H-2553              _______________________________________________

                                                   HOUSE BILL NO. 1220

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representative Padden

Read first time 3/25/87 and referred to Committee on Judiciary.

AN ACT Relating to dissolution of marriage; amending RCW 26.09.030 and 26.09.150; and adding a new section to chapter 26.09 RCW.

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:

          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) 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)) may either:

          (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)) 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.

          (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.

NEW SECTION. Sec. 2.  A new section is added to chapter 26.09 RCW to read as follows:

          A decree of dissolution shall be granted only upon a showing by the party alleging the marriage is irretrievably broken of evidence admissible in a court of law which is capable of supporting by a preponderance of the evidence a finding that the marriage is irretrievably broken.

        Sec. 3.  Section 15, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.150 are each 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)) may make a finding that the marriage is irretrievably broken and convert the decree of legal separation to a decree of dissolution of marriage.  The clerk of court shall complete the certificate as provided for in RCW 70.58.200 on the form provided by the department of social and health services.  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 by a wife whose marriage is dissolved or declared invalid, the court shall order a former name restored and may, on motion of either party, for just and reasonable cause, order the wife to assume a name other than that of the husband.