Revised Code of Washington
Chapter 26.09 - Dissolution Proceedings—Legal Separation.
26.09.010 - Civil practice to govern—Designation of proceedings—Decrees.

RCW 26.09.010
Civil practice to govern—Designation of proceedings—Decrees.

(1) Except as otherwise specifically provided herein, the practice in civil action shall govern all proceedings under this chapter, except that trial by jury is dispensed with.
(2) A proceeding for dissolution of marriage or domestic partnership, legal separation or a declaration concerning the validity of a marriage or domestic partnership shall be entitled "In re the marriage of . . . . . . and . . . . . ." or "In re the domestic partnership of . . . . . . and . . . . . ." Such proceedings may be filed in the superior court of the county where the petitioner resides.
(3) In cases where there has been no prior proceeding in this state involving the marital or domestic partnership status of the parties or support obligations for a minor child, a separate parenting and support proceeding between the parents shall be entitled "In re the parenting and support of . . . . . ."
(4) The initial pleading in all proceedings under this chapter shall be denominated a petition. A responsive pleading shall be denominated a response. Other pleadings, and all pleadings in other matters under this chapter shall be denominated as provided in the civil rules for superior court.
(5) In this chapter, "decree" includes "judgment".
(6) A decree of dissolution, of legal separation, or a declaration concerning the validity of a marriage or domestic partnership shall not be awarded to one of the parties, but shall provide that it affects the status previously existing between the parties in the manner decreed.
(7) In order to provide a means by which to facilitate a fair, efficient, and swift process to resolve matters regarding custody and visitation when a parent serving in the armed forces receives temporary duty, deployment, activation, or mobilization orders from the military, the court shall, upon motion of such a parent:
(a) For good cause shown, hold an expedited hearing in custody and visitation matters instituted under this chapter when the military duties of the parent have a material effect on the parent's ability, or anticipated ability, to appear in person at a regularly scheduled hearing; and
(b) Upon reasonable advance notice to the affected parties and for good cause shown, allow the parent to present testimony and evidence by electronic means in custody and visitation matters instituted under this chapter when the military duties of the parent have a material effect on the parent's ability to appear in person at a regularly scheduled hearing. The phrase "electronic means" includes communication by telephone, video teleconference, or the internet.

[ 2009 c 502 § 2; 2008 c 6 § 1004; 1989 c 375 § 1; 1987 c 460 § 1; 1975 c 32 § 1; 1973 1st ex.s. c 157 § 1.]
NOTES:

Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

Structure Revised Code of Washington

Revised Code of Washington

Title 26 - Domestic Relations

Chapter 26.09 - Dissolution Proceedings—Legal Separation.

26.09.002 - Policy.

26.09.003 - Policy—Intent—Findings.

26.09.004 - Definitions.

26.09.006 - Mandatory use of approved forms.

26.09.010 - Civil practice to govern—Designation of proceedings—Decrees.

26.09.013 - Interpretive services—Literacy assistance—Guardian ad litem charges—Telephone or interactive videoconference participation—Residential time in cases involving domestic violence or child abuse—Disclosure of information—Supervised visitatio...

26.09.015 - Mediation proceedings.

26.09.016 - Mediation in cases involving domestic violence or child abuse.

26.09.020 - Petition—Dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning validity of marriage or domestic partnership—Contents—Parties—Certificate.

26.09.030 - Petition for dissolution of marriage or domestic partnership—Court proceedings, findings—Transfer to family court—Legal separation in lieu of dissolution.

26.09.040 - Petition to have marriage or domestic partnership declared invalid or judicial determination of validity—Procedure—Findings—Grounds—Legitimacy of children.

26.09.050 - Decrees—Contents—Restraining orders—Enforcement—Notice of termination or modification of restraining order.

26.09.060 - Temporary maintenance or child support—Temporary restraining order—Preliminary injunction—Domestic violence or antiharassment protection order—Notice of termination or modification of restraining order—Support debts, notice.

26.09.070 - Separation contracts.

26.09.080 - Disposition of property and liabilities—Factors.

26.09.090 - Maintenance orders for either spouse or either domestic partner—Factors.

26.09.100 - Child support—Apportionment of expense—Periodic adjustments or modifications.

26.09.105 - Child support—Medical support—Conditions.

26.09.110 - Minor or dependent child—Court appointed attorney to represent—Payment of costs, fees, and disbursements.

26.09.120 - Support or maintenance payments—To whom paid.

26.09.135 - Order or decree for child support—Compliance with RCW 26.23.050.

26.09.138 - Mandatory assignment of public retirement benefits—Remedies exclusive.

26.09.140 - Payment of costs, attorneys' fees, etc.

26.09.150 - Decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity—Finality—Appeal—Conversion of decree of legal separation to decree of dissolution—Name of party.

26.09.160 - Failure to comply with decree or temporary injunction—Obligation to make support or maintenance payments or permit contact with children not suspended—Penalties.

26.09.165 - Court orders—Required language.

26.09.170 - Modification of decree for maintenance or support, property disposition—Termination of maintenance obligation and child support—Grounds.

26.09.175 - Modification of order of child support.

26.09.181 - Procedure for determining permanent parenting plan.

26.09.182 - Permanent parenting plan—Determination of relevant information.

26.09.184 - Permanent parenting plan.

26.09.187 - Criteria for establishing permanent parenting plan.

26.09.191 - Restrictions in temporary or permanent parenting plans.

26.09.194 - Proposed temporary parenting plan—Temporary order—Amendment—Vacation of order.

26.09.197 - Issuance of temporary parenting plan—Criteria.

26.09.210 - Parenting plans—Interview with child by court—Advice of professional personnel.

26.09.220 - Parenting arrangements—Investigation and report—Appointment of guardian ad litem.

26.09.225 - Access to child's education and health care records.

26.09.231 - Residential time summary report.

26.09.255 - Remedies when a child is taken, enticed, or concealed.

26.09.260 - Modification of parenting plan or custody decree.

26.09.270 - Child custody—Temporary custody order, temporary parenting plan, or modification of custody decree—Affidavits required.

26.09.280 - Parenting plan or child support modification or enforcement—Venue.

26.09.285 - Designation of custody for the purpose of other state and federal statutes.

26.09.290 - Final decree of dissolution nunc pro tunc.

26.09.300 - Restraining orders—Notice—Refusal to comply—Arrest—Penalty—Defense—Peace officers, immunity.

26.09.310 - Provision of health care to minor—Immunity of health care provider.

26.09.315 - Child custody issues—Abduction by parent—Information.

26.09.320 - Child support—Procedures for abatement based on incarceration—Rebuttable presumption of inability to pay—Reinstatement of support obligation.

26.09.325 - Child support—Who may make request for abatement based on incarceration—Procedures when multiple orders requiring incarcerated person to pay support exist.

26.09.330 - Child support—Department duties when order contains abatement language and obligated person is incarcerated—Procedures.

26.09.335 - Child support—Department duties when order does not contain abatement language and obligated person is incarcerated—Procedures.

26.09.340 - Child support—Requests for reversal or termination of abatement based on incarceration—Procedures.

26.09.405 - Applicability.

26.09.410 - Definitions.

26.09.420 - Grant of authority.

26.09.430 - Notice requirement.

26.09.440 - Notice—Contents and delivery.

26.09.450 - Notice—Relocation within the same school district.

26.09.460 - Limitation of notices.

26.09.470 - Failure to give notice.

26.09.480 - Objection to relocation or proposed revised residential schedule.

26.09.490 - Required provision in residential orders.

26.09.500 - Failure to object.

26.09.510 - Temporary orders.

26.09.520 - Basis for determination.

26.09.525 - Substantially equal residential time.

26.09.530 - Factor not to be considered.

26.09.540 - Objections by nonparents.

26.09.550 - Sanctions.

26.09.560 - Priority for hearing.

26.09.900 - Construction—Pending divorce actions.

26.09.901 - Conversion of pending action to dissolution proceeding.

26.09.902 - RCW 26.09.900 and 26.09.901 deemed in effect on July 16, 1973.

26.09.907 - Construction—Pending actions as of January 1, 1988.

26.09.909 - Decrees entered into prior to January 1, 1988.

26.09.910 - Short title—1987 c 460.

26.09.911 - Section captions—1987 c 460.

26.09.912 - Effective date—1987 c 460.

26.09.915 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

26.09.916 - Rule-making authority—2020 c 227.