangement, i.e., where the parties have equal time with the children, unless both parties agree. The statutory factors courts consider in establishing parenting plans are set forth in RCW 26.09.187.
How long does a divorce take?
In Washington, there is a minimum statutory waiting period of ninety days between the time an action for divorce or legal separation is commenced and the time the case may be finalized. Normally, cases take longer than this, especially if there are contested parenting, child support or property division issues. When a case is filed in King County, a trial date is automatically assigned, which is normally about one year from the date of filing. However, only a small percentage of cases actually go to trial, as most cases are settled prior to the trial date.
Additional Resources:
http://www.kcba.org King County Bar Association web site - A practical guide for those seeking to represent themselves, contains links to various resource sites and courts.
http://www.courts.wa.gov Washington State Courts web site - Links to various family law sites, forums and other useful information.
