Men’s Rights in Divorce – What Fathers and Husbands in Tacoma and Pierce County Should Know

If you're a man facing divorce or custody issues in Tacoma or anywhere in Pierce County, you’re likely entering the process with serious concerns about your children, your finances, your future, and your rights. Whether you’re a father determined to stay actively involved in your child’s life or a husband trying to protect what you’ve worked hard to earn, it’s understandable to wonder if the system truly treats both parties equally.

The law in Washington is clear: divorce statutes are gender-neutral. Courts are not allowed to favor one spouse over the other based on gender, and parenting decisions must be guided by the best interests of the child, not by stereotypes.

But fairness on paper doesn’t always mean fairness in practice. If your spouse has a lawyer, you should too. Without strong legal advocacy, you may not achieve the end result you feel as though you deserve.

Washington Law Does Not Favor Mothers Over Fathers

“The best interests of the child are served by a parenting arrangement that best maintains a child’s emotional growth, health and stability, and physical care.”
— RCW 26.09.002

Washington courts resolve child custody issues through a parenting plan, which determines how residential time is divided, how major decisions are made, and how each parent will participate in the child’s life. In Pierce County, just as across the state, the law does not presume mothers are more fit parents than fathers.

If you’re a father seeking equal time or primary residential custody, you have the legal right to pursue it. The court will evaluate your relationship with your child, your caregiving role, your ability to provide stability, and your support for the child’s relationship with the other parent—not your gender.

Property Division Must Be Based on Equity, Not Assumptions

“...the court shall… make such disposition of the property and the liabilities… as shall appear just and equitable after considering all relevant factors...”
— RCW 26.09.080

Washington is a community property state, which means most property and debt acquired during the marriage is considered jointly owned. This includes income, real estate, investments, and retirement accounts.

However, community property does not mean everything is divided 50/50. The law calls for a division that is just and equitable, considering each spouse’s financial condition, contributions to the household, and future needs. If you were the primary earner or made career sacrifices to support your family, those facts must be clearly documented and advocated for in court.

Spousal Maintenance Must Be Supported by Need and Facts

“The court may grant a maintenance order… in such amounts and for such periods of time as the court deems just…”
— RCW 26.09.090

Spousal support, or spousal maintenance, is not automatic in Tacoma divorce cases. Courts weigh several factors, including the length of the marriage, each party’s financial resources, the standard of living during the relationship, and the supported spouse’s ability to become financially independent.

If you’re being asked to pay maintenance, the court must consider your income, your financial obligations, and whether the requested amount is justified. You are entitled to present your own financial records and challenge assumptions that are not supported by the facts.

False Allegations Require a Rapid Legal Response

“A law enforcement officer shall arrest without a warrant and take into custody a person whom the law enforcement officer has probable cause to believe has violated a domestic violence protection order...”
— RCW 7.105.450

In high-conflict divorces, false or exaggerated allegations of abuse or misconduct can be used to gain leverage in parenting disputes. Protection orders can be issued quickly and may temporarily restrict your access to your children without a full hearing.

Courts in Pierce County take these claims seriously—but so should you. If you’ve been falsely accused, you have the right to due process. Immediate legal action is critical. You must request a hearing, present evidence, and protect your parental rights before lasting damage is done to your case.

Speak With a Tacoma Divorce Lawyer Who Protects Men’s Rights

When dealing with the broad diversity of legal issues revolving around divorce for men and fathers’ rights, it’s important to work with an experienced attorney you trust.

Men’s Rights in Tacoma Divorce – Frequently Asked Questions

1. How is child custody determined in a Tacoma or Pierce County divorce?
In Washington, child custody is structured through a parenting plan, not through labels like “custody” or “visitation.” Courts in Pierce County focus solely on the best interests of the child, not on the gender of the parent.

As a father, you have the same legal standing as the mother to request joint custody, equal parenting time, or primary residential placement. The court evaluates each parent’s involvement, home environment, parenting abilities, and willingness to encourage the child’s relationship with the other parent. Gender plays no role in the court’s analysis.

Find out more (PDF): Washington Courts – Parenting Plans

2. How is child support calculated in Tacoma, and how can I make sure it’s accurate?
Washington uses a standardized formula to determine child support. It takes into account both parents’ gross income, the number of children, and the residential schedule outlined in the parenting plan.

However, actual child support amounts can vary based on how income is reported, the number of overnights with the child, and additional expenses such as daycare, healthcare, or education. To ensure the amount is fair, you must provide detailed financial disclosures and ensure the parenting plan reflects your true involvement.

Find out more: Washington State Child Support Schedule

3. How is property divided in a Tacoma divorce?
Washington follows community property laws, meaning that most assets and debts acquired during the marriage are presumed to be jointly owned. This includes real estate, wages, retirement accounts, investments, and business assets.

But division is not necessarily 50/50. The law requires a division that is just and equitable, taking into account each spouse’s contributions, financial situation, and future needs. If you’ve been the primary earner or contributed significantly to the household, your efforts must be documented and presented to ensure a fair division.

Find out more (PDF): Washington LawHelp – Property and Debt in Divorce

4. Will I have to pay spousal maintenance in my Tacoma divorce?
Spousal maintenance—also referred to as alimony—is not guaranteed in Washington. Courts consider a variety of factors, including the length of the marriage, each spouse’s earning capacity, the standard of living established during the relationship, and whether one party needs time to become self-supporting.

If you’re a man being asked to pay spousal support, the court cannot rely on assumptions. You have the right to present your financial records, monthly expenses, and future obligations to ensure any maintenance award is reasonable and fact-based.

Find out more: Washington Courts – Divorce and Spousal Maintenance

5. How do I establish paternity if I wasn’t married to the child’s mother?
If you were not married when your child was born, Washington law requires that paternity be legally established before you can seek a parenting plan. This can be done by signing an Acknowledgment of Parentage (AOP) form or by obtaining a court order, which may involve DNA testing.

Once paternity is confirmed, you gain full parental rights, including the ability to seek residential time and decision-making authority. Until that point, your role as a father is not legally enforceable—even if you’ve been consistently involved in your child’s life.

Find out more: Washington State DSHS – Establishing Parentage

Speak With a Tacoma Divorce Lawyer Who Understands Men’s Rights

At the Law Offices of Jason S. Newcombe, we represent men throughout Tacoma and Pierce County who are facing the challenges of divorce, child custody, property division, and spousal maintenance. Our attorneys bring over 50 years of combined legal experience to the table—and we understand what’s at stake for you, your children, and your financial future.

Washington law promises fairness. But without the right legal strategy, men often find themselves at a disadvantage. You deserve experienced, strategic advocacy that ensures your voice is heard.

Schedule your free consultation today and let us help you protect your rights, your family, and your future.