Formal Proof In A Divorce Case - Part 2 This is a continuation of the questions that I ask my client when we do a formal proof before a judge/court commissioner to finalized a divorce or legal separation. 7). Do either you or the other party have any other dependent children? If so what are their names and ages? In most cases a parent will not have a financial obligation to support the child of the other parent, but additional dependent children can have a significant effect on the amount of child support paid by a parent in this relationship. The court is very interested in knowing if this is a consideration and if it has been addressed in the child support for this case. 8). Is the other party pregnant (Are you pregnant?)? Not too many years ago a couple could not get a divorce or legal separation during the time that the wife was pregnant. Since the court was required to address the children at the time of the divorce/legal separation there was a need to wait on the birth of the child before the action could be completed. We now have a statute that does allow for the parties to get divorce/legally separated even if the wife is pregnant, so long as certain language is placed in the decree addressing this fact. This question gives the court the information to address the unborn child in the decree (if it has not been done yet). 9). Did you and the other party separate on [date]? Since the date of the marriage and the date of separation on noted on the Findings the court wants to hear this information in the formal proof. Similar to the date of marriage, it could be a factor in how the property and debts are divided up (but much less of an issue, if the parties have agreed to how they want to divide things up). 10). Did you file a petition for dissolution of marriage on [date] in King Co. Superior Court? The court wants to know if the parties filed in their court, but, more importantly, they want to know if that date is at least 90 days ago (this assumes the respondent was served the same day - if he/she was served a few days later, the 90 days would start from that time). In the state of Washington there is a 90 “waiting period” to get a divorce. In some counties, including King County, there is no 90 day waiting period. 11). Is this marriage irretrievable broken? Pursuant to state statute at least one of the spouses, to be granted a divorce in the state of Washington, must allege that the “marriage is irretrievable broken”. It is mentioned in the Findings and the court wants to hear it during the oral formal proof. 12). Have you and the other party reached agreement on a division of property and debts in this matter? This question (and answer) are fairly obvious since the parties are entered documents by agreement, but the court still wants to hear a party confirm the fact. 13). Is that division of property and debts fair and equitable? In reality the law allows for the parties to do whatever they want when it comes to dividing their property and debts (assuming no fraud or hiding assets, etc.). In my mind “fair and equitable” becomes more of an issue, if the court has to divide the property and debts. I equate this question more along the lines of a “is this division acceptable for both parties”. 14). Have you and the other party reached agreement on a residential parenting plan in this matter? A parenting plan, in a divorce or legal separation action, is a very important part of the case. The court wants to make sure that the parents have agreed to it at the time the case is finalized. 15). Is that residential parenting plan in the best interest of the children? This question shows the important the statutes, and the court, places on the parenting plan. While the parents may agree to the parenting plan, ultimately it is the best interests of the children in the plan that decide if the parenting plan should be signed by the court. 16). Is the child support order (and any deviations) appropriate? Similar to the parenting plan, the court has the final say in the amount of child support set in the case. Since a deviation from the amount that a parent is expected to pay in child support is not really common (and the fact that the court does like to take a close look at the reasoning for one) I like to mention any deviation at this time in the formal proof (and provide the court with the reasoning behind it). 17). Is there a need for a permanent restraining order? This question kind of depends on the judge/court commissioner. I have had some want it “on the record” that one is not needed (or why one is needed) so, I just ask it as part of my normal questions. There you have it, my normal questions that I ask during a formal proof to finalize a divorce or a legal separation. Depending on the case, I may ask more questions, or provide the court with more information. __________________________________________________ This blog article is not intended to convey legal advice, but only address some of the general rules. Most legal issues, in family law cases, depend on the specific facts. Should you wish to discuss your particular situation with the Law Office of Thomas A. Chillquist, please call or email my office. I am a family law lawyer (divorce attorney) and I represent parties in family law, and divorce, matters in King and Pierce County, Washington, including Kent, Federal Way, Covington, Renton, SeaTac, Des Moines, Fife, Auburn, Seattle, Bellevue, Puyallup, Orting, Tacoma and Mercer Island. Copyright Thomas A. Chillquist
Posted on: Fri, 11 Apr 2014 19:42:22 +0000
Trending Topics
Recently Viewed Topics
© 2015