2. When most of you think of divorce, you probably imagine dramatic
courtroom scenes from movies, bitter spouses fighting over kids and cars
and every last detail, and a long, drawn-out process. While reality can
certainly resemble this on occasion, at a base level, filing for divorce in
Washington isn’t as complex or intricate as you may assume.
It’s a progression to be sure, but the steps are relatively simple and
straightforward. Like most things with divorce, the real complications arise
when the people get involved. As usual, it will probably be in your best
interest to consult an attorney regardless, but it never hurts to familiarize
yourself ahead of time. With that in mind, here is how you file for divorce
in Washington state.
3. As with any process, there is a moment where it begins. In this situation, that moment is when
one spouse completes the divorce form or the petition for divorce. The reasons you or your
soon-to-be-ex want to dissolve your marriage are, more than likely, very complex and
intricate, but as far as the method of ending your union goes, the first step is simple and only
involves a bit of paperwork.
4. You’ll need to provide your information and that of your spouse, including
where you live, when you were married, for how long, and your current
living situation. Additionally, you’ll be asked a number of questions about
any minor children, their custody and guardianship, and child or spousal
support. Any shared property to be divided in the divorce must also be
disclosed at this time. Washington is a no-fault divorce state, which means
that there is no need to prove that one party was to blame for the failure of
the marriage, so there is no need to dig into that just yet.
5. What do you do after completing the proper forms? You file them with the court. When
petitioning for a divorce, you must submit the appropriate paperwork in the county where you
live, not the one in which you were married.
6. Before you submit them once and for all, you may want to have an
attorney give them a once over to make sure they are filled out correctly.
When they are ready, make two copies—one for your records, one for your
spouse—and go to the courthouse to submit them. There will be a filing
fee for doing so, which, in Washington, currently runs $315.
7. Text goes The next step is to serve your spouse, or have the papers presented and declare
your intentions. You may hire an outside process server to accomplish this, or an attorney can
handle this part of the divorce proceedings. You can’t do it yourself, but you can enlist
another adult do it for you.
8. If this is an uncontested divorce, your spouse only needs to sign the
Acceptance of Service to acknowledge that the documents have been
delivered. The court cannot move forward until the papers have officially
been received by your soon-to-be-ex.
9. Signing and filing the final documents is truly just that. There are a series of
forms to fill out, including any notarized agreements you and your spouse
come to regarding division of assets and debts, child custody, spousal and
child support, and any other specific details the two sides work out
regarding your situation.
10. Again, you may want to have an attorney or have a member of the court check these to make
sure they are filled out correctly. After you reach a final agreement—this can be on your own,
with the help of counsel, or through trial or mediation—the court will look over your
paperwork, confirm it is all in order, and sign off. Once this step is complete, your divorce is
official.
11. It is in between the serving of the papers and the signing and filing of the
final documents where things can and often do get messy and
complicated. In the case of an uncontested divorce in Washington, the
situation may progress smoothly and involve little more than both parties
signing a few forms.
12. If your spouse contests the divorce, however, things can become adversarial. You may have to
go to trial, or at least mediation, in order to hash things out. Depending on how contentious
your divorce becomes, financial records may be subpoenaed, friends and family members
may be interviewed, and you and your spouse may become embroiled in all manner of heated
arguments.
13. This is when you will most likely want to enlist the help of an attorney. As you navigate these
precarious waters, you and your spouse will both present your respective cases. If agreements
cannot be reached, the court will make rulings when it comes to child custody and visitation,
division of property, child and spousal support, and more. In this type of combative situation,
you may very well want an experienced hand guiding you towards an optimal outcome.
14. At a minimum, divorce in Washington comes with a 90-day waiting period
before it can be finalized. This means it will be at least three months
between when you file the paperwork and when a judge signs off on your
case. During this time, the court may issue temporary orders regarding
custody, parenting plans, financial support, and conduct.
If your spouse has objections, or there are other impediments, this process
can last much, much longer than 90 days. Should your case go to trial, it
may take up to a year to schedule. The more back-and-forth there is about
issues like custody, alimony, visitation, and splitting up assets, the more
time and effort your divorce will take.
15. As this process can become incredibly complex in relatively short order, it will likely be in your
best interest to retain the services of an attorney. Even if you take the do-it-yourself route,
consulting a lawyer may ensure that the proper forms were filled out in the correct manner,
and that peace of mind can be a huge comfort as you end one chapter of your life and move
forward into another.
If you have any questions about your own divorce in Washington, please contact Goldberg
Jones at our Seattle offices and we will be glad to discuss your situation with you.