26 Committed Fault by Agreement of Parenting and Child Uniforms

Question 1

26

Answer 1

26 Marriage Annulled

(1) RCW 26; Jurisdiction = one party domiciled; Venue = any county
(2) Marriage = civil contract, 17 w/ p. consent, otherwise capable; != CL marriage
(3) Annulled = living spouse, age, capacity, closer than second cousins, fraud, duress; improper != invalid per se improper solemn

Question 2

Committed

Answer 2

Committed DP Defacto

(1) CIR = != married, het. sex; = pseudo CP != SP; = continuous cohab w/long dur., rel. purp., intent, pooling
(2) DPs = != married, same sex, 18, share resid; = file declaration: extends rights
(3) Defacto parents = nat. parent fostered + consent, cohab., no $ expect., long dur., permanent

Question 3

Fault

Answer 3

Fault Dissolution Maintenance

(1) No Fault = allege “irretrievably broken”; uncontested = 90, counseling + report in 60 days; != separation: maintains + dismissible: converted 180
(2) Dissolution = ability to award CP + SP; just and equitable: Discretion: maintain: duration, economic circ.; Defunct: conduct: intent not to remain: no CP
(3) Maintenance = favors rehabilitative support: temporary to acquire skills, education for employment: financial position, length of marriage, lifestyle

Question 4

Agreement

Answer 4

Agreements Goodwill Disability

(1) CP Agreements = full disclosure before exec.: unknown, opty consult IC, good faith; Revocation: mutual consent
(2) Business Goodwill = CP interest in salary: contrib. let to success; College degree = CP distrib/maint
(3) Disability = received during: pro rate if lump; Retirement: pro rate on employment time; Stock options: CP through vesting, else prorated between grant and vesting dates

Question 5

Parenting

Answer 5

Parenting Interests Dispute

(1) Plan = primary resid. Placement + schedule, decision making authority, child support, dispute resol.; != 3rd party visitation: up to parents
(2) Best interests = guiding principle: stability, emotional growth, rel. strength; != controlling child’s preferences; Guardian ad litem: to protect
(3) Dispute != return to court; Decision = joint, sole; Restrictions: domestic violence, crime, severe abuse, neglect; TRO: if danger of interfere, peace; Changes !: disfavored, unless significant change in circ. !: excuse non-compliance

Question 6

Child

Answer 6

Support Modifications Interim

(1) Child Support = guidelines divided btwn parents: financial circumstance, income: imputed, placement
(2) Modification = 2 years by statute, increased by agmnt, showing subst. change in circ.; Paternity = 5 year retroactive obligation
(3) Interim = either can petition, same standards, stepparent, but can petition for relief

Question 7

Uniforms

Answer 7

Uniform Action Adoption

(1) UPA = presumed if married, born w/n 300 days of termination, marry mother + ack in writing
(2) Action = any interested party; blood, DNA ordered if contested; 2 years for presumed, unless no sex, never treated as own
(3) Adoption = same right; consent, notice in advance of adoption: 20/30: 1 for 3; Setting aside !: more than 1 year, unless fraud, duress