Out of State Divorce

Out of state divorce is now commonplace with our world is growing smaller everyday with the advances in technology, transportation, and with our interdependence on a more global economy. At TLC, we recognize that parties often start their lives in another state or country, then move to the State of Washington to find financial success and happiness. If you are a resident, or even physically present, in the State of Washington, you are subject to the laws of the State of Washington. Under the Uniform Child Custody Jurisdiction and Enforcement Act, Washington is in agreement with other U.S. states to enforce their child custody orders and parenting plans if the orders were obtained in accordance with rights of notice and due process to the other parent in the other state. Therefore, if you have a valid custody order from the State of California, Washington State will enforce your court order if you register the California decree in Washington State. If you obtained a divorce decree in Nevada, and you seek to enforce property, spousal support, or child support rights in the State of Washington against a resident here, or a person who owns property here, you may do so under the Uniform Enforcement of Foreign Judgments Act by filing your decree or judgment in the State of Washington.

Divorce is the term commonly used to describe the end of a marriage. Dissolution of Marriage is the legal term used to describe the end of a marriage as set forth in Revised Code of Washington Chapter 26.09. In the State of Washington, you can “dissolve” a marriage recognized by any other State in the United States or in any country in the world. In the ever evolving state of the law, Washington state does not recognize common law marriages, however, we will dissolve a common law marriage that may have been recognized in another State under another State’s laws.

Similarly, if you want your divorce recognized by a Foreign Country, that country must have a treaty with the United States agreeing to recognize our divorce laws. There are essentially two broad issues involved in the dissolution of any marriage. One issue is financial, the other issue is personal.

Virtually anyone who steps inside the State of Washington (with certain very limited exceptions) is subject to the jurisdiction of our laws, our police, our courts. If you reside here, you should register your out of state order here. If you reside in another state, but, your ex spouse, or the parent of your child resides here, and you want Washington State's assistance in enforcing your court order, you should register your out of state order in Washington State.

Similarly, if you obtained your marital dissolution in another country, it may be possible to enforce provisions of your foreign divorce decree or custody decree inside the State of Washington. In order to enforce your foreign decree or custody order, the other country must be a signatory of the Hague Convention Treaty. If the other country has signed as a member of the Hague Convention, and followed rights of constitutional due process as set forth in this state, the State of Washington will assist you in enforcing your court order.