In Washington State, there are two types of divorce: contested and uncontested. An uncontested divorce in Washington is one where spouses are able to come to an agreement without the intervention of a judge or divorce court. Negotiations occur in private, and spouses maintain full control over all decisions, then submit a finalized document to the court.
What is an Uncontested Divorce in Washington?
An uncontested divorce is a type of divorce where both spouses agree on all the terms without the need for a judge or court intervention. This means that the couple can negotiate and settle their differences privately, ultimately reaching an agreement that can be filed at the courthouse without external interference. While the negotiations can be either friendly or contentious, the key factor is that both parties arrive at a mutual agreement.
There are many benefits to an uncontested divorce, such as affordability and maintaining control over the divorce terms. However, it still requires negotiations and legal expertise to ensure everything is handled correctly.
A skilled divorce lawyer can provide the necessary legal guidance and personal consideration to navigate the process smoothly. We will gladly assist you in building a divorce agreement that meets your needs outside the courtroom.
Should You Hire a Divorce Lawyer for a Washington Uncontested Divorce?
An uncontested divorce involves filing your own divorce agreement, but there’s still a lot of work to do before your document is ready. Most uncontested divorces involve several rounds of negotiations in which both spouses are guided by a divorce lawyer. Together, they craft a divorce that is fair, mutually satisfying, and compliant with Washington law.
Your divorce attorney will represent your interests and personal priorities. They will help you negotiate to keep the things you care about most and establish a good foundation to launch your post-divorce life. They will make sure that divorce terms don’t leave you disadvantaged and help you pursue specific goals. Your spouse’s lawyer will do the same for them, ideally resulting in a fair and equitable agreement.
Divorce lawyers also understand the precedents, best practices, and nuances of divorce agreements, including custody agreements, co-parenting schedules, and the best way to calculate child support and spousal support.
Bliss Law Group is a Premier Family Law Firm serving families in Pierce County, Thurston County, and the South Puget Sound area. If you are considering an uncontested divorce in Washington, call 253-525-5823 or contact us through our online form for personalized legal guidance and support.
Contested vs. Uncontested Divorce in Washington
A contested divorce is one that is taken to family court. A judge listens to both spouses argue for the terms they want, and then makes a ruling. However, most divorcing spouses do not need a judge to make their decisions for them. It is usually possible to negotiate a fair division of assets where both parties get most of what they want and are willing to compromise in the middle.
Contested divorces are costly, time-consuming, and they take away your decision-making control.
An uncontested divorce is negotiated entirely outside of the courtroom. Spouses take the time to provide offers, counter-offers, and compromises until assets are fully divided and a practical child custody schedule is devised. Each spouse hires their own lawyer to help guide the negotiations, ensuring that everyone’s best interests are defended while seeking the best route for both parties to build a life after the divorce is complete.
Then the two lawyers work together to draft a final document that is legally compliant and will be accepted by the court..
The Benefits of an Uncontested Divorce
There are several significant benefits to choosing an uncontested divorce for spouses in Washington state.
1. Maintain Control Over Divorce Terms
Judge rulings take control of your final divorce terms. They can decide for one spouse or the other, or enforce a compromise that neither side is satisfied with. In an uncontested divorce, you have the opportunity to negotiate until both sides are happy, and you maintain full control over the final terms of your divorce no matter what you decide. This includes important matters like property ownership, business ownership, and child custody.
2. Negotiated On Your Time
Court dates are imposed, but negotiations are on your time. Spouses can schedule divorce negotiations when both parties have time available. You will likely have to take time off in the middle of a week day, but you can book early or late – outside of court hours. However long it takes, you negotiate on your own schedule.
3. Highly Personalized Solutions
Sometimes, a unique divorce calls for highly personalized solutions. Maybe you want to carefully manage the division of a marital business. Maybe you want to continue jointly owning the house and take turns with the children. These solutions are hard to manage in court, where judges prefer cookie cutter solutions versus creative “out-of-the box” solutions. . However, your lawyers can help you negotiate delicate, complex, or unique agreements that make the provisions of your divorce work best for your, your spouse’s and your children’s futures.
4. Potentially Faster and More Affordable
Uncontested divorces are also potentially both faster and more affordable than a contested divorce. It gives you the opportunity to reach practical terms, where both spouses agree on the same course, then only spend time negotiating those details where disagreements or complications arise.
With spouses that agree on many things and households that are simple to divide, a divorce could be completed in just a few hours of negotiation, without the months of court fees and drawn-out battles that are common in contested divorces.
5. Child Custody and Co-Parent Planning
Parents often seek an uncontested divorce process so they can work out the best child custody and co-parenting plan. An uncontested divorce gives you the opportunity to come together as parents, even though the marriage has ended, to seek out the best solutions for your children. The court might assign a generic schedule, but you can custom-craft a schedule that ensures your children maintain access to their friends and school, while balancing time between each parent’s work schedules to optimize family time with both parents.
You also have the chance to build a unique custody solution based on unique needs or opportunities of the family.
Can You Have an Uncontested Divorce if You Disagree on Everything?
Yes. An uncontested divorce means you don’t need to fight each other in family court, but it doesn’t mean you must agree on everything from the start. With the help of your divorce lawyers, spouses can work through strong disagreements during negotiations, as long as both are willing to compromise.
If both spouses are open to considering trades and compromises, they can pursue an uncontested divorce. It’s perfectly normal to have a few strong disagreements. Your respective divorce lawyers will help you reach an agreement by maintaining legal requirements, such as an equitable division of marital assets, ensuring that neither party receives something large without balancing the scale. Each lawyer will represent their client’s interests and work together to find a mutually satisfying solution. Once a compromise is reached, it is possible to move past disagreements and still enjoy the benefits of an uncontested divorce.
Do We Need an Uncontested Divorce if We Already Agree on Most Things?
Yes. It’s not uncommon for spouses who split amicably to agree on most of the usual divorce terms. If you already have a plan for how to split finances, assets, and share child-raising responsibilities, this will speed up the process as minimal negotiation is needed.
However, you still need to build a complete divorce document and file the documents in order for your agreements to be final. You will need a lawyer to help ensure all your bases are covered and that your documents will be accepted by the court.
Your lawyer will help you:
- Include all the necessary terms and details.
- Ensure your desired asset split meets equitability requirements and even out any missed assets or uneven distribution.
- Build a legally complete child custody, support, and co-parenting plan.
- Tie up loose ends.
- Draft the final divorce documents.
- Submit your divorce to the correct court department and inform you when the divorce is finalized.
By having a lawyer assist you, you can ensure that your uncontested divorce is properly handled, and your agreements are legally binding and fair.
Contact the Attorneys at Bliss Law Group
If you are preparing to begin an uncontested divorce with your spouse, Bliss Law Group would be honored to help you through this difficult time. Bliss Law Group is a Premier Family Law Firm with offices in both Tacoma and Olympia. We serve families in Pierce County, Thurston County, and the South Puget Sound area.
We offer expert divorce representation and are ready to guide you through negotiations to a satisfactory conclusion. Each divorce is unique, and your divorce agreement should provide a personalized foundation for your desired post-divorce life.
Contact us today to consult on your divorce plans by calling 253-499-8845 or accessing our online form.
