Those anticipating a divorce filing often need to learn about the law beforehand. They need to know what to expect regarding major decisions during the divorce process.
Spouses need to understand the rules that govern property division and child custody determinations, which are slightly different in every state. They typically also need information about divorce itself.
Those preparing for divorce may worry that they lack sufficient evidence to prove qualifying circumstances. What proof do people need for divorce and what grounds do the family courts acknowledge?
Washington is a no-fault divorce state
In some jurisdictions, individuals seeking divorce can pursue fault-based divorce provided that there are specific circumstances. Fault-based divorces may involve allegations of infidelity, abandonment or abuse in many jurisdictions.
Washington has a much more streamlined divorce process. Instead of requiring specific circumstances, the state only hears no-fault divorce cases. Either spouse asserts that irreconcilable differences have caused significant damage to the marital relationship.
There is no evidence necessary to prove that differences between the spouses have caused a decline in the relationship. The spouses do not even need to agree on the state of the relationship.
The assertions of one spouse during family court proceedings are sufficient to justify a no-fault divorce filing. Even in situations where one spouse may disapprove of the divorce, the other can ask the courts to end the marriage because they feel that irreconcilable differences have made continued marriage impossible.
Learning more about state law can help empower people as they prepare for divorce. Spouses preparing for divorce in Washington need to understand what to expect and how to prepare themselves.
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