Legal Question in Family Law in Washington
My name is guy. I live in Washington state. I will try to keep this short. I knew my wife for about 3 months and we got married, how stupid was that. She knew I was on mental disability and got a check. She was hurt on the job just before we got married. She did physical therapy and got better, but never went back to work and has not tried, she likes doing nothing and have me pay all the bills. The plan was for her to go back to work so we could save for a down payment on a house. We have no kids and still have our separate bank accounts. I brought nothing into this marriage, but my clothes and my check. We live in a small studio apartment $400 a month, we live real cheap. We have been married for 11 months now. She has physically abused me so much, I flinch when she moves her hand towards me, and she thinks its funny that I flinch from her hitting me. Its so bad the landlords live below us can hear me always saying stop hitting me. She mentally and verbally abuses me every day and I cant take it no more. She loves to tell me that I'm a ugly useless old man, that I'm a mental case, stupid and the list goes on. It's like I'm a abused roommate that's here to pay the bills. I want to divorce her and be free from the abuse, I can't take it no more. There is no love, caring, affection, sex, talking, nothing but watching TV. I get $1627 a month on my disability, and it was this amount before we were married and the amount has not changed because of us getting married, she has nothing to do with my check. Will I have to pay anything to her when we get divorced. I need to have an idea of what will happen. She is able to work, but will not try to work. I'm just being used for my money. I don't think I should have to pay anything to a woman that abuses me every day and is able to work. I just want to be free. The landlords will even testify about the abuse they can hear. They live below us. They even kicked her out once because they were sick of hearing me say "stop hitting me" I should have never let her move back in. I can file my self for the divorce and get a discount on the file fee. I just need an idea of what might happen after I file and get the divorce. Mentally I cant take much more abuse.
1 Answer from Attorneys
Dear Guy:
When you file for dissolution of your marriage, you should simultaneously file for a domestic violence protection order on the basis that she hits you, humiliates you, and that there are witnesses who've heard you pleading with her to stop. Make sure you get declarations from your landlords as to what they have seen and heard.
The sheriff will serve this on her and she will be forced out of the home. From there, two weeks later, you will have a hearing where she will get to explain why no protection order should remain in place. If the judge believes your story, she will not be allowed back, except maybe to retrieve her belongings, and someone other than you will have to be there when she enters.
From there, given your 11 months of marriage and the fact that you were on disability prior to marriage, I cannot see how she would get any support or maintenance from you. If she agrees, then upon the passage of 90 days, your marriage can be ended by entry of agreed final papers in your case, otherwise, depending on what county you live in, you will either have a pre-set trial date, after which final papers will be signed off on by the judge, or you need to request a trial date to conclude your case. If in doubt, consult the local court rules for your county, which can be found online at the court clerk's website or the court's website, depending on the county.
Best of luck to you.
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