6167.SL [atlas:SL]

CERTIFICATION OF ENROLLMENT

SENATE BILL 6167

Chapter 23, Laws of 1996

54th Legislature

1996 Regular Session

PETITIONS FOR DISSOLUTION OF MARRIAGE--JURISDICTION

EFFECTIVE DATE: 6/6/96

Passed by the Senate February 7, 1996

YEAS 49 NAYS 0

JOEL PRITCHARD

President of the Senate

Passed by the House February 26, 1996

YEAS 95 NAYS 0

CERTIFICATE

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6167 as passed by the Senate and the House of Representatives on the dates hereon set forth.

CLYDE BALLARD

Speaker of the

House of Representatives

MARTY BROWN

Secretary

Approved March 7, 1996

FILED

March 7, 1996 - 10:13 a.m.

MIKE LOWRY

Governor of the State of Washington

Secretary of State

State of Washington

_______________________________________________

SENATE BILL 6167

_______________________________________________

Passed Legislature - 1996 Regular Session

State of Washington 54th Legislature 1996 Regular Session

By Senators Smith, Johnson, Newhouse and Winsley

Read first time 01/08/96. Referred to Committee on Law & Justice.

AN ACT Relating to jurisdiction of petitions for dissolution of marriage; 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 (1) is a resident of this state, or ((~~who~~)) (2) is a member of the armed forces and is stationed in this state, or (3) is married to 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) 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.