S-1188

AN ACT Relating to dissolution of marriage; amending RCW 26.09.030, 26.09.080, 26.09.090, 26.09.100, and 26.09.140; and reenacting and amending RCW 26.09.020.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 26.09.030 and 1973 1st ex.s. c 157 s 3 are each amended to read as follows:

(1) When a party who is a resident of this state or who is a member of the armed forces and is stationed in this state, petitions for a dissolution of marriage, and ((~~alleges that the marriage is irretrievably broken and~~)) when ninety days have elapsed since the petition was filed and from the date when service of summons was made upon the respondent or the first publication of summons was made, the court ((~~shall proceed as follows:~~

~~(1) If the other party joins in the petition or does not deny that the marriage is irretrievably broken, the court shall enter a decree of dissolution.~~

~~(2)~~)) may grant a dissolution of the marriage for one of the following reasons:

(a) The consent to the marriage of the party filing the petition for dissolution was obtained by force, duress, or fraud of the other party and the petition is filed (i) within two years after the marriage is solemnized if the force or duress has ceased or (ii) within two years after the party filing the petition has knowledge of the fraud;

(b) The party filing the petition for dissolution was incapable of consenting to the marriage because of physical or mental incompetence and the petition is filed (i) within two years after the marriage is solemnized if the person filing the petition is still incapable or (ii) within two years after the party filing the petition has become competent;

(c) The party filing the petition for dissolution was under the age of seventeen years at the time the marriage was solemnized and the petition is filed (i) within two years after the marriage is solemnized or (ii) within two years after the party filing the petition reaches the age of seventeen years;

(d) The petition for dissolution is filed within two years after the party filing the petition has knowledge of an act of adultery by the other party;

(e) The party filing the petition for dissolution did not know at the time of marriage that the other party was or was likely to become impotent, and the petition is filed within two years after the party filing the petition has knowledge of the impotence of the other party;

(f) The party filing the petition for dissolution did not know at the time of marriage that the other party was infected with a sexually transmitted disease, including AIDS, syphilis, gonorrhea, herpes II, chancroid, and other venereal diseases, and the other party did not contract the disease from the filing party, or if the other party became infected with the disease after the marriage the other party did not contract the disease from the filing party, and the petition is filed within two years after the party filing the petition has knowledge of the infection of the other party;

(g) The party filing the petition for dissolution did not know at the time of marriage that the other party was infected with a fatal disease, a contagious, infectious, or communicable disease, or a disease specifically named in chapters 248-100 and 248-101 WAC, the other party did not contract the disease from the filing party, and the petition is filed within two years after the party filing the petition has knowledge of the infection of the other party;

(h) The other party has abandoned the relationship or has disappeared for one or more years at the time the party who has been abandoned or left alone files the petition for dissolution;

(i) The petition for dissolution is filed within two years after the party filing the petition has knowledge of an habitual and ongoing addiction to alcohol or drugs of the other party;

(j) The other party continually neglects or refuses to make provision for the family and at the time the filing party files the petition for dissolution there is no reasonable expectation that the neglect or refusal will cease;

(k) The other party has been imprisoned in a state, federal, or foreign prison for two or more years at the time the filing party files the petition for dissolution and the petition is filed during the term of imprisonment of the other party;

(l) The filing party or a minor natural, adopted, step, or foster child residing in the home of a party has been subject to continual physical abuse or extreme mental cruelty, or a child has been subject to sexual abuse, and at the time the petition for dissolution or legal separation is filed there is no reasonable expectation that the abuse or cruelty will cease; and

(m) The petition for dissolution is filed within two years after the party filing the petition has knowledge that the other party has been determined to be legally insane.

(2) A dissolution may be granted, without regard to fault by either party, to either or both parties in all cases where parties have lived separate and apart from each other for two consecutive years before filing the petition for dissolution.

(3) If the other party alleges that the petitioner was induced to file the petition by fraud, or coercion, the court shall make a finding as to that allegation and, if it so finds shall dismiss the petition.

(((3) If the other party denies that the marriage 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 and shall:

~~(a) Make a finding that the marriage is irretrievably broken and enter a decree of dissolution of the marriage; or~~

(b) At the request of either party or on its own motion, transfer the cause to the family court, refer them to another counseling service of their choice, and request a report back from the counseling service within sixty days, or continue the matter for not more than sixty days for hearing. If the cause is returned from the family court or at the adjourned hearing, the court shall:

~~(i) Find that the parties have agreed to reconciliation and dismiss the petition; or~~

(ii) Find that the parties have not been reconciled, and that either party continues to allege that the marriage is irretrievably broken. When such facts are found, the court shall enter a decree of dissolution of the marriage.))

(4) 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 or declaration of invalidity.

Sec. 2. RCW 26.09.020 and 1989 1st ex.s. c 9 s 204 and 1989 c 375 s 3 are each reenacted and amended to read as follows:

(1) A petition in a proceeding for dissolution of marriage, legal separation, or for a declaration concerning the validity of a marriage, shall allege the following:

(a) The last known residence of each party;

(b) The date and place of the marriage;

(d) The names, ages, and addresses of any child dependent upon either or both spouses and whether the wife is pregnant;

(e) Any arrangements as to the residential schedule of, decision making for, dispute resolution for, and support of the children and the maintenance of a spouse;

(f) A statement specifying whether there is community or separate property owned by the parties to be disposed of;

(g) The relief sought;

(h) The statutory ground upon which a dissolution is sought.

(2) Either or both parties to the marriage may initiate the proceeding.

(3) The petitioner shall complete and file with the petition a certificate under RCW 70.58.200 on the form provided by the department of health.

Sec. 3. RCW 26.09.080 and 1989 c 375 s 5 are each amended to read as follows:

In a proceeding for dissolution of the marriage, legal separation, declaration of invalidity, or in a proceeding for disposition of property following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court shall((~~, without regard to marital misconduct,~~)) make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors including, but not limited to:

(1) The nature and extent of the community property;

(2) The nature and extent of the separate property;

(3) The duration of the marriage; ((~~and~~))

(4) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time; and

(5) The nature and extent of marital misconduct.

Sec. 4. RCW 26.09.090 and 1989 c 375 s 6 are each amended to read as follows:

(1) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse. The maintenance order shall be in such amounts and for such periods of time as the court deems just((~~, without regard to marital misconduct,~~)) after considering all relevant factors including but not limited to:

(a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;

(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his skill, interests, style of life, and other attendant circumstances;

(d) The duration of the marriage;

(e) The age, physical and emotional condition, and financial obligations of the spouse seeking maintenance; ((~~and~~))

(f) The ability of the spouse from whom maintenance is sought to meet his needs and financial obligations while meeting those of the spouse seeking maintenance; and

(g) The nature and extent of marital misconduct.

Sec. 5. RCW 26.09.100 and 1990 1st ex.s. c 2 s 1 are each amended to read as follows:

In a proceeding for dissolution of marriage, legal separation, declaration of invalidity, maintenance, or child support, after considering all relevant factors ((~~but without regard to marital misconduct~~)), the court shall order either or both parents owing a duty of support to any child of the marriage dependent upon either or both spouses to pay an amount determined under chapter 26.19 RCW. The court may require periodic adjustments of support. The adjustment provision may be modified by the court due to economic hardship.

Sec. 6. RCW 26.09.140 and 1973 1st ex.s. c 157 s 14 are each amended to read as follows:

The court from time to time after considering the financial resources of both parties and the nature and extent of marital misconduct may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this chapter and for reasonable attorney's fees or other professional fees in connection therewith, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or enforcement or modification proceedings after entry of judgment.

Upon any appeal, the appellate court may, in its discretion, order a party to pay for the cost to the other party of maintaining the appeal and attorney's fees in addition to statutory costs.

The court may order that the attorney's fees be paid directly to the attorney who may enforce the order in his name.