Washington State has a law under RCW 4.28.185 called the "long-arm statute". Under the law, Washington courts may be able to hear your case even though your spouse is now outside of Washington State. When a court determines it can proceed on your case, it is called "jurisdiction." Jurisdiction generally means the legal authority conferred upon a court to pronounce the law over a certain matter.
Does the rule only apply to divorces?
No. There are many other areas of laws where jurisdiction can be established by the long-arm statute. However, for purposes of this article, we are only speaking of divorces.
What circumstances can the Courts help me? How does the Judge determine whether it has "jurisdiction" over my spouse for the divorce?
Generally, a court will have jurisdiction over the divorce if you and your spouse were living in a marital relationship within Washington even though your spouse made a subsequent departure from Washington so long as the person who filed the divorce has continued to reside in Washington or has continued to be a member of the armed forces stationed in this state.
What does "living in a marital relationship mean" for purposes of jurisdiction?
Recently, our high courts made a distinction between "living in Washington in a marital relationship" and actual residency/domicile in this state. RCW 4.28.185(1)(f), extends Washington jurisdiction to "any person who meet certain criteria, whether or not a citizen or resident of this state.€ Whereas the petitioning party (who files for the divorce) must be a resident, the court found the respondent (the party who did not file the divorce) does not necessarily have to be a resident of this state in order for our courts to have jurisdiction over the case. For instance, the court noted that "long-distance" relationships are common and should not prohibit a spouse who lives in this state from divorcing a spouse who they have a long-distance relationship with in another state.
So how does the court determine whether I can file a divorce in this state over my spouse who lives in another state?
Though certain legal standards in RCW 4.28.185 and constitutional tests must be satisfied, the courts essentially make the determination on a case-by-case basis looking at the individual facts of each matter. The importance of the recent court case is that actual residence/domicile is not required for a responding party (the one who does not file the divorce). The courts look to the type of contact the responding party has had in Washington. For instance, did the spouse previously live in Washington but later moved? Does he/she own property here? Does he/she engage in any business in Washington? Does he/she vacation in Washington? Receive medical care in Washington?
Does the rule only apply to divorces?
No. There are many other areas of laws where jurisdiction can be established by the long-arm statute. However, for purposes of this article, we are only speaking of divorces.
What circumstances can the Courts help me? How does the Judge determine whether it has "jurisdiction" over my spouse for the divorce?
Generally, a court will have jurisdiction over the divorce if you and your spouse were living in a marital relationship within Washington even though your spouse made a subsequent departure from Washington so long as the person who filed the divorce has continued to reside in Washington or has continued to be a member of the armed forces stationed in this state.
What does "living in a marital relationship mean" for purposes of jurisdiction?
Recently, our high courts made a distinction between "living in Washington in a marital relationship" and actual residency/domicile in this state. RCW 4.28.185(1)(f), extends Washington jurisdiction to "any person who meet certain criteria, whether or not a citizen or resident of this state.€ Whereas the petitioning party (who files for the divorce) must be a resident, the court found the respondent (the party who did not file the divorce) does not necessarily have to be a resident of this state in order for our courts to have jurisdiction over the case. For instance, the court noted that "long-distance" relationships are common and should not prohibit a spouse who lives in this state from divorcing a spouse who they have a long-distance relationship with in another state.
So how does the court determine whether I can file a divorce in this state over my spouse who lives in another state?
Though certain legal standards in RCW 4.28.185 and constitutional tests must be satisfied, the courts essentially make the determination on a case-by-case basis looking at the individual facts of each matter. The importance of the recent court case is that actual residence/domicile is not required for a responding party (the one who does not file the divorce). The courts look to the type of contact the responding party has had in Washington. For instance, did the spouse previously live in Washington but later moved? Does he/she own property here? Does he/she engage in any business in Washington? Does he/she vacation in Washington? Receive medical care in Washington?
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