DISSOLUTION Flashcards
FINAL DIVORCE ORDER (DISSOLUTION DECREE) /
LEGAL SEPARATION ORDER (DECREE) INVALID MARRIAGE ORDER (ANNULMENT DECREE)
VALID MARRIAGE ORDER (DECREE)
DOCUMENTS YOU MAY OR MIGHT NEED
TO START YOUR CASE:
- Petition for Legal Separation (Marriage),
- Confidential Information
- Summons:
- Notice About a Marriage or Domestic Partnership
- Certificate of Dissolution,
- Declaration of Invalidity of Marriage, or Legal Separation,
- Proof of Personal Service,
8 Agreement to Join Petition or Service, - Response to Petition about a Marriage
Complete the Case:
Schedule the final hearing. Use the court’s form to schedule hearings, if there is one; otherwise use the Notice of Hearing, form FL All Family 185,
- Notice of Hearing,
- Proof of Mailing or Hand Delivery (for documents after Summons and Petition,
- Findings and Conclusions About a Marriage
- FL All Family 150 Restraining Order,
Any domestic violence or unlawful harassment protection orders are needed. If you have a child add:
- FL All Family 130 Child Support Order
- WSCSS - Worksheets Washington State Child Support Schedule Worksheets,
- Financial Declaration of (name): _______________ ,
- Sealed Financial Source Documents (Cover Sheet),
- Parenting Plan,
- FL Divorce 243 Residential Time Summary Report
Dissolution Action:
DOCUMENTS YOU WILL OR MIGHT NEED
Summons: Notice About a Marriage or Domestic Partnership,
Petition for Divorce (Dissolution),
Confidential Information,
Certificate of Dissolution,
Proof of Personal Service or Agreement to Join Petition (Joinder) or Service Accepted
(If your spouse completes the Agreement to Join Petition or Service Accepted, or agrees to join the Petition by signing the agreement on the last page of the Petition, service of the Petition and Summons is not necessary.),
Response to Petition about a Marriage,
Complete the Case:
Schedule the final hearing. Use the court’s form to schedule hearings, if there is one; otherwise use the Notice of Hearing, form FL All Family 185. Notice of Hearing,
Proof of Mailing or Hand Delivery (for documents after Summons and Petition),
Findings and Conclusions About a Marriage,
Final Divorce Order (Dissolution Decree) / Legal Separation Order (Decree) / Invalid Marriage Order (Annulment Decree) / Valid Marriage Order (Decree If you have a child add:
Child Support Order,
Worksheets
Washington State Child Support Schedule Worksheets, WSCSS
CONTESTED CHILD CUSTODY
(RCW 26.09.002, 26.09.182, 26.09.184, 26.09.187, 26.09.191, 26.09.260) Know the legal standard used in all domestic relations orders directly involving children
RCW 26.09.002 - POLICY
In any proceeding between parents under this chapter,
- ) the best interests of the child shall be the standard by which the court determines and allocates the parties’ parental responsibilities.
- ) The state recognizes the fundamental importance of the parent-child relationship to the welfare of the child,
- ) and that the relationship between the child and each parent should be fostered unless inconsistent with the child’s best interests.
RESIDENTIAL-TIME-AND-FINANCIAL SUPPORT-ARE-EQUALLY-IMPORTANT COMPONENTS-OF-PARENTING ARRANGEMENTS.
How is this determined?
- The best interests of the child
are served by a parenting arrangement that
- ) best maintains a child’s emotional growth,
- ) health and stability,
- ) and physical care.
Further, the best interest of the child is ordinarily served when the
5.) existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents or as required to protect the child from physical, mental, or emotional harm.
Know the types of actions that are beyond the scope of permitted practice for LLLTs in domestic relations
Prohibited Acts. In addition to the prohibitions set forth in APR 28H, in the course of dealing with clients or prospective clients, LLLTs licensed to practice in domestic relations:
- shall not represent more than one party in any domestic relations matter
- shall not provide legal services: in defacto parentage or nonparental custody actions
- if 25 U.S.C. Chapter 21, the Indian child Welfare Act, or RCW 13.38, the Washington State Indian Child Welfare act, applies to the matter.
- shall not advise or assist clients regarding:
division of owned real estate, formal business entities, or retirement assets that require a supplemental order to divide and award, which includes division of all defined benefit plans and defined contribution plans; - bankruptcy, including obtaining a stay from bankruptcy; disposition of debt and assets if one party is in bankruptcy or files bankruptcy during the pendency of the proceeding unless:
(a) the LLLT’s client has retained a lawyer to represent him/her in the bankruptcy
(b) the client has consulted with a lawyer and the lawyer has provided written instructions for the LLLT as to whether and how to proceed regarding the division of debts and assets in the domestic relations proceeding, or
(c) the bankruptcy has been discharged;
- anti-harassment orders, criminal no-contact orders, anti-stalking orders, and sexual assault protection orders in domestic violence actions.
- pseudo-community property issues in committed intimate relationship actions;
- major parenting plan modifications unless the terms were agreed to by the parties before the onset of the representation by the LLLT.
- the determination of Uniform Child Custody Jurisdiction and Enforcement Act issues under RCW 26.27 or Uniform Interstate Family Support Act issues under RCW 26.21A unless and until jurisdiction has been resolved
- objections to relocation petitions, responses to objections to relocation petitions, or temporary orders in relocation actions.
- final revised parenting plans in relocation actions except in the event of default or where the terms have been agreed to by the parties.
- shall not appear or participate at the taking of deposition; and
- shall not initiate or respond to an appeal to an appellate court
Know what can be established in a parenting plan
Restrictions Residential schedule Decision making Transportation Dispute resolution
Know what can be ordered in a child support order.
Child support
Post Secondary education
Payment for other expenses
Health insurance