WA Bar Washington Family Law 3 — Questions and Answers
Question 1: Under Washington's community property system, which of the following best describes the 'transmutation' of property?
- Converting community property to separate property or vice versa by written agreement or gift (Correct answer)
- The automatic conversion of separate property to community property after 10 years of marriage
- Court-ordered reclassification during dissolution proceedings
- Transfer of property to a trust during marriage
Correct answer: Converting community property to separate property or vice versa by written agreement or gift
Transmutation in Washington occurs when spouses voluntarily change the character of property from separate to community or vice versa through an express agreement or clear intent.
Question 2: Under Washington's dissolution law, what is a 'decree of legal separation' as distinct from dissolution?
- It dissolves the marriage but preserves community property rights
- It does not end the marriage but allows separate property division and support orders (Correct answer)
- It is only available after 5 years of separation
- It automatically converts to dissolution after 1 year
Correct answer: It does not end the marriage but allows separate property division and support orders
A Washington legal separation under RCW 26.09.030 divides property and establishes support obligations but does not terminate the marital status, leaving the parties still legally married.
Question 3: Washington's Relocation Act (RCW 26.09.405) requires a parent with primary custody who intends to relocate with a child to provide how many days' advance notice?
- 30 days
- 45 days
- 60 days (Correct answer)
- 90 days
Correct answer: 60 days
Under RCW 26.09.440, a relocating parent must provide at least 60 days' written notice to the other parent and to the court before the intended relocation date.
Question 4: Under Washington law, child support generally terminates at what age absent special circumstances?
- 16 years
- 18 years
- High school graduation or 18, whichever is later (Correct answer)
- 21 years
Correct answer: High school graduation or 18, whichever is later
Washington child support terminates when the child reaches 18 or graduates from high school, whichever occurs later, but not past age 19.
Question 5: In Washington, a prenuptial agreement is enforceable under the Uniform Premarital Agreement Act (RCW 26.16.220) unless:
- It was entered into more than 5 years before marriage
- A party proves it was involuntary or unconscionable when executed without adequate disclosure (Correct answer)
- It modifies community property rights
- Both parties did not have separate legal counsel
Correct answer: A party proves it was involuntary or unconscionable when executed without adequate disclosure
Washington enforces prenuptial agreements unless a party shows the agreement was not voluntary or was unconscionable at execution due to lack of adequate financial disclosure.
Question 6: Under Washington's adoption statute (RCW 26.33), termination of a biological parent's rights before adoption may occur by:
- Court order only after a full trial on parental fitness
- Voluntary relinquishment or court-ordered termination based on abandonment, neglect, or abuse (Correct answer)
- The adoptive parents' petition without the biological parent's notice
- Agreement of only the custodial parent
Correct answer: Voluntary relinquishment or court-ordered termination based on abandonment, neglect, or abuse
Washington allows termination of parental rights either by voluntary relinquishment or by court petition showing abandonment, neglect, abuse, or inability to care for the child.
WA Bar Washington Family Law 3
Under Washington's community property system, which of the following best describes the 'transmutation' of property?