WA Bar Washington Family Law 1 — Questions and Answers
Question 1: Washington is a no-fault divorce state. Under RCW 26.09.030, the only ground for dissolution of marriage is:
- Adultery or abuse
- Irreconcilable differences
- Irretrievable breakdown of the marriage (Correct answer)
- Mutual consent of both parties
Correct answer: Irretrievable breakdown of the marriage
Washington's dissolution statute requires only that the marriage is 'irretrievably broken' — no fault or specific grounds need be proven.
Question 2: Under the Washington Parenting Act (RCW 26.09.187), the primary factor in creating a parenting plan is:
- The financial resources of each parent
- The best interests of the child (Correct answer)
- The child's preference regardless of age
- Equal division of parenting time between parents
Correct answer: The best interests of the child
RCW 26.09.187 requires the court to approve a parenting plan that serves the best interests of the child, which is the paramount consideration in all custody determinations.
Question 3: In Washington, how is separate property treated upon dissolution of marriage?
- Separate property is always divided equally between spouses
- Separate property is awarded to the owning spouse, but the court has discretion to allocate it justly (Correct answer)
- Separate property automatically becomes community property upon marriage
- Separate property is excluded from all dissolution proceedings
Correct answer: Separate property is awarded to the owning spouse, but the court has discretion to allocate it justly
Under RCW 26.09.080, Washington courts may distribute all property, including separate property, 'justly and equitably,' giving the court discretion to consider fairness in distribution.
Question 4: Under Washington law, which of the following creates a presumption of paternity?
- The man's name appears on the birth certificate
- The man and mother were married at the time of the child's birth (Correct answer)
- The man has supported the child financially
- The man acknowledges paternity informally
Correct answer: The man and mother were married at the time of the child's birth
Under RCW 26.26A.115, a man is presumed to be a child's parent if he was married to the woman when the child was born or if the marriage ended fewer than 300 days before the birth.
Question 5: Washington's Domestic Violence Prevention Act (RCW 26.50) authorizes courts to issue a protection order with an ex parte temporary restraining order based on:
- Proof beyond a reasonable doubt of domestic violence
- A preponderance of evidence that domestic violence has occurred
- A petitioner's sworn statement showing reasonable grounds to believe domestic violence occurred (Correct answer)
- The agreement of both parties
Correct answer: A petitioner's sworn statement showing reasonable grounds to believe domestic violence occurred
A Washington ex parte temporary protection order may be issued based on the petitioner's sworn declaration showing reasonable grounds to believe domestic violence occurred, without the respondent's presence.
Question 6: Under Washington's child support guidelines (RCW 26.19), how is the basic child support obligation calculated?
- A flat percentage of the noncustodial parent's income only
- Based on the combined monthly net income of both parents from standardized economic tables (Correct answer)
- Solely at judicial discretion based on the child's needs
- A percentage of income that increases with the number of children
Correct answer: Based on the combined monthly net income of both parents from standardized economic tables
Washington's child support schedule uses the combined monthly net income of both parents and applies economic tables (RCW 26.19.020) to determine the basic support obligation.
WA Bar Washington Family Law 1
Washington is a no-fault divorce state.
Under RCW 26.09.030, the only ground for dissolution of marriage is: