Divorce is a legal process through which a marriage between two individuals is dissolved. Every state has specific laws governing divorce, such as residency requirements.
Each state may also have its own procedures for divorce. Generally, there are two categories of divorce: no-fault and fault-based.
Even the most simple divorce case can involve numerous different legal issues. Most issues arise based on the classification and division of property, for example, what property is considered marital property.
In many cases, the divorcing spouses can agree on their own regarding dividing their property and debts. If the parties cannot reach an agreement, a court has to intervene and apply the law to resolve the issue.
The property division process will depend on the state. This is because there are two property division systems categories: community property states and equitable distribution property states.
Another example of an issue that arises during a divorce is hidden assets. The parties have a legal duty to disclose all information about their assets, financial accounts, and property.
A hidden asset is an asset that has been intentionally transferred or concealed so that the other spouse cannot claim it. Other divorce-related issues include:
A divorce typically involves numerous steps and has many requirements. As noted above, divorce may involve many legal issues, including:
In the State of Washington, filing for a divorce begins with filing a formal divorce petition. The spouse filing the petition, or initiating the divorce, is referred to as the petitioner.
The spouse served with the divorce petition is referred to as the respondent. It is important to note that every divorce proceeding is unique and may have different outcomes depending on the facts of the case.
A divorce petition, in general, must be filed in the county in the State of Washington where the petitioner resides. Once this occurs, the petitioner must serve the respondent with the divorce papers.
It is a requirement in Washington State that at least one of the spouses reside in Washington State before beginning the divorce process. Typically, a Washington State court can grant a divorce within 90 days if the respondent signs the joinder attached to the petition they receive.
If the respondent does not sign the petition, then they will have 30 days to respond to the divorce petition. Divorcing parties need to expect requests for changes to the divorce terms.
Many separation and divorce cases will, of course, involve disagreements between the parties. Terms that are commonly congested and may require a request for changes include:
Once a response is filed, the parties will generally be expected to work on resolving the terms of their divorce. This may be handled outside of the courtroom informally between the parties.
If this is not possible for some reason, for example, if they do not get along, or if there are issues such as physical abuse or other issues, the parties may use a divorce mediator to help them.
Once the spouses agree on the terms of their divorce, a final hearing will be held. At this hearing, both of the spouses are required to appear in court to finalize the divorce.
This court may request several documents from the divorcing spouses, including:
Not all of these documents, of course, will apply in every divorce situation. For example, submitting a child support worksheet may not be necessary if an individual has no children.
A divorce decree is typically ordered after a 90-day waiting period.
As noted above, it is common for the parties in a divorce to disagree regarding the terms or provisions of their divorce. If the spouses cannot reach an agreement after reviewing the terms, a hearing will have to occur.
At this type of hearing, the court will hear from both parties. After this, the court will decide the terms of the divorce.
Once the court decides the final terms of the divorce, it will issue the final divorce decree. Divorce disagreements may be intense in some cases.
In addition, the spouses may not be willing to compromise on certain terms. Because of these possible issues, working with a divorce attorney is essential.
An attorney can assist with discussing and negotiating the divorce terms according to the laws of Washington State.
One of the issues that are most commonly contested in a divorce is alimony or spousal support. In certain cases, the court may order a spouse to pay the other spouse alimony after divorce.
If the court has ordered alimony, the party ordered to pay must do so or face legal consequences. During the divorce process, contesting the amount of alimony that must be paid may be possible.
Alimony payments are usually calculated using certain factors, such as:
The assistance of an attorney can be very valuable for arguing issues such as these in Washington divorce courts.
Once the divorce proceedings are finished, the court orders a divorce decree. This is an official judgment that provides legal evidence that the marriage has officially ended.
A divorce decree usually contains specific information regarding:
A divorce decree is final and is legally binding. It can, however, be modified by a court in the future. Modifications of a divorce decree may be obtained per changes to each party’s circumstances, for example, if they have a significant change in employment or income or move to a different state.
Whether or not you and your spouse agree to all of the terms of your divorce, it is important to consult with a Washington divorce lawyer if you are filing for divorce in Washington State. Your attorney will help protect your legal rights and help you present the best case possible in court.
16 people have successfully posted their cases
