Tacoma Divorce Law Firm
Tacoma divorce attorneys from The Law Office of Robert Helland outline the procedures for filing for divorce and explain what you should expect during the divorce process.
Our Tacoma family law firm operates in the spirit of the Revised Code of Washington regarding divorce. The state has taken action to revise and make divorce laws so that the process alleviates tension between divorcing parties. Thus, our matrimonial law attorneys are more likely to find themselves acting as divorce mediators in collaborative separation and divorce arrangements rather than as divorce lawyers involved in litigation procedures.
Washington is a no-fault divorce state. “Irretrievable breakdown of the marriage” is the only ground for dissolution of marriage. This relieves both parties of any necessity to blame or accuse the other of wrong-doing. One or both spouses may file for divorce. One spouse may claim the marriage is irretrievably broken; the other spouse does not have to agree for the divorce filing to proceed.
Actual filing is a complex process, and we strongly recommend that people seek the assistance of a specialist family law attorney to guide them through the process. Only a qualified lawyer in Washington State, like the divorce lawyers at The Law Office of Robert Helland, can:
- give legal advice about procedure,
- assist with paperwork for filing,
- present of evidence if necessary,
- provide counsel on terms, and
- negotiate the best resolution of a divorce.
There is no residency requirement for divorce, except that the filing spouse(s) currently live in Washington State on the date of filing. Washington is a community property state. This means that all property acquired during a marriage is presumed to belong to both parties. If there is no prior agreement between parties, the court will divide community property 50-50. That division possibly could be neither fair nor what the parties really wish. The family law attorneys at The Law Office of Robert Helland can help you negotiate your community property division with your spouse and your spouse’s lawyer before the court intervenes.
There is no requirement for legal separation prior to filing for a divorce, but there is a waiting period of 90 days to finalize a divorce. In that period, the court will issue temporary orders to guide the conduct of the parties to the divorce pending the Decree of Dissolution of the marriage. These orders will cover issues such as child support, residence of children, spousal maintenance, occupancy of the family home, visitation, payment of bills, and other daily matters. The intent of these temporary orders will be to protect and preserve property and to provide care for any children.
Again, the Tacoma family law attorneys at the Law Office of Robert Helland are fully competent to advise you as we collaborate with your spouse and your spouse’s lawyer to devise and present a proposed plan to the court for disposition of all these issues.
Child Custody
Washington State does not grant child custody as such. Instead, one parent is normally designated the “primary residential parent.” Both parents must fulfill their legal duties to their children. Where there are minor children involved, the courts require that every petition filed for divorce must be accompanied by a proposed permanent parenting plan to be submitted to the court. The plan provides for resolution of disputes, allocation of decision-making authority, visitation (including with other family members) and residence of the child(ren).
Once the court has determined all final legal arrangements involved in forming separate households and granted a Decree of Divorce, it is extremely difficult to appeal in order to have that decree amended. For this reason, The Law Office of Robert Helland urges those seeking divorces, especially parents, to hire seasoned, compassionate family law attorneys to lead them through divorce proceedings.
