Everett
Going through a divorce or dealing with a family law matter can be one of the most challenging experiences of your life. You don’t have to face it alone. At The Law Offices of Jason S. Newcombe, we understand the stress, uncertainty, and emotional toll these situations can bring. Whether you are filing for divorce, negotiating child custody, or seeking spousal support, having the right legal guidance is essential. Our Everett family law attorneys are here to provide clarity, support, and the dedicated representation you need to protect your future.
To help you navigate this complex process, we have compiled answers to some of the most frequently asked questions about divorce and family law in Everett. From how Washington’s community property laws impact asset division to the factors courts consider when determining child custody, this guide provides essential legal insights. Each answer is backed by Washington State statutes, ensuring you have reliable information as you move forward. If you have specific concerns about your case, contact our Everett law office today for a free consultation with one of our experienced divorce and family law attorneys.
Common Questions About Divorce in EverettDealing with a divorce or family law matter requires foundational knowledge so that you understand exactly what’s expected of you while protecting your legal rights. We offer the following information to help you get started.
- Who is eligible to file for divorce in Washington?
Washington allows residents, active-duty military members stationed in the state, or individuals married to a Washington resident or service member to file for divorce. A person must also state that the marriage is irretrievably broken to proceed with dissolution.
"When a party who is a resident of this state, or is a member of the armed forces and is stationed in this state... petitions for a dissolution of marriage or dissolution of domestic partnership, and alleges that the marriage or domestic partnership is irretrievably broken..." (RCW 26.09.030) - How long does the divorce process take?
Washington has a mandatory 90-day waiting period from the time the petition is filed and served before a divorce can be finalized. This waiting period allows both parties time to consider reconciliation or negotiate the terms of their divorce.
"When ninety days have elapsed since the petition was filed and from the date when service of summons was made upon the respondent... the court shall proceed as follows." (RCW 26.09.030) - What happens if one spouse does not agree to the divorce?
If one spouse denies that the marriage is irretrievably broken, the court will evaluate the situation and determine whether the divorce should proceed. The judge may consider counseling, family court intervention, or a temporary delay before deciding.
"If the other party denies that the marriage or domestic partnership is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospects for reconciliation." (RCW 26.09.030) - Can a spouse request legal separation instead of divorce?
If a petitioner requests legal separation instead of divorce, the court will grant it unless the other spouse objects and instead petitions for a full dissolution. This allows couples who are unsure about ending their marriage to pursue legal separation first.
"If the petitioner requests the court to decree legal separation in lieu of dissolution, the court shall enter the decree in that form unless the other party objects and petitions for a decree of dissolution." (RCW 26.09.030) - Can a judge deny a divorce if one spouse is pregnant?
Pregnancy cannot be used as a reason to deny or delay a divorce in Washington. If one spouse is pregnant at the time of divorce, the court may still grant the dissolution, and separate legal proceedings regarding paternity and child support can follow.
"A court shall not use a party's pregnancy as the sole basis for denying or delaying the entry of a decree of dissolution." (RCW 26.09.030)
Family law is complex and confusing, especially if you have little knowledge of the law or experience with the court. Below is a list of common legal issues related to divorce and family law, along with links to public resources for more information. We urge you to review all pertinent sections and then give us a call to discuss your situation without cost or obligation.
- Child Custody – In Washington, child custody is determined based on the best interests of the child. Courts consider factors such as the child’s relationship with each parent, the stability of each home, and any history of domestic violence or substance abuse. Custody arrangements are outlined in a parenting plan, which sets rules for decision-making and visitation schedules. Learn more about parenting plans in Washington at Washington Law Help:
https://www.washingtonlawhelp.org/resource/parenting-plans-general-info - Child Support – Washington law requires both parents to contribute financially to their children’s upbringing. Child support is calculated based on a formula that takes into account both parents’ incomes, the number of children, and additional expenses such as healthcare and childcare. For detailed information on child support calculations, visit the Washington State Department of Social and Health Services:
https://www.dshs.wa.gov/esa/division-child-support - Alimony (Spousal Maintenance) – Spousal maintenance, commonly known as alimony, is awarded based on factors such as the length of the marriage, the financial resources of each spouse, and their ability to support themselves after divorce. Washington law does not have a set formula for determining alimony, so awards vary by case. Read more about spousal maintenance on the Washington State Courts website:
https://www.courts.wa.gov/newsinfo/content/pdf/flhbmarriageedition.pdf - Contempt Motions (to Enforce Court Orders) – If a party does not comply with a court order, such as failing to pay child support or violating a custody agreement, the other party may file a contempt motion to enforce compliance. This can result in penalties, wage garnishments, or modifications to existing orders. Learn more about contempt motions and enforcement at Washington State Courts:
https://www.courts.wa.gov/forms/ - Prenuptial Agreements – A prenuptial agreement is a contract signed before marriage that outlines how assets and debts will be handled in the event of divorce. These agreements help protect individual financial interests and can prevent future disputes. Washington State laws on prenuptial agreements can be found here:
https://app.leg.wa.gov/rcw/default.aspx?cite=26.09.070 - Restraining Orders & No-Contact Orders – When domestic violence, harassment, or threats are present, a person can request a restraining or no-contact order for legal protection. These court orders restrict contact and can impose criminal penalties if violated. Information on obtaining a restraining order in Everett is available at the Snohomish County Superior Court:
https://snohomishcountywa.gov/552/Superior-Court - Divorce for Men (Father’s Rights) – Washington law does not favor one parent over the other based on gender, but fathers seeking custody or fair parenting time may need to assert their rights in court. Fathers can pursue joint custody or primary custody based on the child’s best interests. More information on child custody and father’s rights can be found at Washington Law Help:
https://www.washingtonlawhelp.org/resource/child-custody-and-parenting-plans - Divorce for Women – Women going through divorce may have concerns about financial security, child custody, and spousal support. Understanding Washington’s divorce laws and seeking legal guidance can help ensure a fair outcome. The Northwest Justice Project provides legal resources for women in Washington:
https://nwjustice.org/ - Community Property – Washington is a community property state, meaning that most assets and debts acquired during the marriage are considered jointly owned and are typically divided equally in a divorce. However, the court may adjust the division if fairness requires it. Learn more about community property laws from the Washington State Bar Association:
https://www.wsba.org/for-the-public/find-legal-help/marriage-and-divorce
Understanding these aspects of divorce and family law can help you make informed decisions about your case. If you need legal assistance in Everett, speaking with an experienced family law attorney can provide the guidance and support needed to navigate this process.
Divorce and Family Law in Everett, Washington: Key Legal TopicsBelow is an overview of common divorce and family law issues in Washington State, including the relevant statutes and key legal provisions that apply to cases in Everett.
- Child Custody – Washington courts determine child custody based on the best interests of the child, considering factors such as parental involvement, stability, and emotional bonds. Custody arrangements are outlined in a legally binding parenting plan.
Statute: RCW 26.09.187
Quote: "The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child." - Child Support – Washington law requires both parents to provide financial support for their children. The amount is determined by a statutory formula based on the parents’ incomes, the number of children, and additional expenses such as medical care and daycare.
Statute: RCW 26.19.020
Quote: "The child support schedule shall be advisory but shall be considered in the determination of child support." - Alimony (Spousal Maintenance) – Spousal maintenance may be awarded to help a financially dependent spouse transition after divorce. Courts consider factors such as the length of the marriage, the financial resources of both spouses, and their earning capacities.
Statute: RCW 26.09.090
Quote: "The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to misconduct, after considering all relevant factors." - Contempt Motions (to Enforce Orders) – If a party fails to comply with a court order related to child support, custody, or spousal maintenance, the other party may file a contempt motion to seek enforcement. Courts can impose penalties for noncompliance.
Statute: RCW 7.21.010
Quote: "Contempt of court means intentional... disobedience of any lawful judgment, decree, order, or process of the court." - Prenuptial Agreements – A prenuptial agreement is a legally binding contract entered into before marriage that outlines how property and financial matters will be handled in the event of divorce. These agreements help protect individual assets and prevent disputes.
Statute: RCW 26.09.070
Quote: "The parties may enter into a written separation contract providing for the maintenance of either of them, the disposition of any property owned by either of them." - Restraining Orders & No-Contact Orders – Courts issue restraining and no-contact orders to protect individuals from domestic violence, harassment, or threats. Violating these orders can lead to legal consequences, including criminal charges.
Statute: RCW 26.50.060
Quote: "Upon notice and after hearing, the court may provide relief as follows: Restrain the respondent from committing acts of domestic violence." - Divorce for Men (Father’s Rights) – Washington law does not favor one parent over the other based on gender. Fathers seeking custody or visitation rights must demonstrate that their involvement is in the best interest of the child.
Statute: RCW 26.09.187
Quote: "The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child." - Divorce for Women – Women going through divorce often face concerns about financial stability, child custody, and spousal support. Washington law ensures equitable treatment in divorce proceedings regardless of gender.
Statute: RCW 26.09
Quote: "In a proceeding for dissolution of marriage or legal separation... the court shall set forth in a decree a parenting plan for each minor child." - Community Property – Washington is a community property state, meaning that most assets and debts acquired during the marriage are considered jointly owned and must be divided equitably during a divorce. However, the court may adjust the division based on fairness.
Statute: RCW 26.16.030
Quote: "Property not acquired or owned as prescribed in RCW 26.16.010 and 26.16.020, acquired after marriage by either husband or wife or both, is community property."
What follows is more detailed information on some of the most common family law issues that people living in Everett are dealing with. Follow the links to check out more detailed information or jump to our website’s interior pages for a more exhaustive look at these issues.
How is property divided during a divorce?Washington follows community property laws, meaning that most assets and debts acquired during the marriage are considered jointly owned and are generally divided equally in a divorce. However, the court has the discretion to distribute assets in a way that is just and equitable rather than strictly equal, based on factors such as the financial situation of each spouse, the length of the marriage, and the contributions each party made to the marital estate. Separate property, such as inheritances, gifts, or assets acquired before the marriage, is typically not subject to division unless it was commingled with marital assets. More information on property division in Washington can be found in RCW 26.09.080:
https://app.leg.wa.gov/rcw/default.aspx?cite=26.09.080
Spousal maintenance, commonly referred to as alimony, is not automatically granted in Washington divorces. The court evaluates factors such as the financial resources of both spouses, the length of the marriage, the standard of living established during the marriage, and each spouse’s ability to earn a living after divorce. Longer marriages, especially those exceeding 25 years, are more likely to result in long-term or permanent spousal support awards, whereas short-term marriages may result in little to no maintenance. The goal of spousal maintenance is to provide financial stability to the lower-earning spouse while allowing them time to become self-sufficient. More details can be found in RCW 26.09.090:
https://app.leg.wa.gov/rcw/default.aspx?cite=26.09.090
Washington courts determine child custody based on the best interests of the child, prioritizing their emotional, physical, and mental well-being. Judges consider factors such as each parent’s ability to provide a stable home, their relationship with the child, any history of domestic violence, and the child’s preferences if they are of sufficient age and maturity. Custody arrangements are outlined in a parenting plan, which details residential schedules, decision-making responsibilities, and dispute-resolution methods. Courts generally prefer joint custody arrangements unless there are concerns about one parent’s fitness. More information is available in RCW 26.09.187:
https://app.leg.wa.gov/rcw/default.aspx?cite=26.09.187
Child support in Washington is based on a standardized formula that takes into account both parents’ incomes, the number of children, healthcare costs, daycare expenses, and other necessary child-related expenses. Washington provides a Child Support Schedule to ensure that support obligations are fair and consistent. While courts typically follow the established guidelines, they have the discretion to deviate if applying the formula would result in an unfair burden on either parent. Child support obligations continue until the child turns 18 or graduates from high school, whichever comes later. More details on child support laws can be found in RCW 26.19.020:
https://app.leg.wa.gov/rcw/default.aspx?cite=26.19.020
Washington law allows individuals to represent themselves in family law cases, but it is important to understand that doing so can be challenging, especially in cases involving child custody, spousal support, or complex property division. The court system provides self-help resources, legal aid services, and model court forms to assist those who choose to proceed without an attorney. However, navigating court procedures, filing deadlines, and legal arguments can be complicated, and mistakes may impact the outcome of your case. If your case involves significant assets, contested custody, or potential spousal maintenance, hiring an attorney is highly recommended. Information on representing yourself can be found in RCW 2.56.180:
https://app.leg.wa.gov/rcw/default.aspx?cite=2.56.180
Navigating a divorce or family law matter can be overwhelming, but you don’t have to go through it alone. At The Law Offices of Jason S. Newcombe, we are committed to helping individuals and families in Everett find practical legal solutions during difficult times. Whether you are facing a divorce, a child custody dispute, or questions about spousal support, our experienced legal team is here to guide you through every step of the process.
With more than 50 years of combined experience, we understand the complexities of Washington family law and are dedicated to protecting your rights and best interests. Take the next step toward resolving your legal issue by scheduling a free consultation with our Everett family law attorneys today.
At the Law Office of Jason S. Newcombe, our attorneys have more than half a century of combined experience. We can help you deal with this important matter, and will work diligently to achieve the best end result possible. Washington law is often complicated, but our Everett lawyers will help you understand how these laws apply to your situation so that you can make the best possible decisions regarding your case's outcome.
Our Washington State attorneys handle these areas of the law:
- Criminal Defense
- DUI (Drunk Driving)
- Divorce and Family Law
- Bankruptcy (Chapter 7 and 13)
- Traffic Violations (Speeding Tickets and Traffic Citations)
There are a number of events in life that require professional legal assistance from a qualified attorney. Due to the deeply personal nature of these events, it's important to retain a lawyer that you trust will serve your interests.
Our approach to legal representation is based upon compassion. Most of our clients have never been in trouble with the law, and quickly find themselves overwhelmed and filled with worry about the outcome of their case. We understand your concerns and are always available to meet your needs an answer your questions.
If you or a loved one is facing any of these serious legal matters, contact one of our Everett lawyers today for a free evaluation of your case. We won't pressure you in any way. Our goal is to answer your questions and help you decide whether you need our level of representation. If you choose to retain a professional litigator from our law office, we will aggressively pursue your interests, protect your legal rights, and do everything we can to resolve your case.
What do the best Everett lawyers say about hiring an attorney? They all agree that you should select someone that you implicitly trust. We urge you to talk to multiple attorneys about your situation, and pay attention to what they say so that you can make the best selection. If you do choose one of our Washington State attorneys, they will act as your personal advocate with the court and pursue a fair resolution to your case.
Everett, Washington is a great place to live, but it's important you understand the law
If you're searching for a lawyer, it's quite likely you've never had to seek legal representation before now. Whether you're considering a divorce, in trouble with the law, or looking for a way to get out of debt via bankruptcy, sometimes life takes an unexpected turn leaving you with no other choice than to enter a courtroom.
Everett, Washington is the 7th largest city in the state, with a population of over 100,000 people. The Historic District, waterfront, and proximity to Downtown Seattle makes Everett a great place to live and enjoy the mild climate. Not only does Everett boast a thriving economy, it is also steadily growing and expanding.
If you're a resident, business owner, or thinking about moving to the area, check out the Everett Chamber of Commerce website to learn more about opportunities and local business. There are numerous other online resources for locals and tourists interested in Everett and surrounding region.
If you're a resident of Everett, then you already know that it's a great place to live and raise a family. Seeing as how you're on this page, you are also in need of some legal guidance. Our Snohomish County lawyers are ready to help you address any legal issue you may be facing, but the following links may help you get some background information about the law and Washington's courts.
Minor crimes and traffic tickets are usually handled in the Everett Municipal Court. More serious crimes, divorces, bankruptcies, and some DUI cases will be heard in the Snohomish County District Court or Snohomish County Superior Court.
Undoubtedly, you are eager to put legal issues behind you and move on with your life. Keep in mind that patience in dealing with legal matters will usually work to your benefit. Our Snohomish County lawyers have handled hundreds of cases, and we typically know the “value” of a case once we have all of the facts. Sometimes it takes patience, or even going to court, to obtain the full value of a case, but we are never impatient when it comes to representing our clients. We also want you to get the best possible outcome. So we urge you to exercise the same level of patience.
When you work with one of our Everett attorneys, you never have to worry whether they're doing all they can to protect your legal rights.
The information presented on this page was written to help you establish a foundation of legal knowledge pertaining to your situation. Scroll down to the section that provides information about the legal arena you're stepping into. Once you understand the basics, contact our law office in Everett, and let us help you take the next step.
We will protect your interests and aggressively pursue justice on your behalf.
Crime, Everett, and YouEverett is in Snohomish County, and it's proximity to so many wonderful places in Washington State, make it a popular place to live. Not only can you drive to Seattle for a taste of the big city, you can also drive to many incredible outdoor locations for hiking, fishing, boating, and just about anything else you can think of. Best of all, Everett still retains the atmosphere of a much smaller community, which is important in such a rapidly growing region.
Not too long ago, Everett's crime rate was quite a bit higher than it is currently. However, it's still higher than the national average in some key areas. Like most cities, there are parts of Everett where crime is worse than in others. This crime mapping website created by Snohomish County shows where crimes are actually happening in Everett, and it can be a helpful tool to know what places to avoid.
Still, improvement is good, and it likely has to do with the regions ever-increasing quality of life, employment, and other factors. Bankruptcies and divorces are also decreasing in Western Washington on the whole, and this is also likely due to a better quality of life for the average resident.
When the housing crisis was impacting the entire country, Everett wasn't immune. However, a rebounding market has quickly made residential and commercial space in high demand, with prices skyrocketing in some areas. As the economy grows, so do people's ability to get the most out of their life, whether that be on a camping trip to the Olympic Coast or a trip to Seattle to visit the aquarium.
As local attorneys, we have seen how the ebb and flow of prosperity affects hard-working people. In 2009, we were inundated with bankruptcy cases from people who were just trying to save their homes. Today, we see a mix of cases and eagerly do whatever we can to help people who find themselves facing a legal matter with little knowledge of how to handle it.
This story about a recently foiled school shooting plot underscores that crime is a part of our daily life that we can't avoid. But for every person who deservedly goes to jail there are other people who either made a mistake, or are entirely innocent of the charges against them. This is why criminal law exists, and your rights are just as important as any other persons living in Everett.
Our attorneys are ready to help you with situations involving divorce, criminal law, bankruptcy, traffic tickets, and DUI. Contact us today for a free consultation and make sure your legal rights are protected.
