Formal Proof In A Divorce Case - Part 1 Not that many years ago, to finalize an agreed divorce or legal separation, at least one of the spouses had to stand before a judge (court commissioner), get sworn in (to tell the truth) and give “formal proof” to the judge. Formal proof is basically just telling the judge, orally, many of the “requirements” to get a divorce or legal separation in the state of Washington. As far as I am aware there is no standardized list, so each judge, and attorney, has his/her own idea of what should be addressed during formal proof. In this blog I will address my “list” of questions that I ask my client during formal proof. Many of the Superior Courts, in Washington, in recent years, have attempted to minimize the “hassle” of formal proof by allowing it to be done via sworn statements, etc. While there may be some savings doing this I generally like to have my client give the oral formal proof - for some I think it gives better “closure” on the relationship. With that here are my normal questions I ask during formal proof. 1). What is your name? This gives the court the information it needs to verify that one of the parties is giving the formal proof. Note that only one party needs to be present to give the oral formal proof (if done via a sworn statement, both my have to sign - check with the court on this issue). 2). What is your address? The court needs to know if it has jurisdiction over the case (this requires a party to be residing in the state of Washington). Also, this issue can be used to address the proper court “venue” for the case (i.e. which Superior Court in Washington should be addressing the case). 3). Were you married to the other party on [date]? Being married to the other party confirms the court has the authority to grant them a divorce or legal separation. Depending on the facts of the case, the date of marriage may come into play in how the assets and debts are divided up as well. 4). Do you have any children of this marriage? The court is required to address any minor children of the marriage that are dependent on one or both spouses of the marriage. This question puts the court on notice that there are, in fact children, of the marriage. 5). If so what are their names and dates of birth? This question goes partial to the issue of identifying the children. The age of the child gives the court some of the information needed to determine if child support and/or a parenting plan is required in the case. The age is also a factor in the amount of child support as well. If the child is over 18 then there may be a need to determine more facts regarding the need for support - of course, if the parents are in agreement (which they are if they are finalizing the divorce or legal separation by agreement) then this issue may not be present. 6). Are the above children dependent on you and the other party? The law in Washington requires that the minor children be, in fact, dependent on the parties for support. While not very common, there are children under the age of 18 who are not dependent on their parents for support. This question addresses the issue of who is supporting the children. I will address the remaining questions in Part 2 of this blog article. __________________________________________________ This blog article is not intended to convey legal advice, but only address some of the general rules. Most legal issues, in family law cases, depend on the specific facts. Should you wish to discuss your particular situation with the Law Office of Thomas A. Chillquist, please call or email my office. I am a family law lawyer (divorce attorney) and I represent parties in family law, and divorce, matters in King and Pierce County, Washington, including Kent, Federal Way, Covington, Renton, SeaTac, Des Moines, Fife, Auburn, Seattle, Bellevue, Puyallup, Orting, Tacoma and Mercer Island. Copyright Thomas A. Chillquist
Posted on: Fri, 04 Apr 2014 21:47:57 +0000
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