Considering divorce and wondering if it matters who files first? You are not alone. Washington is a no-fault divorce state, meaning the judge will ignore whether you or your spouse initiated the divorce. However, there can be strategic benefits to being the first to file, such as securing temporary orders.
Does it Matter Who Files for Divorce First?
Yes, it can matter who files for divorce first. Filing first may give you more control over the situation from the beginning and provide strategic benefits, such as choosing the the timing.
For legal guidance on filing first, contact our law office today.
Washington is a no-fault divorce state, which means the reasons for the divorce are irrelevant to the court. However, the roles of petitioner and respondent can still influence the process. The spouse who files the initial legal paperwork is called the petitioner. The other spouse, who responds to the filing, is known as the respondent.
The Roles of Petitioner and Respondent in Washington Divorce
The spouse who files the initial legal paperwork is called the petitioner. The other spouse, who responds to the filing, is known as the respondent. The petitioner is responsible for submitting the initial paperwork, including the summons and petition for divorce, and serving these documents to the respondent. This service of process formally notifies the respondent of the divorce action. The respondent must then file a response within a specified timeframe, typically 20 days if they reside in Washington or 60 days if out-of-state or served by publication.
Timeline of Divorce Proceedings in Washington State
By law, there is a mandatory 90-day waiting period from the date the petition is served before a divorce can be finalized. This duration allows for possible reconciliation or for the parties to reach an agreement to finalize the divorce including provisions for property division, spousal support, child custody, residential schedule, and other issues. To expedite the process, both parties must agree on all terms of the divorce, which can lead to an uncontested divorce and significantly reduce the timeline.
Retaining or hiring a divorce lawyer can also streamline the proceedings. They can ensure that all paperwork is correctly filed, deadlines are met, court rules and procedures are followed, and negotiations are handled efficiently, potentially avoiding unnecessary delays caused by procedural errors or disputes.
Advantages of Being the Petitioner
One notable advantage of filing for divorce first is the ability to choose the court and location where the proceedings will take place. In Washington, residency requirements must be met, but within those parameters, the petitioner can select a venue that may be more convenient or perceived as more favorable. This choice can impact travel times and logistical convenience throughout the divorce process.
You also have more control over when the divorce process begins. It can be particularly advantageous if you need time to gather the necessary documents, consult with a divorce attorney, and prepare your case. Once filed, the respondent must adhere to the court’s timeline.
Filing for divorce first allows you to prepare thoroughly with your divorce lawyer. It involves gathering financial records, property documents, and any other relevant information that will be indispensable in the proceedings. Having this information organized and ready can give you a strategic advantage in negotiations and court appearances.
Potential Disadvantages of Filing a Divorce First
Filing for divorce first comes with additional costs, like filing fees and fees for serving the Petition for Divorce to your spouse. While these expenses are generally minor compared to the overall cost of a divorce, they are worth considering. When you file for divorce, you must state your demands and outline your case within the Petition.
This transparency lets your spouse see your initial requests and prepare a response. Although this may not always be a disadvantage, it can sometimes give the respondent a chance to counter your claims effectively.
Ways Your Spouse Could Delay the Divorce Process
Even if you file for divorce first, your spouse can employ several tactics to delay the process. Understanding them can help you prepare and mitigate their impact.
- Abusing the Discovery Process: Requesting excessive amounts of information and documentation can cause substantial delays.
- Requesting Continuances: Your spouse may claim they need more time to prepare for hearings or obtain legal advice.
- Reneging on Agreements: Verbal agreements made during the divorce process can be broken, leading to new disputes or further delays.
- Filing False Accusations: In highly contentious divorces, a spouse might claim abuse.
- Forcing Additional Motions: Some spouses may hide assets or engage in other deceptive practices, forcing you to file additional motions to uncover the truth.
Consult a Washington Divorce Attorney at Bliss Law Group
So, does it matter who files for divorce first? Yes, being the first to file gives you time to emotionally and legally prepare for the divorce. This preparation can be incredibly helpful in managing stress and making informed decisions throughout the process. Consulting with a divorce lawyer when first considering to divorce ensures you understand your rights and options. Family law attorneys from Bliss Law Group can guide you through the divorce process and help you achieve the best possible outcome.
Whether you need help understanding the implications of filing first, navigating the divorce process, or require aggressive representation in a contentious divorce, we are here to assist you. Bliss Law Group has offices in Tacoma and Olympia, Washington, and provides comprehensive legal support to clients throughout Pierce County, Thurston County, and the South Puget Sound area. Call us today at 253-525-5823 or fill out our short Online Contact Form to discuss your case with a dependable divorce lawyer.
FAQs About Filing for Divorce First in Washington
Is joint filing an alternative?
In some cases, spouses may opt for a joint filing, which can simplify the process. In Washington, this is known as an uncontested divorce, where both parties agree on the terms and file together. Such an approach can save time and money and even minimize conflict.
Does filing first affect child custody and the Parenting Plan or residential schedule?
Filing first does not influence child custody decisions. Child custody laws vary by state, but all judges prioritize the child’s welfare first. They assess each parent’s relationship with the child and their ability to provide a stable, nurturing environment.
Can my spouse hide assets after I file?
Although some people do it, hiding assets during a divorce is illegal and can have serious consequences. Penalties can include fines, loss of credibility in court, and an unfavorable division of marital property. If you suspect your spouse may hide assets, filing for a temporary order can help protect your financial interests. Working with a divorce attorney can also ensure all assets are disclosed and fairly divided.
I initiated the divorce. Can my spouse pay the legal fees?
Yes. Your spouse may be ordered to pay your legal fees. Courts often consider the financial disparity between spouses and may require the wealthier spouse to cover legal costs to facilitate a fair process. This decision is typically based on each spouse’s income, assets, and ability to pay.
