Washington Bill to Consider Interests of Child Before Granting Divorce

No Divorce if not in Best Interests of Child -- Washington State bill

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HOUSE BILL 2950
_______________________________________________

State of Washington 54th Legislature 1996 Regular Session

By Representatives Stevens, Mulliken, Beeksma, Koster, McMahan and
Hargrove

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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