Washington State allows either spouse to initiate a divorce, which is legally referred to as a dissolution of marriage. While it is common for one spouse to start the process, the other spouse has the option to file a counterclaim and sue for divorce on their own terms. It is important to understand the nuances of counter-suing for divorce in Washington. Let’s take a closer look at what you need to know.
Filing a Response to Divorce
When your spouse files for a divorce, you will receive a Summons and a Petition for Dissolution of Marriage. It is crucial to respond within 20 days of receiving these documents. In your response, you have the opportunity to file a counterclaim for divorce. This means that you must present your own reasons for seeking a divorce and the specific terms you wish to pursue, including child custody, property division, and spousal support.
Grounds for Divorce in Washington
Washington State follows a "no-fault" divorce system, meaning that neither spouse needs to prove any wrongdoing in order to obtain a divorce. The sole requirement is that one spouse believes the marriage is "irretrievably broken". However, if you wish to file a counterclaim for divorce, you still need to provide a reason for the dissolution, such as adultery, abandonment, or cruelty.
Property Division
Divorces in Washington involve the division of property based on the concept of community property. This means that all assets and debts acquired during the marriage are considered joint property and subject to equal division between spouses. If your spouse has initiated the divorce and you disagree with their proposed division of property, you have the option to file a counter-claim and request a different distribution.
Child Custody
If you and your spouse share children, the divorce process also addresses child custody and support. If your spouse has filed for divorce but you want to contest their terms, you have the ability to file a counter-suit and request primary custody or a modification to the visitation arrangements. However, it is important to note that the court prioritizes the best interests of the children when making decisions regarding custody.
Alimony
Alimony, also known as spousal support, is another aspect of divorce where disagreements may arise. If your spouse has filed for divorce and you believe that their proposed support payments are inadequate, you have the option to file a counter-suit and request a different amount that you believe is more reasonable.
Seek Guidance from an Experienced Divorce Attorney
If you are contemplating a divorce or have already been served with divorce papers, it is crucial to consult with a knowledgeable divorce attorney. An attorney can help you understand your rights, navigate the divorce process, and provide guidance throughout negotiations or legal proceedings if required. If your spouse has filed for divorce and you wish to counter-sue, an attorney can assist you in building a strong case to protect your interests.
In conclusion, if your spouse has initiated a divorce in Washington, you have the right to file a counterclaim for divorce with your own set of terms and conditions. However, it is highly recommended to seek advice from an experienced divorce attorney who can ensure that you fully comprehend your rights and strive for the best possible outcome.