Can a divorce be finalized without custody being finalized?

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Can a divorce be finalized without custody being finalized?

My ex and I agree that we are to be divorced and all financial and property disputes are resolved. The only thing left to be resolved is custody of our daughter and we have to wait another 3 months before family court can do the final settlement conference. Is there a way to make the divorce final and do the custody case separate?

Asked on December 2, 2010 under Family Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking, parties can get a dissolution of their marriage and seek to settle the remaining issues at a later date.  It would just be the actual marriage that is over but nome of the ancillary issues resolved.  However, it is unclear if the state of Washington will allow the entire action to be settled except the custody but maybe.  May I ask: is the divorce action pending in a different Court?  Then the court hearing the dissolution and asset distribution matter may indeed allow you to finalize those matters as long as the Family Court still has control and a date certain to decide the custody issue.  It never hurts to ask.  Good luck.


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