Should You File for Divorce in Washington State? - Seattle Divorce Lawyer Blog

There can be a number of important distinctions between the divorce laws of two states.  While California property division laws might favor Katie, she most likely wants more to influence the child custody decision with negative evidence about Tom’s marital misbehavior, and New York offers something that Katie couldn’t find in either California or Washington family law:  Fault-based divorce.

What’s the difference?  Why does it matter whether their divorce is heard in California, in New York, or for that matter, in a Washington divorce court? A celebrity divorce can be an interesting spectacle, but it can also spark a few questions for people facing their own divorce situation.  If you’ve noticed the well-publicized recent separation of Tom Cruise and Katie Holmes, you may have wondered why they’re arguing over whetherNew York or California courts should hear their dissolution of marriage (divorce) case.  

In most states, including California and Washington, divorce grounds are “no-fault,” meaning that anyone who wants a divorce can get it by simply stating that the parties have “irreconcilable differences.”  As a result, a Washington family court will not allow either spouse to testify or introduce evidence that the other was cheating or cruel; even if it’s true, a Washington divorce court judge is unlikely to ever hear about it.

New   York, on the other hand, has several fault-based divorce grounds, allowing Katie to base her divorce on the claim that Tom was unusually cruel or inhuman to an extent that endangered Katie’s physical or mental well-being or safety.  Being able to accuse Cruise of fault means that Holmes could testify and introduce evidence about Cruise’s cruelty, which will be heard by the same judge who will also be making a child custody decision.  Even if the “bad” evidence isn’t directly related to the best interests of the child, it may well influence what the judge thinks of Cruise’s parenting skills.

Complex choice of law conflicts like these arise every day.  Choosing to file for divorce in Washington State, when you are eligible to do so, comes with an entire set of likely results, when Washington family law is applied to your particular facts and circumstances, affecting the outcome of property division, spousal maintenance or alimony, child custody, child support, and other issues.  A great deal of conflicting information is available in print and online, but the best way to inform yourself before you make this critical decision is always to contact and discuss your case with an experienced Washington family law attorney.