S-216                 _______________________________________________

                                                   SENATE BILL NO. 5349

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Craswell, Rasmussen, Smith, Stratton and Cantu

Read first time 1/20/89 and referred to Committee on   Law & Justice.

AN ACT Relating to dissolution of marriage; and amending RCW 26.09.030 and 26.09.020.

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

        Sec. 1.  Section 3, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.030 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) Adultery on the part of the wife or husband and the petition for dissolution was filed within one year from the discovery of the adultery by the party who petitioned for a dissolution;

(b) Impotency;

(c) Abandonment for one year;

(d) Physical or emotional abuse of either party by the other;

(e) Habitual substance abuse of either party; or

(f) The neglect or refusal of the husband to adequately provide for his family.

(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.  Section 2, chapter 157, Laws of 1973 1st ex. sess. as last amended by section 2, chapter 45, Laws of 1983 1st ex. sess. and RCW 26.09.020 are each 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;

          (c) If the parties are separated the date on which the separation occurred;

          (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 custody, visitation 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 social and health services.