Divorce Law in Bellingham, WA
Divorce Law refers to the legal termination of a marriage and often involves working through several complicated issues.
Are you facing a costly divorce in Bellingham, Washington? Does your estranged spouse have an attorney? Usually, couples going through a divorce are unable to compromise on most items and reach an agreement on their own. Thus, many couples go through mediation or the court system to resolve their case.
Issues Involved in Bellingham, Washington Divorce Law
There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.
Dividing Property
Dividing property, debts, and assets is often one of the most complicated aspects of divorce. In , like many other states, anything you and your spouse have purchased during the marriage is subject to division. This can include real estate, bank accounts, vehicles, and other assets such as stocks.
Some states split marital property evenly, while others apply an equitable division. In an equitable split, the judge considers each spouse’s contributions to the marriage and uses that information to determine how property and debts are divided. As a result, the division may not always be a perfect 50/50 split, depending on the circumstances of the marriage.
Child Support
Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing, and other basic needs.
Under Washington law, Bellingham child support is calculated based on the incomes of both parents. The court will use a formula to determine the total amount of support required. Each parent is then responsible for a percentage of that support, based on their respective incomes. If you do not pay your child support, the Washington Division of Child Support can garnish your wages or seize your property. In addition, you can lose your driver’s license or even go to jail for criminal contempt.
Alimony
Alimony, or spousal support, can vary dramatically depending on the marriage, and Bellingham, WA divorce law court looks at multiple factors when determining the amount and length of alimony, including:
- A spouse’s need and the other spouse’s ability to pay
- The age and health of each spouse
- The length of the marriage
- Each spouse’s earning capacity and level of education
- The division of property
- Parental responsibility of the children
- Sole investments and assets of either spouse
Under Washington statute, Bellingham spouses can request support, but they must prove financial need. In addition, there must be a finding that the other spouse can afford to pay. If spousal support is awarded, it is typically temporary, thereby giving both spouses the time to become financially independent.
Child Custody and Visitation
Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.
Washington legislation emphasizes finding a custody arrangement that provides the best physical and emotional care for the child. A Bellingham court will also try to minimize changes to the child’s current relationship and contact with each parent. The judge will take the preferences of both parents and the child into account. In addition, any prior instances of abuse or criminal activity will be considered.
Generally, Bellingham, Washington courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care, and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.
The Process of Going Through Divorce Law in Bellingham, Washington
Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.
Step 1: File the Divorce Law Petition
The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:
- A legal reason for divorce (grounds for divorce)
- A statement that shows at least one spouse meets the state’s residency requirements for divorce
- Other statutory information your state requires
Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.
Washington only allows no-fault divorces. The filing spouse must only allege to the Bellingham court that the marriage is damaged beyond repair. In addition, courts require a cooling-off period of at least 90 days between the initial filing and final judgment.
Step 2: Request Temporary Orders
The divorce law process in Bellingham can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:
- Child custody
- Child support
- Spousal support
- Property restraining orders
- Status quo orders
Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.
Step 3: Serve Your Spouse and Wait for Their Response
If you are the one who files a divorce petition, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts the service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third party who then records the proof of service.
Step 4: Try To Come to an Agreement
The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.
This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.
Step 5: Go To Court
If you and your spouse are unable to reach an agreement, then the case continues before a Bellingham, WA judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.
Bellingham divorces can be filed in Whatcom County Superior Court. If the divorce is contested, the case will be referred to family court for trial. However, Whatcom County Court Rules require couples to attempt mediation before a trial will be scheduled.
Step 6: Receive the Judgement of Divorce
The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody, and all relevant issues between the couple.
Work With an Experienced Bellingham, Washington Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Bellingham divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Washington state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
