H-4730.1  _______________________________________________

                          HOUSE BILL 2950

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Representatives Stevens, Mulliken, Beeksma, Koster, McMahan, Hargrove, B. Thomas and Johnson

Read first time 02/05/96.  Referred to Committee on Law & Justice.

Requiring consideration of the best interests of the child in granting dissolutions.

    AN ACT Relating to considering the best interest of the child in dissolution; and amending RCW 26.09.030.

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:

    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)) may enter a decree of dissolution unless the entry of such a decree is not in the best interests of the children, if any.

    (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) The court may make a finding that the marriage is irretrievably broken and enter a decree of dissolution of the marriage unless the entry of such a decree is not in the best interests of the children, if any; or

    (b) At the request of either party or on its own motion, the court shall 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)) may either:

    (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)) may make a finding that the marriage is irretrievably broken and enter a decree of dissolution of the marriage unless the entry of such a decree is not in the best interests of the children, if any.

    (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, in which case the court may make a finding that the marriage is irretrievably broken and enter a decree of dissolution or declaration of invalidity, as appropriate, unless the entry of such a decree is not in the best interests of the children, if any.

(5) If a party has filed a petition for a decree of dissolution alleging that the marriage is irretrievably broken, the decree shall be granted only upon a showing by the filing party of evidence admissible in a court of law that is capable of supporting by a preponderance of the evidence a finding that the marriage is irretrievably broken.

(6) In deciding whether or not to grant a decree of dissolution when the petition has alleged that the marriage is irretrievably broken, the court shall take into consideration what is in the best interests of the parties and of the children, if any, and shall not enter a decree that is not in the best interests of the children.

(7) 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.

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