Men’s Rights in Divorce – What Fathers and Husbands in Everett and Snohomish County Need to Know

If you’re a man facing divorce or a custody dispute in Everett or elsewhere in Snohomish County, you may feel like the legal system is stacked against you before you’ve even set foot in a courtroom. Whether you’re a father fighting to remain actively involved in your child’s life or a husband trying to protect hard-earned assets, the process can be overwhelming, and it’s quite common for men and fathers to believe the process is biased.

Washington law, however, is explicitly gender-neutral. The Revised Code of Washington prohibits courts from favoring one parent over the other or making assumptions based on gender. In theory, men and women should stand on equal footing in divorce and custody cases.

But in practice, outcomes are often determined not just by law, but by how well you understand and assert your legal rights. If your spouse has retained an attorney, it’s critical that you do the same. Whether you're managing parenting issues, dividing marital property, or defending against a spousal support request, having the right legal representation can make all the difference.

“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

Child custody in Washington is determined through a parenting plan that outlines residential time, decision-making responsibilities, and holiday schedules. Courts in Everett and throughout Snohomish County are required to evaluate the child’s best interests—not the gender of the parent.

As a father, you have the right to seek joint custody, equal parenting time, or even primary residential placement. Judges will assess your parenting history, your relationship with your child, your willingness to cooperate with the other parent, and your ability to provide stability, not your gender.

“...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, meaning most assets and debts acquired during the marriage are considered jointly owned. This includes income, real estate, investments, retirement accounts, and business interests—regardless of whose name is on the title.

However, the law requires an equitable, not necessarily equal, division. If you were the primary breadwinner, covered the majority of expenses, or supported your spouse’s education or career, those contributions should be considered during property division. Proper documentation and legal advocacy are essential.

“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—also called spousal maintenance—is not automatic in Snohomish County divorce cases. Courts consider multiple factors, including the length of the marriage, the standard of living established, each party’s financial condition, and the supported spouse’s ability to become self-sufficient.

If you’re being asked to pay support, the law does not assume you have unlimited means. You have the right to present your income, monthly expenses, and financial obligations. Courts must decide based on facts, not outdated assumptions about who should support whom.

“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

Unfortunately, in high-conflict divorces, false or exaggerated accusations of domestic violence or misconduct are sometimes used to gain an advantage, especially in custody matters. Protection orders can be granted quickly, sometimes without a full hearing.

If you’ve been falsely accused, do not wait. You are entitled to a hearing and due process. Failing to respond swiftly can damage your reputation and reduce your access to your children. Legal representation is crucial to protecting your rights and setting the record straight.

Bottom line? You need to work with a qualified divorce lawyer who understands father’s rights and divorce for men.

1. How is child custody determined in an Everett or Snohomish County divorce?
In Washington State, custody is addressed through a parenting plan that outlines where the child will live, how major decisions will be made, and how parenting time is shared. The court’s only concern is the best interests of the child, not the gender of the parent.

As a father in Everett, you have the same right as the mother to request joint custody, equal parenting time, or primary residential placement. Judges consider your past involvement, your ability to provide stability, and your willingness to support the child’s relationship with the other parent. Gender is not a deciding factor under Washington law.

Helpful link (PDF): Washington Courts – Parenting Plans

2. How is child support calculated in Snohomish County, and how can I ensure it’s fair?
Washington uses a standardized child support schedule that factors in each parent’s gross monthly income, the number of children, and the amount of residential time each parent has under the parenting plan.

Support amounts can vary based on how income is reported, the number of overnights with the child, and whether the court includes additional expenses like healthcare, daycare, or tuition. To ensure a fair outcome, provide complete financial disclosures and make sure the parenting plan accurately reflects your time with your child.

Helpful link: Washington State Child Support Schedule

3. How will our property and debts be divided in an Everett divorce?
Washington is a community property state. This means that most assets and debts acquired during the marriage—regardless of whose name is on the account or title—are considered jointly owned and subject to division.

However, the division must be just and equitable, not necessarily 50/50. If you were the primary earner, supported your spouse’s education, or made other substantial contributions, the court can—and should—consider those facts. Courts in Snohomish County assess each spouse’s financial situation, contributions, and future needs when dividing property.

Helpful link (PDF): Washington LawHelp – Property and Debt in Divorce

4. Will I have to pay spousal maintenance in my Everett divorce?
Spousal maintenance—also called alimony—is not guaranteed in Washington. Courts evaluate the requesting spouse’s financial needs and the other spouse’s ability to pay. Relevant factors include the duration of the marriage, standard of living during the marriage, and whether the receiving spouse can become self-supporting.

If you’re a man being asked to pay spousal support, the court must consider your actual financial situation. You have the right to submit documentation, explain your monthly expenses, and argue for a support order that is fair and based on facts—not gender assumptions.

Helpful link: Washington Courts – Divorce and Spousal Maintenance

5. How do I establish paternity if I wasn’t married to my child’s mother?
If you were not married when your child was born, you must legally establish paternity to gain enforceable rights as a father. This can be done voluntarily by signing an Acknowledgment of Parentage (AOP), or through a court order and, if necessary, DNA testing.

Once paternity is established, you can petition for a parenting plan and obtain legal recognition of your role. Until then, you have no enforceable right to visitation or decision-making authority—even if you’ve been present in the child’s life.

Helpful link: Washington State DSHS – Establishing Parentage

At the Law Offices of Jason S. Newcombe, we fight for fathers, husbands, and men throughout Everett and Snohomish County who are facing the legal challenges of divorce, custody, child support, and spousal maintenance. With over 50 years of combined experience, our legal team understands what’s at stake and how to protect what matters most to you.

We know that Washington law is designed to be fair. But without proper representation, your rights can be overlooked. Let us help you stand up for yourself, your children, and your financial future.

Schedule your free consultation today and take the first step toward clarity, fairness, and control over your next chapter.