Deciding to end a marriage is never easy, but understanding the divorce process in Washington State can help make the transition smoother. This article will guide you through the initial steps of how to start divorce process in Washington, from meeting residency requirements to serving papers to your spouse and beyond.
What are the first steps to initiate a divorce in Washington?
To begin the divorce process in Washington State, you must file a Petition for Dissolution of Marriage with the superior court in your county of residence. This petition officially requests the court to end your marriage and address related issues such as property division, child custody, and support.
Before filing, ensure you meet Washington’s residency requirements. Washington State requires that at least one spouse be a resident of the state at the time of filing, but there is no specific length of residency required. However, you must file in the county where either you or your spouse resides.
Washington is a “no-fault” divorce state, meaning you don’t need to prove wrongdoing by either party to end the marriage. The only ground for divorce in Washington is that the marriage is “irretrievably broken.” This simplifies the process and reduces potential conflict between spouses.
Preparing and filing divorce papers
To start your divorce, you’ll need to prepare and file several documents with the court:
- Petition for Dissolution of Marriage
- Summons
- Confidential Information Form
- Notice of Appearance (if you have an attorney)
These forms can be obtained from the Washington Courts website or your local courthouse. The petition outlines your requests for property division, child custody, support, and other relevant issues. The summons notifies your spouse of the divorce action and their right to respond.
After completing the forms, file them with the clerk of the superior court in your county. You’ll need to pay a filing fee, which varies by county. For the most current and specific fees, please consult the Washington Courts website or contact your local courthouse. If you can’t afford the fee, you may request a fee waiver by submitting a motion to waive filing fees along with a financial statement detailing your income and expenses.
Related Read: How to File for Divorce in Washington State
Serving divorce papers to your spouse
Once you’ve filed the divorce papers, you must legally serve them to your spouse. This ensures they’re officially notified of the divorce action. In Washington, you have several options for service:
- Personal service by a professional process server or sheriff
- Service by mail with an acknowledgment of receipt
- Service by publication (if your spouse can’t be located)
Whichever method you choose, you must obtain proof of service to file with the court. This proves your spouse received the divorce papers and starts the clock on their response time. Generally, your spouse has 20 days to respond to the petition after being served, but this timeframe may vary depending on the specifics of your case.
Waiting period and temporary orders
Washington has a mandatory 90-day waiting period from the date of filing and service before a divorce can be finalized. This “cooling-off” period allows time for reflection and potential reconciliation and also prevents people from entering into agreements when emotions are high. It’s important to note that this is a minimum waiting period, and your divorce may take longer depending on the complexity of your case and how well you and your spouse can agree on various issues.
During this waiting period, you may need to address immediate concerns such as living arrangements, child custody, or financial support. You can request temporary orders from the court to handle these issues until the divorce is final. These orders can cover matters like:
- Temporary child custody and visitation schedules
- Temporary child support or spousal maintenance
- Use of the family home or other property
- Payment of bills and debts
- Restraining orders (if necessary for protection)
To obtain temporary orders, you’ll need to file a motion with the court and attend a hearing. The judge will make decisions based on the information provided by both parties.
Uncontested vs. Contested divorce
As you begin the divorce process, consider whether your divorce is likely to be uncontested or contested. An uncontested divorce occurs when both spouses agree on all issues, including property division, child custody, and support. This type of divorce is typically faster, less expensive, and less stressful. In an uncontested divorce, you may be able to finalize your divorce soon after the 90-day waiting period ends.
A contested divorce, on the other hand, involves disagreements that require negotiation or court intervention to resolve. While potentially more time-consuming and costly, a contested divorce may be necessary if you and your spouse can’t reach an agreement on important issues. Contested divorces often involve multiple court appearances, extensive negotiations, and possibly a trial if agreements cannot be reached.
Mediation and Alternative Dispute Resolution
Many Washington counties require couples to attempt mediation before going to trial. Mediation involves working with a neutral third party to resolve disagreements. It can be an effective way to reach agreements on property division, child custody, and support issues without the need for a court battle.
Even if not required, consider voluntary mediation or other forms of alternative dispute resolution. These methods can help you maintain control over the outcome of your divorce and often lead to more satisfactory results for both parties. Other forms of alternative dispute resolution include:
- Collaborative divorce, where each spouse hires a specially trained attorney and agrees to negotiate in good faith outside of court
- Arbitration, where a neutral third party makes binding decisions on disputed issues
Discovery process
If your divorce is contested, you may enter the discovery phase. This is the formal process of gathering information from your spouse and third parties. Discovery methods can include:
- Interrogatories: Written questions that must be answered under oath
- Requests for production of documents: Formal requests for financial records, emails, or other relevant documents
- Depositions: In-person interviews conducted under oath
The discovery process can be time-consuming and potentially costly, but it’s often necessary to ensure a fair division of assets and appropriate support arrangements.
Finalizing your divorce
Once all issues are resolved, either through agreement or court decision, you’ll need to prepare final divorce documents. These typically include:
- Findings of Fact and Conclusions of Law
- Final Divorce Order (Decree of Dissolution of Marriage)
- Parenting Plan (if you have children)
- Child Support Order and Worksheets (if applicable)
- Order of Child Support (if applicable)
If your divorce is uncontested, you may be able to finalize it without a court hearing. In contested cases, you’ll likely need to attend a final hearing where a judge will review and sign the final documents.
Related Read: How Long Does a Divorce Take in Washington?
Post-divorce considerations
After your divorce is finalized, there may still be tasks to complete, such as:
- Transferring titles to property
- Changing names on accounts and legal documents
- Updating estate planning documents
- Implementing the parenting plan
Keep in mind that some aspects of your divorce decree, such as child custody and support, may be modified in the future if circumstances change significantly.
As you navigate the divorce process in Washington State, remember that each case is unique. Consider consulting with a Tacoma divorce lawyer to understand your rights and options fully. They can guide you through the complexities of divorce law and help protect your interests throughout the process.
Starting a divorce is a significant step, but with proper preparation and understanding of the process, you can move forward confidently toward your new future. By following the steps outlined in this guide and seeking appropriate legal advice, you’ll be better equipped to handle the challenges of divorce and begin the next chapter of your life.
Are You Going Through a Divorce? – We Can Help
The family law attorneys at Bliss Law Group are here to help you with any type of family law issues in Washington State that you might be facing. We have offices in both Tacoma and Olympia. Our attorneys exist, first and foremost, to protect you and your family. We protect your family by assisting with family law needs. Family law needs include divorce, child custody, child support, and modification of orders.
At our firm, we take the time to understand your unique situation and goals. We work diligently to achieve the best possible outcome, using methods like mediation or collaborative law within Tacoma and the surrounding areas. When necessary, we are fully prepared to protect your rights and interests through litigation. Our priority is to provide a level of attention and care that ensures you feel supported and informed throughout the entire process.
