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Asotin County Family Law Attorney

Does Asotin County have jurisdiction over my divorce or family law case?

In Washington, you can file for divorce if you are a resident of the state at the time you file your divorce petition or child custody case.

Contrary to popular belief, you do not necessarily have to reside in Asotin County to file your family law case in Asotin County.

How do I file for divorce in Asotin County?

You must file your initial divorce pleadings (the summons and petition for dissolution) with the superior court clerk's office.  You can file in one of 2 ways: 

In-Person:   You can file your documents in-person at the clerk's office, Monday through Friday, between 8:30 am and 4:30 pm, excluding weekends and legal holidays.  You may also hire a process server to file documents. 

The Court's physical address is 135 Second Street, Asotin, WA 99402                                 

By Mail: You can file the documents via first-class or certified mail (certified mail is preferable, so you can get confirmation). 

The court's mailing address is P.O. Box 250, Asotin, WA 99402

How do I start a family law case in Asotin County?

At a minimum, you must file a summons, a petition for dissolution, a case information cover sheet. 

You also have to file a confidential information form.  In this document, you provide a lot of personal information, such as your social security number, driver's license, date of birth, employer information.  For security reasons, this form is not available to the public, except for court staff. 

If you have minor children, I also recommend you file a proposed parenting plan and a motion for temporary orders.

Do I have to file a proposed parenting plan in Asotin County?

No.  You do not have to file a proposed plan when you start the divorce process, but you will ultimately have to file one if your case goes to trial. 

How much does it cost to file for divorce?

As with most counties in Washington, the filing fee in Asotin County is $294.  This does not include the costs of serving your spouse and the costs of hiring an attorney.

What happens after I file for divorce?

First, you must serve the divorce papers on your spouse, if you have not done so already.  I recommend you serve before filing.  Filing is easier.  (Serving can be more challenging).

Upon receiving your summons and divorce petition, the court will enter automatic mutual temporary orders.  As part of these orders, you and your spouse cannot transfer or dispose of any of your marital property and bank accounts.

These temporary orders remain in effect until the court enters final orders after trial, or you and your spouse / other parent settle the case beforehand.

What steps should I take first after I file for divorce or file to modify the parenting plan?

You will need to exchange discovery with the opposing party.  That is, you must provide the following information and documents to the other party before the initial status conference. 

Here is the mandatory discovery:

Your tax returns for the past two (2) years, including all paystubs, W2 and 1099 forms.

Paystubs for the past six (6) months or equivalent evidence of income

Monthly or quarterly financial statements for all relevant financial accounts for the past two (2) years

A completed and signed financial declaration

How do I file and schedule a motion in Asotin County?

You can file and schedule your motion online through the clerk's office.  You must file your motion and all supporting documents with the clerk's office no later than 12 calendar days before the hearing.

After receiving your motion, your spouse / the other parent must file a response no later than 12:00 pm, five (5) days before the hearing.    

You then have the option of filing a reply to the response no later than three (3) days before the hearing. 

These deadlines, as well as detailed instructions for filing and serving family law motions, can be found in the Asotin County Superior Court Local Family Law Rules.  You can find the family law rules on pages 4-5.

Can I appear for court remotely?

Yes – with permission of the Court

To appear telephonically or by Zoom you must contact the Court Administrator

by 12:00pm, two (2) business days prior to the court hearing.

Court Administrator: (509) 243-2082 Ext 1230 or [email protected]

Does Asotin County schedule a trial date when I file for divorce?

No. 

The court will schedule your trial date at the conclusion of your mandatory settlement conference, assuming the parties do not reach an agreement.

When are family law hearings held in Asotin County?

Family law cases are generally heard Tuesday mornings at 9:00 am.  However, protection order hearings are heard most days of the week in the morning. 

Which judge will preside over my hearing?

Judge Brook Burns is the only full-time judicial officer in Asotin County.  She was elected to the bench in 2021 and is the first female judge in the county.  Judge Burns also serves as the judge in Columbia and Garfield counties.  Before taking the bench, Judge Burns spent the majority of her career in private practice, handling family and criminal law. 

Unless and until your case goes to trial, a court commissioner will likely preside over your court hearings, including any temporary order hearings.

A court commissioner is a full-time judicial officer who supports the judges in managing their family law caseload. Although they are not technically judges, they exercise the full power and authority as a judge. 

If you are unhappy with the commissioner's decision, you have the right to file a motion for revision.  This is a special type of appeal in which you ask one of the full-time judges to review the commissioner's hearing.  The judge may modify or change the hearing based on further argument.

Under RCW 2.24.050, you have up to 10 days to file a motion for revision.

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