Types of Family Law Matters: A Complete Guide

From marriages to child custody, family law touches nearly every household at some point. These family-related matters are the context in which many Americans first experience the legal system. Yet most people are unsure of how to work within the system, often wondering whether they can handle the issue themselves or need to contact a lawyer.

Without proper legal guidance, some family law matters can feel insurmountable. At Hodgson Law Office, our experienced family law attorneys have guided Spokane families through complex legal situations for over 20 years. Here's a comprehensive guide to family law matters and how they might affect you.

Introduction to Family Law

Most family law cases involve divorce and child custody, but these are far from the only topics in family law. This legal field encompasses a wide range of issues that concern family structures, interpersonal relationships, and the well-being of children.

Because of the stakes involved, these cases require careful handling. Family courts handle sensitive problems while prioritizing the well-being of all parties, especially in matters of child neglect or child abuse.

Washington State Marriage and Divorce Laws

Washington laws cover three main options for ending or altering a marriage: annulment, legal separation, and divorce.

Annulment

When a legal annulment is granted, a marriage is treated as if it had never happened. RCW 26.09.040 allows marriages to be declared invalid if they were entered into under specific circumstances, such as:

• One party was underage
• Either party was already married
• The marriage was based on fraud
• One party lacked the mental capacity to consent
• The marriage was performed without proper legal authority

When this option is available, an annulment can be less complicated than a legal separation or divorce.

Legal Separation

Couples who wish to live apart but aren't ready for divorce can pursue a legal separation. RCW 26.09.020 allows married couples to establish legally binding arrangements regarding property, finances, and children without dissolving the marriage.

Some couples prefer legal separation for religious reasons. Others need some time apart before deciding whether to reconcile or end the marriage. Some choose this option because a divorce would affect their health insurance eligibility or other benefits. A legal separation can later be converted to a divorce.

Divorce

Washington is a no-fault divorce state, which means that neither party needs to prove wrongdoing. Under RCW 26.09.006, couples must only state that their marriage is "irretrievably broken."

A divorce decree will typically include decisions on child custody, spousal support, and the division of assets and debts.

Financial Matters and Property Division in Divorce

Divorce affects more than just your immediate finances. Property division, retirement accounts, and potential future financial needs all play crucial roles.

As a community property state, Washington views most assets acquired during marriage as belonging equally to both spouses. However, some assets may qualify as separate property, such as those that one spouse owned before the marriage and did not combine with marital assets. Proving that an asset is separate property requires careful documentation.

Protecting Your Children's Future

Beyond basic custody and support arrangements, many family law cases involve sensitive decisions that affect a child's life and welfare.

Child Custody and Visitation

Washington courts prioritize children's best interests in every custody decision, and so does our team at Hodgson Law Office. We help parents create stable, workable arrangements that support healthy parent-child relationships through:

• Physical custody agreements
• Legal decision-making rights
• Visitation schedules
• Modifications due to parental relocation

Child Support Matters

Child support ensures both parents contribute to their children's well-being. Beyond basic financial needs, courts consider the following:

• Medical expenses
• Educational costs
• Childcare expenses
• Special needs requirements

Emergency Protection Orders

When safety concerns arise, immediate legal protection becomes crucial. Washington courts can grant these protective measures:

• Domestic violence protection orders
• No-contact orders
• Emergency custody modifications
• Temporary restraining orders

Special Family Law Situations

Some families face additional challenges when dealing with legal matters. When that happens, an experienced family law attorney can make a difference.

Same-Sex Family Matters

Washington family law protects all families. We handle:

• Separations and divorces
• Domestic partnership dissolutions
• Adoption proceedings
• Property division
• Child custody arrangements

International Family Cases

Cross-border family matters require knowledge of international law. Our attorneys advise on:

• International custody disputes
• Foreign marriage recognition
• Immigration implications
• Cross-border support enforcement

Your Local Legal Resources

While there is no substitute for a lawyer’s advice, you can access local resources to prepare yourself for what’s to come. Here are some helpful tools and services:

• Washington Courts Family Law Handbook: A comprehensive guide covering divorce, custody, and support basics in Washington state.
• Washington Child Support Calculator: Quick estimates of potential child support payments based on Washington state guidelines.
• Spokane County Family Court Facilitator: Assistance with family law forms and basic legal information.

You can also turn to community resources in Spokane for emotional and social support during your family law case.

Washington State Regulations and Requirements

These are some ways that state requirements in Washington could affect the outcome of your family law matter.

Residency Requirements

Under RCW 26.09.030, at least one spouse must be a resident of Washington state or a member of the armed forces stationed in Washington when filing for divorce. There's no minimum residency period, although you might need to provide evidence, such as a Washington driver’s license, that you consider the state your home.

Community Property Laws

Washington is a community property state under RCW 26.16.030. Property and debts acquired during marriage are generally considered jointly owned, while separate property acquired before marriage or through inheritance typically remains individual property.

Court Procedures

Washington imposes a mandatory 90-day waiting period after filing and serving divorce papers before finalizing any dissolution. All family law matters must be filed in Superior Court.

Local Requirements

Counties may have additional local rules. In Spokane County, parties must complete parenting classes if children are involved and participate in mediation before trial unless exempted.

Take the Next Step to Protect Your Rights

Every family law matter deserves careful attention and experienced guidance. Whether you’re filing for divorce, seeking child custody, or need a protection order, we're here to help you move forward.

At Hodgson Law Office, we combine legal acumen with compassionate support. Your initial consultation is free, and you'll leave understanding your options and next steps. Contact us to discuss your situation.