Men’s Rights in Divorce – What Fathers and Husbands in Kent Need to Know

If you’re a man facing divorce or child custody issues in Kent or anywhere in King County, it’s easy to feel like the system isn’t built with your rights in mind. Whether you’re fighting to stay active in your child’s life, trying to protect your financial future, or pushing back against what you believe are unfair support demands, the process can feel uncertain, especially if your spouse has already retained legal counsel.

Despite what media narratives or past stereotypes might suggest, Washington law is gender-neutral. Courts in King County are prohibited from giving preferential treatment to mothers or assuming one spouse is more deserving than the other. But knowing the law and navigating the courtroom are two different things—and walking in without a strategy can cost you time with your children, control over your assets, and long-term financial stability.

Here’s what every man in Kent should understand when facing divorce in Washington State:

“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

In Washington, child custody is addressed through a parenting plan, not through outdated terms like “visitation.” Fathers have every legal right to pursue equal or primary residential time. Judges in Kent will evaluate each parent’s role in the child’s life, work schedules, living arrangements, and each parent’s ability to meet the child’s physical and emotional needs.

There is no legal preference for mothers—only a commitment to the child’s best interests.

“...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 follows community property rules, which means most property and debt acquired during the marriage is presumed to be jointly owned. This includes real estate, income, retirement accounts, and business interests—regardless of whose name is on the title.

But “equitable” doesn’t mean 50/50. Courts in King County must consider your contributions to the household, earning capacity, and financial sacrifices made during the marriage. If you’ve been the primary earner or supported your spouse’s career or education, those contributions must be documented and weighed accordingly.

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

“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(1)

Alimony—legally known as spousal maintenance—is not automatic in Kent divorce cases. Courts evaluate the length of the marriage, each party’s financial situation, the standard of living during the marriage, and whether the lower-earning spouse needs time to become self-sufficient.

Many men fear being saddled with long-term or excessive support payments, but the law requires a fact-based analysis—not one built on gender stereotypes. You have the right to present detailed financial records and challenge requests that are excessive or unsupported.

“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 accusations can be weaponized to limit parenting time or control the legal narrative. King County courts take protection orders seriously and can issue them quickly—sometimes without a full hearing.

If you’ve been falsely accused, it’s critical to act immediately. Request a hearing, gather evidence, and present your side clearly and legally. Delays can damage your credibility and impact your relationship with your children.

1. How is child custody determined in a Kent or King County divorce?
In Washington State, child custody is addressed through a parenting plan, not by awarding traditional "custody" and "visitation" titles. Courts in Kent focus entirely on the best interests of the child, without regard to the gender of either parent.

As a father, you have the same legal right to seek joint custody, equal parenting time, or primary residential placement. The court will examine your prior involvement, your current relationship with the child, your work schedule, and your ability to meet the child’s physical and emotional needs. Washington law does not presume mothers are better suited to parenting.

Helpful link (PDF): Washington Courts – Parenting Plans

2. How is child support calculated in Kent, and how can I ensure the amount is fair?
Washington uses a standardized child support schedule that takes into account both parents’ incomes, the number of children, and the number of overnight stays each parent has with the children under the parenting plan.

However, final calculations can vary based on how income is reported, how the residential schedule is structured, and whether additional expenses—like daycare, health insurance, or school costs—are factored in. To ensure fairness, it’s essential to provide complete financial disclosures and confirm the parenting plan reflects your actual time with the child.

Helpful link: Washington State Child Support Schedule

3. How are assets and debts divided in a Kent divorce?
Under Washington’s community property system, most assets and debts acquired during the marriage are considered jointly owned and subject to division. This includes earnings, retirement accounts, real estate, and business interests.

That said, the law requires a just and equitable division, not necessarily a 50/50 split. Courts in Kent will consider factors such as each spouse’s financial situation, their contributions to the household, and their future needs. If you’ve been the primary earner or supported your spouse’s career, those facts must be carefully documented and presented.

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

4. Will I be ordered to pay spousal maintenance in my Kent divorce?
Spousal maintenance, or alimony, is not automatically awarded in Washington. Judges must consider the length of the marriage, the standard of living during the relationship, each spouse’s financial resources, and how long it might take the receiving spouse to become self-supporting.

Many men fear being burdened with long-term or excessive support obligations. However, courts must base maintenance decisions on the specific facts of the case—not on gender. Your income, living expenses, and long-term earning capacity will all factor into whether support is appropriate and how much should be paid.

Helpful link: Washington Courts – Divorce and Spousal Maintenance

5. How do I establish paternity if I wasn’t married to the mother of my child?
If you were not married at the time of your child’s birth, you must legally establish paternity in order to exercise your parental rights. This can be done by signing an Acknowledgment of Parentage form (AOP) or by requesting a court order, which may include DNA testing.

Once paternity is established, you gain the right to petition for a parenting plan and play a legally recognized role in your child’s life. Without this step, your rights remain limited—even if you’ve been consistently involved as a father.

Helpful link: Washington State DSHS – Establishing Parentage

At the Law Offices of Jason S. Newcombe, we represent men across Kent and King County in divorce, custody, child support, and property division cases. Our team has over 50 years of combined legal experience advocating for men who are determined to protect their rights, their children, and their future.

Washington law may be written to be fair, but fair outcomes require aggressive and informed representation.

Schedule your free consultation today and take control of your future before someone else defines it for you.