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A divorce, called a dissolution of marriage, is started by either the husband or the wife filing a “Petition for Dissolution of Marriage” in the Superior Court of the county in which they reside, and having a copy of the petition served on their spouse. The person filing the petition is called the Petitioner. The person receiving the petition is called the Respondent, and must file and serve a response to the petition.
The only “grounds” for dissolution of marriage in the State of Washington is irreconcilable breakdown of the marital relationship. There is no need to claim or prove marital misconduct.
The laws of Washington require a 90 day waiting period before a divorce can be finalized. During the 90 day period the Court will enter Orders controlling “Temporary” custody of and visitation with the children, child support, spousal support, possession of property, and payment of bills. The divorce can be finalized after 90 days if the parties reach agreements. If agreement cannot be achieved, the court will schedule a trial to determine the issues.
At the end of the proceeding the Court will issue a “Decree of Dissolution of Marriage”. This is the document that will contain all of the final rulings of the Court.
Child custody and visitation are resolved by the creation of a Parenting Plan. These plans are created through negotiation or trial. During the divorce proceedings the Court will appoint a Guardian ad Litem (GAL) to investigate and protect the interest of the children. The GAL will interview the parents and children, perform home visits and background checks, leading to a report to the Court. The Plan will declare which parent is to be awarded Primary Custody of the children, and the visitation awarded to the other parent, or the details of the arrangement for joint custody. Skilled and effective representation is required to help fathers move successfully through this legal maze.
Custody means which parent is awarded the primary residential care of the children, and will have the most to say about how the children will be raised. The most important issue in every divorce is the custody and welfare of the children. The court makes the “best interest of the child” its highest priority, and so do we.
We fight to win custody of the children for every qualified client who wants to be the primary care provider of their children. Mothers are not automatically entitled to custody, but that is what happens in most situations unless the father's position is
skillfully presented to the opposing party and to the Court. Fathers need experienced legal representation to win custody. It is the best qualified parent that should be awarded primary care of the children. It is an uphill fight for fathers to prove that it is in the best interest of the children for the father to be awarded custody.
When the petition for divorce is filed, the first action of the Court will be to hold a hearing to issue an Order of “Temporary Custody”. This Temporary Order is issued with little or no investigation, and before the GAL is appointed. It is important for a father to carefully plan the steps leading up to, and following separation to avoid a bad temporary order. Though not a permanent order, the temporary order can set the tone that the Court will follow in ordering final permanent custody.
Visitation is the time that the non-custodial parent is allowed to spend with their children. Visitation is important. Visitation is the time that the non-custodial parent will have to maintain their relationship with the children. The initial Temporary Order and Parenting Plan will control visitation as well as custody. These two issues are often handled in the same process. It is important to carefully plan your current and future visitation needs and desires before the Temporary Order goes into effect. As with custody, the Temporary Order can set the tone for your final visitation schedule.
The Court does not set child support by personal preference or whim. 
The Legislature has created a statewide Child Support Schedule based upon the incomes of both parents, and the number of children. The Schedule does not guarantee fair child support. No automatic formula can consider all of the relevant facts. The Schedule depends on honest and accurate information. It is up to the father and his lawyer to make certain that accurate income information is used, and that compelling facts are explained to the court. Income and expense information must be thoroughly discussed with your attorney. Child Support can be one of the most expensive consequences of divorce. We have provided a link to the Washington State Department of Social and Health Services "Support Calculator" web site. You can calculate your approximate child support by accessing and using this site. In very special situations the Court can deviate from the State formula calculations. You will need to discuss any proposed deviation with your attorney.
Spousal Support (maintenance or alimony) is money paid monthly by the higher wage earning spouse to the lower wage earning spouse. The longer the marriage, the greater the risk that Support will be ordered. The longer that your spouse has been unemployed, the greater the risk that Support will be ordered. The Family Law Courts in Washington have enormous discretion when determining the appropriate alimony award and the duration of the alimony award. There is no State Schedule for Spousal Support. Even in uncontested divorces spousal support may be awarded by the Court. Due to this uncertainty, husbands need an experienced attorney to provide thoughtful, prudent advice to negotiate a fair and reasonable settlement.
At the time of divorce all of the family’s property and debts are before the Court to 
be divided. The Court is to “equitably” divide the family assets. “Equitably” does not always mean “equally”. The Court will often award a greater share of the property and fewer debts to the lower wage earning spouse. Even pre-marital separate property can be divided by the Court. Husbands must be thorough in their valuation of the assets. You will often need the assistance of real estate agents and accountants to obtain accurate appraisals. Once the divorce is final, the property division is final. The property and debt division cannot be modified after the divorce is final. You only have one opportunity to win a fair division of the property.