Legal Question in Family Law in Washington

Filing for divorce without kids when kids are involved

My wife filed for divorce in Washington State with kids but part way through the process she changed her mind and filed in a different state for a divorce without kids and got it. The divorce now in Washington has been thrown out because they say we have already been divorced. How do I proceed to get any rights to see my kids?


Asked on 1/22/09, 3:48 pm

2 Answers from Attorneys
James Vasquez In Pacta, PLLC

Re: Filing for divorce without kids when kids are involved

The short answer is that you'll have to get the divorce decree entered in the other state vacated. You'll need to consult an attorney in that state.

Read more
Answered on 1/22/09, 5:18 pm
Christopher Steuart IT Forensics, Inc.

Re: Filing for divorce without kids when kids are involved

Mr. Vasquez's answer is correct. I would ask a few questions:

Did you file an answer to the WA petition before it was dismissed. If you did it can't be dismissed without a motion (with notice) and a hearing. You need to consult with an attorney in the other State about a motion to vacate that State's decree (on the basis of fraud-a material misrepresentation). If the children have not been out of WA for more than 6 months (and possibly even if they have been gone longer than that under these circumstance) you could file a petition for establishment of a parenting plan.

Read more
Answered on 1/22/09, 8:36 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Washington