1710.E

AN ACT Relating to dissolution of marriage; amending RCW 26.09.010, 26.09.030, 26.12.170, and 26.12.172; reenacting and amending RCW 26.09.150; and adding a new section to chapter 26.04 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 26.04 RCW to read as follows:

The county auditor's office may retain a list or brochures of public and private community resources that provide premarital compatibility counseling. The list or brochures may be made available to applicants for a marriage license or other members of the public. The county auditor may mail a copy of the list or brochures when sending applications in the mail to an applicant.

Sec. 2. RCW 26.09.010 and 1989 c 375 s 1 are each amended to read as follows:

(1) Except as otherwise specifically provided herein, the practice in civil action shall govern all proceedings under this chapter, except that trial by jury is dispensed with.

(2) A proceeding for dissolution of marriage, legal separation or a declaration concerning the validity of a marriage shall be entitled "In re the marriage of . . . . . . and . . . . . ." Such proceeding ((~~may~~)) shall be filed in the superior court of the county where ((~~the petitioner~~)) either party resides.

(3) In cases where there has been no prior proceeding in this state involving the marital status of the parties or support obligations for a minor child, a separate parenting and support proceeding between the parents shall be entitled "In re the parenting and support of . . . . . ."

(4) The initial pleading in all proceedings under this chapter shall be denominated a petition. A responsive pleading shall be denominated a response. Other pleadings, and all pleadings in other matters under this chapter shall be denominated as provided in the civil rules for superior court.

(5) In this chapter, "decree" includes "judgment".

(6) A decree of dissolution, of legal separation, or a declaration concerning the validity of a marriage shall not be awarded to one of the parties, but shall provide that it affects the status previously existing between the parties in the manner decreed.

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

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, ninety days have elapsed if there are no minor children from the marriage, or one hundred eighty days have elapsed if there are minor children from the marriage, 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) 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.

(5) The court may enter a decree of dissolution under this section only if one of the parties is present at the final hearing on the petition.

Sec. 4. RCW 26.09.150 and 1989 1st ex.s. c 9 s 205 and 1989 c 375 s 30 are each reenacted and amended to read as follows:

A decree of dissolution of marriage, legal separation, or declaration of invalidity is final when entered, subject to the right of appeal. An appeal which does not challenge the finding that the marriage is irretrievably broken or was invalid, does not delay the finality of the dissolution or declaration of invalidity and either party may remarry pending such an appeal.

No earlier than six months after entry of a decree of legal separation, on motion of either party, the court shall convert the decree of legal separation to a decree of dissolution of marriage if one of the parties is present at the hearing on the motion. The clerk of court shall complete the certificate as provided for in RCW 70.58.200 on the form provided by the department of health. On or before the tenth day of each month, the clerk of the court shall forward to the state registrar of vital statistics the certificate of each decree of divorce, dissolution of marriage, annulment, or separate maintenance granted during the preceding month.

Upon request of a party whose marriage is dissolved or declared invalid, the court shall order a former name restored or the court may, in its discretion, order a change to another name.

Sec. 5. RCW 26.12.170 and 1994 c 267 s 3 are each amended to read as follows:

To facilitate and promote the purposes of this chapter, family court judges and court commissioners may order or recommend family court services, ((~~parenting seminars,~~)) drug and alcohol abuse evaluations and monitoring of the parties through public or private treatment services, other treatment services, the aid of physicians, psychiatrists, other specialists, or other services or may recommend the aid of the pastor or director of any religious denomination to which the parties may belong. Subject to the limitations provided in RCW 26.12.172, family court judges and court commissioners shall order the parties to attend a parenting seminar if the parties have minor or dependent children. The court may waive the requirement if a parenting seminar is not reasonably available to the parties or the parties lack the ability to pay for the seminar.

If the court has reasonable cause to believe that a child of the parties has suffered abuse or neglect it may file a report with the proper law enforcement agency or the department of social and health services as provided in RCW 26.44.040. Upon receipt of such a report the law enforcement agency or the department of social and health services will conduct an investigation into the cause and extent of the abuse or neglect. The findings of the investigation may be made available to the court if ordered by the court as provided in RCW 42.17.310(3). The findings shall be restricted to the issue of abuse and neglect and shall not be considered custody investigations.

Sec. 6. RCW 26.12.172 and 1994 c 267 s 5 are each amended to read as follows:

Any court rules adopted for the implementation of parenting seminars shall include the following provisions:

(1) In no case shall opposing parties be required to attend seminars together;

(2) Upon a showing of domestic violence or abuse which would not require mutual decision making pursuant to RCW 26.09.191((~~, or that a parent's attendance at the seminar is not in the children's best interests~~)), the court shall ((~~either:~~

~~(a) Waive the requirement of completion of the seminar; or~~

~~(b)~~)) provide an alternative((~~, voluntary~~)) parenting seminar for battered spouses and for the batterers; and

(3) The court may waive the seminar for good cause or upon a showing that a parent's attendance at the seminar is not in the children's best interests.