Wednesday, August 19, 2009
Washington No Fault Divorce
In Washington, the legal basis for the dissolution of a marriage is that the marriage is irretrievably broken. It only takes one party to allege this. Unless the court were to find that the petitioner was induced to file by by fraud or coercion, the court must grant the petition. There is nothing else the respondent can do to prevent the dissolution of the marriage.
Other "ground" or behaviors are not a basis for divorce, and therefore not admissible for that purpose. The court will not allow testimony regarding unfaithfulness, affairs or other fault.
Some "fault" may be admissible for other purposes. If it is relevant to the issue of parenting, it could be admissible. Domestic violence is admissible for the purpose of showing the need for restraining orders. When it comes to the issue of property division, the statute specifically states that the division must be made without regard to misconduct. An exception to this can be if a party dissipates community assets.
The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the dissolution of marriage and the division of assets. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.