Wyoming Divorce Laws

Residency Requirements for Divorce in Wyoming

1. The spouse filing for divorce must have been a resident of Wyoming for 60 days immediately prior to filing or
2. the marriage must have been performed in Wyoming and the spouse filing must have resided in Wyoming from the time of the marriage until the time of the filing. The divorce may be filed for in the county where either spouse lives. There is a waiting period of 20 days after filing before a divorce will be granted

Legal Grounds for Divorce in Wyoming

1. No Fault Divorce: Irreconcilable differences
2. General Divorce: Confinement for incurable insanity for 2 years

Legal Separation in Wyoming
The grounds for legal separation are the same as for divorce. The spouse filing for legal separation must have been a resident of Wyoming for 60 days immediately prior to filing or the marriage must have been performed in Wyoming and the spouse filing must have resided in Wyoming from the time of the marriage until the time of the filing. The legal separation may be filed for in the county where either spouse lives.

Simplified/Special Divorce Procedures in Wyoming
A sample Complaint for Divorce form is contained in Wyoming Rules of Civil Procedure, Appendix of Forms, Form #15. Financial Affidavits are required to be filed by both parents if child support is an issue in the case.

Divorce Mediation in Wyoming
There are no mediation or counseling requirements in Wyoming.

Divorce Property Distribution
Wyoming is an "equitable distribution" state. All of the spouse's property will be divided in an equitable manner, including property acquired prior to the marriage, gifts, and inheritances, based on a consideration of the following factors:

1. the economic circumstances of each spouse at the time the division of property is to become effective
2. how and by whom the property was acquired
3. the merits of each spouse
4. the burdens imposed upon either spouse for the benefit of the children or the spouses
5. any other factor necessary to do equity and justice between the spouses

Alimony and Spousal Support
Either spouse may be awarded alimony in the form of a specific sum or property after consideration of the other's ability to pay. Real estate or profits from real estate may be ordered transferred to the other spouse for alimony for life. Marital fault is not a factor. No other factors are specified in the statute.

Spouse's Name After Divorce
There is no statutory provision in Wyoming for the restoration of a wife's name upon divorce. However, there is a general statutory provision for name change upon petitioning the court.

Child Custody After Divorce
Child custody may include joint, sole, or shared custody, as long as it is in the best interests of the child. Child custody will be awarded according to what appears to be most expedient and beneficial for the well-being of the child. The sex of the parent is not to be considered. Other factors to be considered are:

1. the quality of the relationship of the child with each parent
2. the ability of each parent to provide adequate care for each child and to relinquish care to the other parent as specified
3. how the child and each parent can best maintain and strengthen their relationships
4. how the child and each parent interact and communicate and how such may be improved
5. the ability and willingness of each parent to allow the other to provide care without intrusion
6. the geographic distances between the parents' homes
7. the current physical and mental ability of each parent to care for the child
8. any other necessary or relevant factors

If both parents are considered fit, the court may order any custody arrangement that encourages the parents to share in the rights and responsibilities of child-rearing.

Child Support After Divorce
Either parent may be ordered to pay child support. A trustee may be appointed to invest the support payments and apply the income to the support of the children. Child support payments shall be ordered to be paid through the clerk of the district court. A court may order income withholding to guarantee any child support payments. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances in a case. Deviation from the guidelines will be allowed after a consideration of the following factors:

1. the age of the child
2. the cost of necessary childcare
3. any special health care or educational needs of the child
4. the responsibility of either parent for the support of others
5. the value of services contributed by either parent
6. any pregnancy expenses
7. visitation transportation costs
8. the ability of parents to provide health insurance through employment benefits
9. the amount of time the child spends with each parent
10. other necessary expenses for the child's benefit
11. the relative net income and financial condition of each parent
12. whether a parent has violated any terms of the divorce decree
13. whether either parent is voluntarily unemployed or underemployed
14. any other relevant factors

Wisconsin Divorce Laws

Residency Requirements for Divorce in Wisconsin
One of the spouses must have been a resident of Wisconsin for 6 months and of the county for 30 days immediately prior to filing where the divorce is filed. No hearing on the divorce will be scheduled until 120 days after the defendant is served the summons or after the filing of a joint petition.

Legal Grounds for Divorce in Wisconsin

1. No Fault Divorce: Irretrievable breakdown of the marriage. The irretrievable breakdown of the marriage may be shown by:
   1. a joint petition by both spouses requesting a divorce on these grounds
   2. living separate and apart for 12 months immediately prior to filing; or
   3. if the court finds an irretrievable breakdown of the marriage with no possible chance at reconciliation
2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for divorce in Wisconsin.

Legal Separation in Wisconsin
Irretrievable breakdown of the marriage is the only grounds for legal separation in Wisconsin. The residency requirements are the same as for divorce.

Simplified/Special Divorce Procedures in Wisconsin
The spouses may file a joint petition for divorce in which they both consent to personal jurisdiction of the court and waive service of process. A copy of a guide to Wisconsin Court procedures for obtaining a divorce is to be provided to the spouses upon filing for divorce. In all cases, a financial disclosure form must be filed. Also, if children are involved, an official child support form (which is available from the court clerk) must be filed with the petition. In addition, separation agreements are specifically authorized by law. Finally, in cases in which both spouses agree that the marriage is broken and have agreed on all material issues, the case may be held before a family court commissioner.

Divorce Mediation in Wisconsin
The court must inform the spouses of the availability of counseling services. Upon request or on the court's own initiative, the court may order counseling and delay the divorce proceedings for up to 90 days. If custody of a child is a contested issue, mediation is required. If joint custody is requested, mediation may be required. In addition, the court may order parents in any child custody situation to attend an educational program on the effects of divorce on children.

Divorce Property Distribution
Wisconsin is now a "community property" state. There is a presumption that all marital property should be divided equally. Marital property is all of the spouse's property except separate property consisting of:

1. property inherited by either spouse
2. property received as a gift by either spouse; or
3. property paid for by funds acquired by inheritance or gift

The equal distribution may be altered by the court, without regard to marital misconduct, based on the following factors:

1. the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. the value of each spouse's separate property
3. the length of the marriage
4. the age and health of the spouses
5. the occupation of the spouses
6. the amount and sources of income of the spouses
7. the vocational skills of the spouses
8. the employability and earning capacity of the spouses
9. the federal income tax consequences of the court's division of the property
10. the standard of living established during the marriage
11. the time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment
12. any premarital or marital settlement agreements
13. any retirement benefits
14. whether the property award is instead of or in addition to maintenance
15. any custodial provisions for the children
16. any other relevant factor

The court may also divide any of the spouse's separate property in order to prevent a hardship on a spouse or on the children of the marriage.

Alimony and Spousal Support
Either spouse may be ordered to pay maintenance to the other spouse, without regard to marital misconduct. The factors for consideration are as follows:

1. the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. the duration of the marriage
3. the financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
4. the comparative financial resources of the spouses, including their comparative earning abilities
5. the contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. the tax consequences to each spouse
7. the age of the spouses
8. the physical and emotional conditions of the spouses
9. the vocational skills and employability of the spouse seeking maintenance
10. the length of absence from the job market of the spouse seeking maintenance
11. the probable duration of the need of the spouse seeking maintenance
12. any custodial and child support responsibilities
13. the educational level of each spouse at the time of the marriage and at the time the divorce is filed for
14. any mutual agreement between the spouses
15. any other relevant factor

The court may combine maintenance and child support payments into a single "family support" payment. The maintenance payments may be required to be paid through the clerk of the court.

Spouse's Name After Divorce
Upon request, either spouse's former name may be restored.

Child Custody After Divorce
Joint or sole child custody, "legal custody and physical placement," may be awarded based on the best interests of the child and the following:

1. the preference of the child
2. the wishes of the parents
3. the child's adjustment to his or her home, school, religion, and community
4. the mental and physical health of all individuals involved
5. the relationship of the child with parents, siblings, and other significant family members
6. any findings or recommendations of a neutral mediator
7. the availability of childcare
8. any spouse or child abuse
9. any significant drug or alcohol abuse
10. whether 1 parent is likely to unreasonably interfere with the child's relationship with the other parent
11. any parenting plan or other written agreement between the spouses regarding the child
12. the amount of quality time that each parent has spent with the child in the past
13. any changes that a parent proposes in order to spend more time with the child in the future
14. the age of the child and the child's developmental and educational needs
15. the cooperation and communication between the parents and whether either parent unreasonably refuses to cooperate with the other
16. the need for regularly-occurring and meaningful periods of physical placement in order to provide predictability and stability for the child
17. any other factors [except the sex and race of the parent]

Child Support After Divorce
Either or both parents may be ordered to pay child support and health care expenses. The factors to be considered are:

1. the financial resources of the child
2. the standard of living the child would have enjoyed if the marriage had not been dissolved
3. the physical and emotional conditions and educational needs of the child
4. the financial resources, earning capacity, needs, and obligations of the parents
5. the age and health of the child, including the need for health insurance
6. the desirability of the parent having custody remaining in the home as a full-time parent
7. the cost of daycare to the parent having custody if that parent works outside the home or the value of the childcare services performed by that parent
8. the tax consequences to each parent
9. the award of substantial periods of physical placement to both parents [joint custody]
10. any extraordinary travel expenses incurred in exercising the right to periods of physical placement
11. the best interests of the child
12. any other relevant factors

There are official guidelines and percentage standards for child support are available from the Wisconsin Department of Health and Social Services. The court may require that child support payments be guaranteed by an assignment of income, that the payments be made through the clerk of the court, or that health insurance be provided for the children. The court may also order a parent to seek employment. The court may order spousal maintenance and child support payments be combined into a "family support" payment.

West Virginia Divorce Laws

Residency Requirements for Divorce in West Virginia
One of the spouses must have been a resident of West Virginia for at least 1 year immediately prior to filing. However, if the marriage was performed in West Virginia and 1 spouse is a resident when filing, there is no durational time limit. The divorce should be filed for in the county:

1. in which the spouses last lived together
2. where the defendant lives if a resident; or
3. where the plaintiff lives, if the defendant is a non-resident

Legal Grounds for Divorce in West Virginia

1. No Fault Divorce:
   1. Irreconcilable differences have arisen between the spouses or
   2. living separate and apart without cohabitation and without interruption for 1 year
2. General Divorce:
   1. Adultery
   2. abandonment for 6 months
   3. alcoholism or drug addiction
   4. confinement for incurable insanity for 3 years
   5. physical abuse or reasonable apprehension of physical abuse of a spouse or of a child
   6. conviction of a felony
   7. cruel and inhuman treatment, including false accusations of adultery or homosexuality
   8. willful neglect of a spouse or a child
   9. habitual intemperance (drunkenness)

Legal Separation in West Virginia
The grounds for legal separation (separate maintenance) are the same as for divorce. One of the spouses must have been a resident of West Virginia for at least 1 year prior to filing for legal separation.

Simplified/Special Divorce Procedures in West Virginia
If 1 spouse files a verified complaint for divorce on the grounds of "irreconcilable differences," the other spouse may file a verified "answer" admitting the "irreconcilable differences" and a divorce will be granted. Circuit clerks are required to have supplies of an official "petition" and an "answer" form on hand, free of charge. No witnesses will be necessary for any proof for a divorce on the grounds of "irreconcilable differences." In other cases, witnesses will be required. The court may approve or reject a marital settlement agreement of the spouses. Standard financial disclosure forms are required to be filed.

Divorce Mediation in West Virginia
If the divorce involves a minor child, the court will order the parents to attend a parent education class to educate parents about the effects of divorce and custody disputes on children and teach parents methods to help children minimize their trauma.

Divorce Property Distribution
West Virginia is an "equitable distribution" state. Each spouse may retain his or her separate property:

1. acquired prior to the marriage
2. acquired by gift or inheritance during the marriage
3. any increase in value of the separate property
4. any property acquired in exchange for any separate property

Marital property, consisting of all other property acquired during the marriage, is to be divided equally and without regard to any marital misconduct. However, this equal division may be altered based on consideration of the following factors:

1. the contribution of each spouse to the acquisition, preservation, maintenance, or increase in value of the marital property, including the contribution of each spouse as homemaker and in childcare
2. the value of each spouse's separate property
3. the amount and sources of income of the spouses
4. the conduct of the spouses during the marriage only as it relates to the disposition of their property
5. the value of the labor per-formed in a family business, in the actual maintenance or improvement of tangible or intangible marital pro-perty
6. the contribution of 1 spouse towards the education or training of the other that has increased the income-earning ability of the other spouse
7. the foregoing by either spouse of employment or other income-earning activity through an understanding of the spouses or at the insistence of the other spouse
8. any other factor necessary to do equity and justice between the spouses

The court may, if necessary, award a spouse's separate property to the other spouse.

Alimony and Spousal Support
Either spouse may be ordered to provide the other spouse with alimony. Factors to be considered are:

1. whether the spouse seeking alimony is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment
2. time and ex-pense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
3. duration of the marriage
4. comparative financial resources of the spouses, including their comparative earning abilities in the labor market
5. amount of time the spouses actually lived together as wife and husband
6. tax consequences to each spouse
7. age of the spouses
8. physical and emotional conditions of the spouses
9. vocational skills and employability of the spouse seeking alimony
10. any custodial and child support responsibilities
11. educational level of each spouse at the time of marriage and at the time the action for divorce is commenced
12. cost of education of minor children and of health care for each spouse and the minor children
13. distribution of marital property
14. any legal obligations of the spouses to support themselves or others
15. present employment or other income of each spouse
16. whether either spouse has fore-gone or postponed economic, education, or career opportunities during the marriage
17. standard of living during the marriage
18. any financial or other contribution from 1 spouse to aid the education, training, vocational skills, career, or earning capacity of the other spouse
19. financial needs of each spouse
20. any other factor the court deems just and equitable

Marital misconduct of the spouses will be considered and compared. Alimony will not be awarded to any spouse who:

1. was adulterous
2. has been convicted of a felony during the marriage; or
3. deserted or abandoned his or her spouse for 6 months

The court may require health and/or hospitalization insurance coverage as alimony.

Spouse's Name After Divorce
Upon request, either spouse may resume the use of his or her former name.

Child Custody After Divorce
Either parent may be awarded custody. There is a presumption in favor of the parent who has been the primary caretaker of the child.The factors for consideration are:

1. the stability of the child
2. any parenting plans or other written agreement regarding child custody
3. the continuity of existing parent-child relationships
4. meaningful contact between the child and both parents
5. maintaining care by parents who love the child, know how to provide for the child's needs, and place a high priority on doing so
6. security from exposure to physical or emotional harm
7. predictable decision-making and avoidance of prolonged uncertainty regarding the child's care and control
8. fairness between the parents [as a secondary factor]

In addition, West Virginia provides specific guidelines for preparing Parenting Plans in the statute.

Child Support After Divorce
Either parent may be required to provide periodic child support payments, including health insurance coverage. These guidelines do not take into account the economic impact of the following factors that may be possible reasons for deviation:

1. special needs of the child or parent, including but not limited to, the special needs of a minor or adult child who is physically or mentally disabled
2. educational expenses for the child or the parent
3. families with more than 6 children
4. long-distance visitation costs
5. if the child resides with another person
6. needs of another child or children to whom the parent owes a duty of support
7. the extent to which the parent's income depends on nonrecurring or nonguaranteed income
8. whether the total of spousal support, child support, and childcare costs subtracted from a parent's income reduces that income to less than the federal poverty level

One of the parents may also be granted exclusive use of the family home and all the goods and furniture necessary to help in the rearing of the children. The court may require health and hospitalization insurance coverage as child support. Provisions for income withholding shall be included in every divorce decree to guarantee the support payments. Child support guidelines are available from the West Virginia Child Advocate Office and are in the statute. These guidelines are presumed to be correct, unless it is shown that the amount is unjust or inappropriate under the particular circumstances of a case.

Washington DC Divorce Law

Residency Requirements for Divorce in Washington DC
One of the spouses must have been a resident of Washington D.C. for 6 months immediately prior to filing for divorce. Military personnel are considered residents if they have been stationed in Washington D.C. for 6 months.

Legal Grounds for Divorce in Washington DC

1. No Fault Divorce:
   1. Mutual voluntary separation without cohabitation for 6 months
   2. living separate and apart without cohabitation for 1 year
   "Living separate and apart" may be accomplished under the same roof, if the spouses do not share bed or food.
2. General Divorce:
   1. Mutual voluntary separation without cohabitation for 6 months and
   2. living separate and apart without cohabitation for 1 year are the only grounds for divorce in Washington D.C.

Legal Separation in Washington DC
Legal separation (from bed and board) may be granted on the following grounds:

1. adultery
2. cruelty
3. voluntary separation
4. living separate and apart without cohabitation

One of the spouses must have been a resident for 6 months prior to filing for legal separation. Military personnel are considered residents if they have been stationed in Washington D.C. for 6 months.

Simplified/Special Divorce Procedures in Washington DC
There are no legal provisions in Washington D.C. for simplified divorce.

Divorce Mediation in Washington DC
The court may order either or both spouses to attend parenting classes in those cases in which child custody is an issue.

Divorce Property Distribution
Washington D.C. is an "equitable distribution" jurisdiction. If there is no valid property distribution agreement, each spouse retains his or her separate property (acquired before the marriage or acquired during the marriage by gift or inheritance) and any increase in such separate property and any property acquired in exchange for such separate property. All other property, regardless of how title is held, shall be divided equitably and reasonably, based on relevant factors, including:

1. the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. the length of the marriage
3. the occupation of the spouses
4. the vocational skills of the spouses
5. the employability of the spouses
6. the estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
7. the assets and debts of the spouses
8. any prior marriage of each spouse
9. whether the property award is instead of or in addition to alimony
10. any custodial provisions for the children
11. the age and health of the spouses
12. the amount and sources of income of the spouses

The conduct of the spouses during the marriage is not a factor for consideration.

Alimony and Spousal Support
Either spouse may be awarded alimony, during the divorce proceeding or after, if it is just or proper. There are no specific factors listed in the statute. However, martial fault may be considered.

Spouse's Name After Divorce
Upon request, the birth name or previous name may be restored.

Child Custody After Divorce
Sole or joint custody may be granted during and after a divorce proceeding based on the best interests of the child, without regard to spouse's sex or sexual orientation, race, color, national origin, or political affiliations. The following factors shall also be considered:

1. the preference of the child, if the child is of sufficient age and capacity
2. the wishes of the parents
3. the child's adjustment to his or her home, school, and community
4. the mental and physical health of all individuals involved
5. the relationship of the child with parents, siblings, and other significant family members
6. the willingness of the parents to share custody
7. the prior involvement of the parent in the child's life
8. the geographical proximity of the parents
9. the sincerity of the parent's request
10. the age and number of children
11. the demands of parental employment
12. the impact on any welfare benefits
13. any evidence of spousal or child abuse
14. the capacity of the parents to communicate and reach shared decisions affecting the child's welfare
15. the potential disruption of the child's social and school life
16. the parent's abililty to financially support a joint custody arrangement

There is a rebuttable presumption that joint interest is in the best interests of the child unless child abuse, neglect, parental kidnapping or other intrafamily violence has occurred. The court may order the parents to submit a written parenting plan for custody.

Child Support After Divorce
Either parent may be ordered to pay reasonable child support during and after a divorce proceeding. Detailed specific child support guidelines are contained in Title 16, Chapter 9, Sections 916.1 and 916.2. Variations from the official child support guidelines are allowed based on the following factors:

1. the child's needs are exceptional
2. the non-custodial parent's income is substantially less than the custodial parent's income
3. a property settlement between the parents provides resources for the child above the minimum support requirements
4. the non-custodial parent provides support for other dependents and the guideline amounts would cause hardship
5. the non-custodial parent needs a temporary reduction [of no longer than 12 months] in support payments to repay a substantial debt
6. the custodial parent provides medical insurance coverage
7. the custodial parent receives child support payments for other children and the custodial parent's household income is substantially greater than that of the non-custodial parent
8. any other extraordinary factors

Child support may be ordered to be paid through the Clerk of the Superior Court.

Washington State Divorce Laws

Residency Requirements for Divorce in Washington State
The spouse filing for dissolution of marriage must be a resident of Washington or a member of the Armed Forces stationed in Washington. The dissolution of marriage may be filed for in any county where either the petitioner or respondent resides. In addition, the court will not act on the petition until 90 days has elapsed from the filing and the service of summons on the respondent.

Legal Grounds for Divorce in Washington State

1. No Fault Divorce: Irretrievable breakdown of the marriage.
2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of marriage in Washington.

Legal Separation in Washington State
The only grounds for legal separation in Washington is the irretrievable breakdown of the marriage. The spouse filing for legal separation must be a resident of Washington or a member of the Armed Forces stationed in Washington. The court will not act on the petition until 90 days has elapsed from the filing and the service of summons on the respondent.

Simplified/Special Divorce Procedures in Washington State
All divorce cases must be filed on official Washington forms. The forms are available in printed version from the Washington Office of the Administrator for the Courts. Separation agreements are specifically authorized by law and, if fair, all portions of the agreements are binding on the court, except those relating to parental rights and responsibilities. The spouses must file a Washington Department of Health Certificate with the petition. There are also certain local court rules which apply to dissolutions of marriage. These are found in Washington Local Court Rules, Rule 94.04.

Divorce Mediation in Washington State
Upon the request of either of the spouses, or on the court's own initiative, the spouses may be referred to a counseling service of their choice. A report must be requested from the counseling service within 60 days of the referral. Contested issues relating to custody or visitation will be referred to mediation. There may also be mandatory settlement conferences if there are contested issues.

Divorce Property Distribution
Washington is a "community property" state. Each spouse retains his or her separate property, consisting of:

1. all property acquired prior to marriage
2. any gifts or inheritances
3. any increase in value of the separate property

"Quasi-community" property is property that is acquired while a spouse resides outside of Washington, but that would have been considered community property if acquired while they were living in Washington. "Quasi-community" property is divided as if it were community property. The court will divide the community property of the spouses, consisting of all other property acquired during the marriage, equally or equitably, after a consideration of the following:

1. the nature and extent of each spouse's separate property
2. the economic circumstances of each spouse at the time the division of property is to become effective
3. the length of the marriage
4. the nature and extent of community property
5. the desirability of awarding the family home and the right of occupancy for reasonable periods to the custodial parent if there are minor children

Marital misconduct is not to be considered.

Alimony and Spousal Support
Either spouse may be ordered to pay maintenance to the other spouse. Marital misconduct is not to be considered. The factors for consideration are:

1. the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. the standard of living established during the marriage
3. the duration of the marriage
4. the ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. the financial resources of the spouse seeking maintenance, including separate or community property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. the needs and obligations of each spouse
7. the age of the spouses
8. the physical and emotional conditions of the spouses
9. any child support responsibilities for a child living with the parent

Maintenance payments may be required to be paid through the clerk of the court or through the Washington State Support Registry if there are also child support payments being made.

Spouse's Name After Divorce
Upon request and for a just and reasonable cause, the wife's former or maiden name may be restored.

Child Custody After Divorce
Joint or sole child custody will be determined according to the best interests of the child. Every petition for dissolution of marriage in which a minor child is involved must include a proposed parenting plan. The parents may make an agreement regarding a parenting plan. The objectives of the parenting plan are to:

1. provide for the child's physical care
2. maintain the child's emotional stability
3. provide for the child's changing needs, as the child grows and matures, in a way that minimizes the need for future modifications
4. set out the authority and responsibility of each parent
5. minimize the child's exposure to harmful parental conflict
6. encourage the parents to reach agreements rather than go to court
7. otherwise protect the best interests of the child

The parenting plan should contain provisions for:

1. dispute resolution
2. a residential schedule for the child
3. allocation of decision-making authority relating to the child

The factors which are considered in determining decision-making authority are:

1. if both parents agree to mutual decision-making
2. the existence of any physical or sexual child or spouse abuse, neglect, or abandonment
3. the history of participation of each parent in the decision-making process
4. whether the parents have demonstrated an ability and desire to cooperate in the decision-making process
5. the parents' geographical proximity to each other, to the extent that it would affect their ability to make timely mutual decisions

The factors which are considered in determining residential provisions for the child are:

1. the strength, nature, and stability of the child's relationship with each parent, including the parent's performance of daily parental functions
2. any spouse or child abuse, neglect, or substance abuse
3. the history of participation of each parent in child-rearing
4. the wishes of the parents
5. the wishes of the child, if of sufficient age and maturity to express an opinion
6. the child's relationship with siblings and other significant family members
7. any agreement between the parties

Factor (1) is to be given the most weight. A mandatory settlement conference may be required.

Equal-time alternating residential provisions will only be ordered if:

1. there is no child or spouse abuse, neglect, abandonment, or substance abuse
2. the parents have agreed to such provisions
3. there is a history of shared parenting and cooperation
4. the parents are available to each other, especially in terms of geographic location
5. the provisions are in the best interests of the child

The court may order an investigation concerning parenting arrangements for the child.

Child Support After Divorce
Either parent may be ordered to pay child support. Marital misconduct is not a factor to be considered. All relevant factors may be considered. Official child support guidelines and worksheets are available from the Washington Department of Social and Health Services and from the clerk of the court. The official guidelines are presumed to be correct, unless there is a showing that the amount is unjust or inappropriate under the particular circumstances of a case. Mandatory wage assignments may be required if the child support payments are over 15 days past due. Child support payments may be required to be paid through the Washington State Support Registry or directly to the parent, if an approved payment plan is accepted by the court. The court may require either parent to provide health insurance coverage for the child.