Frequently Asked Questions on Family Law
- How long will the divorce take?
- Do we have to go to court to get divorced?
- How is child custody determined?
- How does the court determine child support?
Q: How long will the divorce take?
Before the court will issue a final Decree of Dissolution, Washington imposes a 90 day waiting period. After that initial period, the time it takes to complete dissolution proceedings depends widely on how many disagreements the parties have. If the dissolution cannot be settled in a settlement conference or mediation, it will proceed to trial. Dissolution cases that go to trial can take as long as a year or more to be finalized.
For more detailed information regarding the court process for obtaining a divorce in Washington, please see this page.
Q: Do we have to go to court to get divorced?
A: If you and your spouse can agree on the main issues, including division of property, spousal support/maintenance (alimony), child custody, and child support, you can obtain an uncontested divorce. You simply have to agree to these terms in writing and file this document with the court. The court will not get involved and will issue the Decree of Dissolution. In addition to being more amicable, uncontested divorces are less expensive, faster and much less complicated.
At The Law Office of Robert Helland, we will do everything we can to help you settle your case and avoid an ugly court battle. However, we are experienced trial attorneys and will not hesitate go to court for you if that is the best way to protect your rights and assets.
Q: How is child custody determined?
A: In Washington, the law instructs courts to make custody decisions that further the best interests of the children. To make this decision, the court considers any relevant background information that will help determine what is in the children's best interests. Unless the court orders otherwise, a parent who is not awarded custody will be awarded reasonable visitation rights, subject to certain statutory limitations.
Q: How does the court determine child support?
A: While some states use specific formulas for calculating child support, Washington law allows the court to order either or both parents (or partners in a domestic partnership) to pay child support in an "amount reasonable or necessary for the child's support." The court determines the actual amount of support by using the child support schedule. This schedule takes into account both parents' monthly net incomes and limits child support to no more than 45% of a parent's net income except where there is good cause.
Seek Experienced Legal Representation
When you are engaged in a family law dispute or dissolution proceeding, it is critical to have experienced legal counsel to protect your rights and assets. The Law Office of Robert Helland has over 30 years of experience representing clients in family law matters throughout the Tacoma and Pierce County area. Contact us today for a free initial consultation regarding your case.
