Spokane Divorce Law
Temporary orders and motions
Spokane divorce law requires a 90-day waiting period from the time your divorce is filed to when it is finalized. If financial circumstances require it, you can request the court to enter temporary order to order one spouse to contribute financially to the other spouse.
To do this, you must file a motion and declaration for temporary order. All facts must be plead in the declaration. The financial declaration must show the financial need from the requesting spouse. It is important that all confidential information be protected and that they do not go inadvertently into the public file. Thus, you need to ensure a confidential information cover sheet is also filed so the court does not release your personal information.
After the motions are presented, you need to make a motion for hearing (Motion for a Hearing). You will have to check the family law docket and check the dates, times, and courtroom for your assigned commissioner. Visit the Spokane County Superior Court website here.
Remember that Washington and Spokane divorce law and regulations requires you to make copies and file the originals. In addition, you are required to serve copies to your spouse or his/her attorney.
Also remember that if you receive public assistance, Spokane divorce law requires you to serve any motion that has to deal with child support on the prosecuting attorney’s office. In addition, if there is a Guarding Ad Litem, he or she must be served with any motions that affect the children.
Any motion served to you by your spouse can be answered (and disputed). You may respond by filling the same documents with your own request. The answer (declaration) in response will address the issues that you disagree with. Remember, they can reply to your to your answer. You cannot rebut the reply.
Seeking a Temporary Order
Many aspects of a divorce can be settled without needing a trial. Spokane divorce law and the court encourage that disputes be resolved without the need for a judge. If you and your spouse agree regarding some issues, a temporary order can be signed by the judge.
To have a temporary order signed, you must pull the file from the clerk’s office, take the file and the signed (by both spouses) temporary order to the commissioner in ex parte. The commissioner will review the file and the order documents and signed them, making them part of the final divorce. You will have to conform your own copy.
If you cannot agree with your spouse regarding several issues during the 90-day waiting period, but you need a prompt resolution, you can do a “Bench Conference.”
For a bench conference, you will have to do a motion for a hearing. The judge will review this motion, and then a hearing will be held. Each spouse will have about 10 minutes explain their position. The moving party (the party that requested the hearing) will argue first. The judge will then make a decision based on the motions and the oral arguments.
For the judge to sign there must be a temporary order, a temporary parenting plan, a child support worksheet, and an order of child support.
Here is a short video that outlines Washington and Spokane divorce law and procedures on temporary orders:
In addition to temporary orders, you want to be sure to attend your status conference. See the links below for more information:
Overview of This Area of Law
What is a Marriage? (legally speaking)
Illegal Marriages in Washington (and Spokane)
Prenuptial Agreements in Washington
Divorce: Filing, Deadlines, and Other Issues
Divorce: Temporary Orders and Motions
Parenting Plans in Spokane County
Child support in Spokane County
Division of Assets in a Divorce
Third Party Actions in Spokane County