Family Law at Invictus Law Group
At Invictus Law Group, we understand the emotional and legal complexities involved in family law matters. Our experienced attorneys are here to provide compassionate guidance and effective solutions for individuals and families in Washington State. From divorce and child custody to adoption and guardianship, we are committed to protecting your rights and achieving the best possible outcomes.
Protecting Families, Resolving Conflicts
Divorce
Divorce is the legal termination of a marriage. In Washington, a no-fault state, divorce is granted based on the irretrievable breakdown of the marriage, without requiring proof of wrongdoing.
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RCW 26.09.030: Grounds for dissolution of marriage.
RCW 26.09.080: Division of property and liabilities.
RCW 26.09.090: Maintenance (spousal support).
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Washington is a community property state, meaning assets and debts acquired during the marriage are divided equitably.
The court considers factors such as the length of the marriage, each spouse’s financial situation, and contributions to marital property.
Spousal maintenance may be awarded based on need and ability to pay.
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Q: How long does it take to get a divorce in Washington?
A: The minimum waiting period is 90 days from the filing date, but the process may take longer depending on the complexity of the case.
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Q: Can we file for divorce without going to court?
A: Yes, if both parties agree on all terms, you can finalize the divorce through a settlement agreement without a court trial.
Annulment
Annulment is a legal procedure that declares a marriage null and void. Unlike divorce, annulment treats the marriage as though it never existed, requiring specific legal grounds for approval.
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RCW 26.09.040: Declaration concerning invalid marriages.
RCW 26.04.130: Void or voidable marriages.
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Annulments are granted only under specific circumstances, such as fraud, coercion, bigamy, or incapacity to consent at the time of marriage.
Void marriages (e.g., incestuous or bigamous) are automatically invalid, while voidable marriages require court action.
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Q: What’s the difference between annulment and divorce?
A: Annulment declares the marriage null as if it never existed, while divorce ends a legally valid marriage.
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Q: How long do I have to file for annulment?
A: The timeframe depends on the grounds for annulment. Acting promptly is crucial to preserve your rights.
Child Custody
Child custody determines the legal and physical care of children after divorce or separation. Washington courts prioritize the child’s best interests, considering factors like stability, fitness, and emotional bonds.
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RCW 26.09.184: Parenting plans.
RCW 26.09.187: Criteria for parenting plans.
RCW 26.09.260: Modifying custody orders.
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Parenting plans outline residential schedules, decision-making responsibilities, and dispute resolution processes.
Courts consider factors such as the child’s relationship with each parent, the child’s needs, and the parents’ ability to cooperate.
Visitation rights may be granted to non-custodial parents unless it is deemed harmful to the child.
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Q: Can custody orders be changed after they are finalized?
A: Yes, modifications can be requested if there is a significant change in circumstances affecting the child’s well-being.
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Q: Can grandparents seek visitation rights?
A: Under certain circumstances, grandparents can petition for visitation if it is in the best interests of the child.
Adoptions
Adoption creates a legal parent-child relationship between individuals who are not biologically related. The process terminates biological parents’ rights and grants legal responsibility to adoptive parents through court approval.
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RCW 26.33.220: Petition for adoption.
RCW 26.33.250: Consent to adoption.
RCW 26.33.260: Finalization of adoption.
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Adoptions can be open (birth parents maintain contact) or closed (no contact).
The consent of biological parents is generally required unless their rights are terminated by the court.
Background checks and home studies are part of the adoption process.
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Q: Can a stepparent adopt a child in Washington?
A: Yes, stepparent adoption is common and usually requires the consent of the non-custodial biological parent.
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Q: How long does the adoption process take?
A: The timeline varies depending on the type of adoption and legal complexities but typically ranges from several months to a year.
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