Washington Family Law Flashcards

Under Washington law, which of the following is NOT a factor courts consider when awarding spousal maintenance (alimony)?

Answer: The fault of either spouse in the breakdown of the marriage

Washington is a no-fault state — RCW 26.09.090 lists factors for maintenance but expressly excludes marital fault as a consideration.

In Washington, a third party (grandparent) seeking visitation rights over a parent's objection must show:

Answer: That denial of visitation would harm the child, overcoming the presumption that fit parents act in their child's best interest

Following Troxel v. Granville, Washington courts presume that fit parents' decisions regarding visitation are in the child's best interest, and third parties must overcome this presumption.

Under Washington's Uniform Parentage Act, a voluntary acknowledgment of paternity signed by both parents has what legal effect?

Answer: Has the same force as a court judgment establishing parentage after 60 days

Under RCW 26.26A.235, a signed and notarized acknowledgment of paternity becomes a legal finding equivalent to a court judgment after 60 days, with very limited grounds for rescission thereafter.

Washington's community property laws require what disposition of community property debts upon dissolution?

Answer: Community debts are divided equitably by the court, which may allocate responsibility to one spouse

Under RCW 26.09.080, the court divides community debts equitably, which may include assigning debts to a particular spouse, though creditors are not bound by the divorce decree.

In Washington, a court may modify a final parenting plan based on a showing of:

Answer: A substantial change in the circumstances of the child or either parent

Under RCW 26.09.260, modification of a final parenting plan requires a threshold showing of a substantial change in circumstances, protecting stability for the child.

Under Washington law, at what age does a child's preference regarding custody become a significant factor courts consider?

Answer: Age 12

While there is no specific statutory age, Washington courts give increasing weight to a child's preference by age 12, when the child is deemed mature enough to express a reasoned preference.