Husband was not happy, so he appealed, arguing that the Superior Court was without jurisdiction to enter the decree of dissolution. What’s the problem? Well, under RCW 26.09.030 the Superior Court “shall” proceed on a matter seeking dissolution after “ninety days have elapsed since the petition was filed.” And while the Court issued its order/decree ninety days after the original petition, ninety days had not yet passed since the filing of the amended petition — the one actually seeking dissolution.
So when does the waiting period run: from the first filing or from the filing requesting dissolution? The Court of Appeals doesn’t decide, because Husband never raised the issue below. While the Court concedes that entry of the order “may be a legal error,” that alleged error “does not result in loss of jurisdiction” Accordingly, as a non-jurisdictional error, it can be waived, and Husband waived it by not raising it below. The Court of Appeals therefore affirmed the Superior Court’s order/decree.