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Washington Divorce Process

Divorce is difficult, regardless of how well you get along with your spouse. One way to make it less intimidating is to become familiar with the divorce laws in your state. It also helps to understand how divorce works from a practical standpoint.

Here, we'll describe the Washington divorce process. We will also explain how to file your divorce petition.

If you still have questions about your divorce and need legal advice, contact a local attorney.

Summary of the Washington Divorce Process

Statutory language is usually legal jargon, making it confusing to read and understand. Reading an overview of the statute can help you better understand Washington State's divorce process. In the table below, you'll find a general overview of the divorce process in Washington and links to applicable statutes.

Statutes

Washington Revised Code Section 26.09.002, et seq. (Dissolution Proceedings — Legal Separation)

Residency requirements to file for divorce

At least one spouse must be a resident of Washington. You are not required to live in-state for a specific period.

Waiting period before divorce is finalized

The family law judge can't issue your final divorce for 90 days after you file your divorce petition with the county court.

General steps for an uncontested divorce in Washington
  1. Complete the divorce forms, including the Petition for Divorce.
  2. File your Petition for Divorce in the county where you live.
  3. Serve your spouse (respondent) with a copy of the divorce papers.
  4. In an uncontested divorce, the respondent only needs to sign the "Acceptance of Service" to acknowledge receipt.
  5. Sign and file the final divorce documents.
Related statutes

Washington Revised Code Section 26.16.010, et seq. (Rights and Liabilities — Community Property)

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a Washington divorce attorney or conduct legal research to verify your state's laws.

How To Qualify for Divorce in the State of Washington

You must meet specific requirements to file a petition for divorce in Washington. First, you must meet the state's residency requirement. Washington is more lenient than most other states on this rule. If you (or your spouse) live in Washington at the time of your petition, the court will accept your divorce papers.

Washington Courts also have a mandatory waiting period. The judge can't issue your final order for divorce until 90 days after your divorce petition. This is a cooling-off period where you and your spouse can reconsider your decision to part ways.

Finally, you must pay a filing fee to the local superior court. When you submit your petition for dissolution of marriage to the court clerk, you must attach payment. You can request a fee waiver if you can't afford the filing fee. But there's no guarantee the court will approve your request.

Types of Divorce Available in Washington

Washington is a no-fault divorce state. Not only does the court not require you to lay blame for the demise of the marriage, but it won't allow you to. The only grounds for divorce in Washington is that your marriage is irretrievably broken.

You must decide whether your divorce case will be uncontested or contested. In an uncontested divorce, the parties agree that divorce is the best option. They also agree to the significant divorce terms.

You and your spouse will submit a divorce settlement agreement to the court for approval. Once the judge approves your settlement, they will issue your final divorce decree. Remember: they can only do this once 90 days have passed since you filed your petition.

In a contested divorce, the parties disagree on material divorce terms. Some of these may include:

  • Alimony or spousal support
  • Child custody of minor children
  • Child support
  • Division of property

Ideally, your divorce lawyer will negotiate these issues throughout the court of the divorce proceedings. If not, your case will go to trial. At trial, both sides present their arguments to the judge. The judge will then decide on the final divorce terms. After your final hearing, the judge will issue an order summarizing their findings. They will also issue a child support order.

How Long Does the Washington Divorce Process Take?

One of the first questions people ask is how long it will take for their divorce to become final. The truth is that every divorce is unique. If you don't have minor children or valuable assets, your divorce can be final within a few months.

If you and your spouse argue over custody, alimony, or marital property, it can take a year or longer. You may have to go through mediation or arbitration. If there's domestic violence in your marriage, you may need to apply for restraining orders. This can delay your divorce proceedings.

Your divorce will take at least 90 days due to Washington's mandatory 90-day waiting period.

A Washington Divorce Lawyer Can Help Navigate the Divorce Process

Getting a divorce is stressful, particularly if you and your spouse don't get along. One way to ease the stress is to hire an experienced divorce attorney. Your Washington divorce lawyer knows the law and help you navigate the divorce process.

One other benefit of hiring a skilled Washington divorce attorney is that they're familiar with the local court rules. They'll ensure that you don't miss filing deadlines. They'll also stand up for you in court should your divorce case go to trial.

Washington Divorce Process: Related Resources

For more information and resources related to this topic, please visit the links below.

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