RULE 92. Finalizing Family Law Cases (a) Review of Final Pleadings. All final decrees, final orders and accompanying findings of fact, conclusions of law, parenting plans, orders of child support, and child support worksheets for family law cases involving children shall be reviewed for form and completeness prior to presentation to a judicial officer by an attorney of record in the case, an attorney who approved the pleadings as to form and completeness, or the courthouse facilitator. (b) Pro Se Parties. (1) In a dissolution or non-parental custody action where the moving party is proceeding without representation by an attorney, the party's proposed final pleadings shall be delivered to the clerk of the court at the time the matter is noted for final hearing and thereafter the clerk shall deliver said file, together with such proposed papers, to the presiding judge for review prior to the scheduled hearing date. The courthouse facilitator shall review all those pleadings and, if they appear appropriate, shall sign and file a "Certificate of Courthouse Facilitator" to that effect. The clerk of the court shall not accept for filing any such proposed final document which appears to be incomplete; with specific reference to the child support computation worksheet, all sections and parts thereof must be fully completed or marked "not applicable" where such is the case. The court will not conduct a final hearing in the matter unless the "Certificate of Courthouse Facilitator" is filed. (c) Presentation of Papers. At the commencement of a hearing upon a default or uncontested dissolution, invalidity, legal separation, paternity, or non-parental custody matter, the petitioner or petitioner's attorney shall present to the court proposed findings of fact, conclusions of law, and decree. (d) Filing Agreements and Contracts. All property settlement agreements or separation contracts reduced to writing and signed shall be filed as a part of the record of said cause. (e) Finalization of Dissolutions by Affidavit. Parties who come to a final agreement in their dissolution case using a court-approved mediator or arbitrator (or by both attorneys if both parties are represented) may present final statutory testimony by declaration without further court appearance. The declaration must be in a form approved by the court and accompanied by a certification from the mediator or arbitrator in a form approved by the court. Both the declaration and the certification shall accompany the final papers and shall be filed with the clerk to be handled by the ex parte judge. There shall be an ex parte fee for finalization of dissolution matters by way of declaration. The fee schedule is available from the county clerk or online at www.co.cowlitz.wa.us/clerk. (f) Form. The declaration and certification of Final Testimony by Affidavit shall be substantially in the form approved by the court and available on the court's website, from the county clerk or court facilitator, or from superior court administration. SUPERIOR COURT OF WASHINGTON FOR COWLITZ COUNTY In re the Marriage of: | & | Petitioner, | No. & and | & | FINAL TESTIMONY BY Respondent. | AFFIDAVIT PER CCLR 92(e) _____________________________________________________________________________ I, __________________________, am the [ ] Petitioner [ ] Respondent in this matter and make this declaration in support of the entry of final orders in this case. 1. At least one of us was a legal resident of the State of Washington at the time the petition was filed. 2. More than ninety (90) days have passed since the petition was filed, andthe responding party received his / her copy of the petition. 3. We were married on __________________________in _________________________. 4. We separated from each other on ___________________. 5. Our Marriage is irretrievably broken, and we are requesting the Court to enter a Decree of Dissolution. 6. We have agreed to a division of our property and our debts that is both fair and equitable. [ ] The Separation Contract dated __________ is approved as being fair at the time of execution. 7. We have [ ] no children OR [ ] the following children born as issue of the marriage who are dependent upon us for support. Name ___________________ Age _____ Name ___________________ Age _____ Name ___________________ Age _____ Name ___________________ Age _____ The wife is not currently pregnant. 8. We have agreed to the entry of the attached Findings and Conclusions of Law, the Decree of Dissolution, and (if applicable) a Parenting Plan, Child Support Order and Child Support Worksheet. 9. Pick One: [ ] The proposed agreed child support order does not deviate from the standard table amount under the support guidelines - OR - [ ] The proposed agreed child support order deviates from the standard table amount under the support guidelines for the following reasons (agreement of the parties is not sufficient): ________________________________________________________________ ________________________________________________________________ 10. The child(ren) [ ] do [ ] do not receive public assistance benefits in the form of a TANF cash grant and/or medical assistance (Medicaid). [ ] The children receive public assistance as checked above and the State of Washington, through the Cowlitz County Prosecuting Attorney, Child Support Division located at 871 - 11th Avenue, Suite 2, Longview WA 98632, has been timely served as required by RCW 26.23.130 (20 days prior to entry of the final orders) with the proposed Order of Child Support and Child Support Worksheets and has reviewed and signed the Order of Child Support and Worksheets. 11. We are requesting the Court to enter the following name changes, which are not made to defraud creditors: Petitioner's New Name: Respondent's New Name: I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct to the best of my knowledge. Signed at ___________________________, Washington. DATED: [ ] Petitioner [ ]Respondent Certification of Mediator or Arbitrator I, , a court approved mediator or arbitrator in this case certify that I have met with both parties, independently, and it is my belief that each party has entered into a final agreement on this matter freely and independently, and without threat or duress. Signed at , Washington under penalty of perjury. DATED: Mediator/Arbitrator [Original CCLCR 94.08 was adopted effective September 1, 2003; renumbered as CCLCR 92 and amended effective September 1, 2005; amended on an emergency basis effective May 1, 2009; amended on a permanent basis effective September 1, 2009; amended effective September 1, 2010; amended September 1, 2012.]
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