Know Your Rights

You have the right to get a divorce without giving a reason why: Washington is a “no fault” state, this means you can get a divorce without giving a reason why. If only one person wants a divorce, you can still get a divorce. While divorce doesn’t always affect your immigration status you should speak to an immigration attorney before you file for divorce.

You have the right to parent your child: Both parents have the right to parent their children. The courts prefer to see that both parents have a relationship with their children unless there are safety issues that would affect parenting abilities, these issues can be addressed in a parenting plan. A parenting plan is required as part of your divorce.

You have the right to apply for child support: You do not need to be a US citizen in order to apply for child support, your immigration status may or may not affect child support and each case is different. Child support is determined by each person’s income and isn’t attached to visits. The Division of Child support is a great resource because they can tell you if you qualify. You must show that child support is addressed as part of your divorce. You can ask for child support even if you were never married and you just want to establish a parenting plan. You can ask for child support as part of a superior court case or ask Division of Child support to start a case. Division of Child Support (509) 363-5000.

You have the right to disagree with the other party: You do not have to agree with the other party in your family law case. You both have the right to show the courts what you want in your paperwork. If you annot not agree with what the other party is asking, you can have a trial where a judge decides what is best and that is ok. If you come to an agreement on your own you may have more flexibility with what you are asking for.

You have the right to have advance notice of your hearings: You need to be notified of hearings and if you schedule a hearing you must notify the other party. Always attend your hearings if you have one scheduled.

You have the right to request an interpreter for your legal proceedings: An interpreter can be provided for legal proceedings but you have to request one. Some programs or nonprofits have other options for interpreters if you need to attend legal clinics like the one here today. Please notify the organization you are meeting with if you need an interpreter. Instructions: https://www.spokanecounty.org/1634/Interpreter-Services