Dissolution of marriage or Divorce

The dissolution of a marriage contracted between a man and a woman, by the judgment of a court of competent jurisdiction, or (Obs.) by an act of the legislature. It is so called from the diversity of the minds of those who are married; because such as are divorced go each a different way from the other. Until a decree of divorce be actually made, neither party can treat the other as sole, even in cases where the marriage is utterly null and void for some preexisting cause. A decree of divorce must also be made during the lifetime of both the parties. After the decease of either the marriage will be deemed as legal in all respects. Family law has many dimensions and is influenced by legal as well as social and economic factors. Laws affecting relationships may change as traditions and attitudes evolve. Because these laws are complex and subject to change, this pamphlet is intended to provide general information only; it is not a substitute for legal advice.

Divorces are of two kinds:
A vinculo matrimonii, which dissolves and totally severs the marriage tie;
A Mensa et thoro, which merely separates the parties.
In the United States, divorces a vinculo are granted by the courts to which such jurisdiction is given, for certain causes particularly provided for by law.

Ending a Marriage
Various procedures may be used to end a marriage that breaks down, including annulment, separation and dissolution. Annulment is a court-ordered dissolution of an invalid marriage. Technically called a "Decree of Invalidity," it nullifies a marriage from its inception and is granted in situations where no valid marriage exists because of some legal defect.

The effects of Divorce:
The effects of a divorce a vinculo on the property of the wife, are various in the several states. When the divorce is for the adultery or other criminal acts of the husband, in general the wife's lands are restored to her; when it is caused by the adultery or other criminal act of the wife, the husband has in general some qualified right of curtsey to her lands; when the divorce is caused by some preexisting cause, as consanguinity, affinity or impotence, in some states, the lands of the wife are restored to her. At common law, a divorce a vinculo matrimonii bars the wife of dower; but not a divorce Mensa et, thoro, though for the crime of adultery. If land be given to a man and his wife, and the heirs of their two bodies begotten, and they are divorced a vinculo, etc., they shall neither of them have this estate, but be barely tenants for life, notwithstanding the inheritance once vested in them. If a lease be made to husband and wife during covertures, and the husband sows the land, and afterwards they are divorced a vinculo, etc., the husband shall have the embalmment in that case, for the divorce is the act of law. As to personality, the rule of the common law is, if one marry a woman who has goods, he may give them or sell them at his pleasure.

Legal Procedures
Ending a marriage involves many legal considerations. Technically, an attorney is not required for the process, but a lawyer's skill and experience can be helpful to a person contemplating separation or divorce. A lawyer's advice may be especially beneficial in cases that are contested or that involve children and property settlements.
To start a dissolution proceeding, one spouse (called the "petitioner") must file with the court a summons and "petition" for dissolution of marriage. This document is then served on the other spouse usually by having copies delivered to him or her. All issues must be settled in order to finish a case. If terms cannot be negotiated between spouses, a trial will be held to decide any disputes. If spouses agree on a settlement and no aspect of the dissolution is contested, the case does not have to go to trial.

Parenting Plan
The parents may make an agreed parenting plan, or each parent may propose opposing plans. The court considers the best interests of the children in determining how to provide for the children.

Child Support
Both parents have a duty to support their children. Child support is subject to periodic modification to meet changes in the needs of the children, as well as changes in each parent's ability to pay. Child support payments are usually required until a child is 18 years old, or graduates from high school, whichever occurs last, although circumstances may affect the duration of the support obligation.

Division of Property
There is no fixed method for determining how property should be divided. All assets real and personal, tangible and intangible are available for distribution. As a community-property state, Washington laws provide for "just and equitable" division of property acquired during a marriage; it does not necessarily require an equal division. Under some circumstances, the court may also apportion separate property. If the husband and wife negotiate an agreement, the court will probably approve it. If no settlement is reached, the court will decide how to divide the property. Property settlement agreements are binding and generally cannot be modified.

Court Orders
Like any judicial order, a judgment for dissolution will be enforced by the court. Various legal remedies are available. Persons who willfully refuse to comply with court orders may be held in contempt and jailed or fined. Child-support orders will be enforced by way of mandatory payroll deduction. This will be paid to the Washington State Child Support Registry from the inception of the order, unless the court finds that there is good cause to believe that the support will be voluntarily paid directly to the other parent on a timely basis.

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