Certain requirements need to be satisfied for you to file for a divorce in Washington:
- You must reside in Washington;
- Your spouse lives in Washington; and
- The Washington courts must have personal jurisdiction for certain orders.
Moreover, Washington is considered a “no-fault” divorce state. This means that neither party needs to prove fault to obtain a divorce. You must only prove irreconcilable differences, meaning you can no longer get along.
Keep in mind that divorce legally terminates your marriage. The judge can decide on other issues attached to a divorce case through this decree—for instance, any issues relating to property division or child custody. You may also need to formulate a parenting plan to achieve cohesive parenting if you have children.
How Long Will the Divorce Process Take?
Each state has a period for how long you must wait after filing your divorce petition. For Washington state, you must wait at least 90 days after filing and serving the petition. In some cases, the spouses agree with all the divorce terms. In these situations, things can become more expedited and take less time.
However, it does not mean it will always be the case. Divorce cases take several weeks to several months because the judge often needs to rule on other items as well.
It is challenging to predict a specific time frame for a divorce case. But some cases can last longer than others because the couple disagrees about everything and has complicated issues involved in their case. Some examples of these include child abuse, drug addiction, claims of domestic violence, and other problematic property issues.
What is Community Property?
All states nationwide have different ways of categorizing property division. For instance, Washington is a community property state and will utilize those standards to divide the property in their state after a divorce occurs. In this case, all property accumulated during the marriage is considered community property, meaning it belongs to both of you. It does not matter if only one spouse is on the title.
Your Divorce Petition proposes how the court should divide the property and debts. The judge will decide how the property will be divided in the final decree. As mentioned above, the judge will consider the local code regarding community property rights.
Both spouses’ debts incurred during the marriage are typically considered community debts. Keep in mind that both spouses are equally responsible for them. You can contact a local lawyer if you have difficulty with property disputes.
Will the Court Divide Everything 50/50?
Every case is unique, and it will depend on a case- by case basis. The judge will make decisions that are just and equitable while taking into account the following factors:
- The duration of the marriage;
- Each spouse’s financial situation at the time the property division will become effective;
- Who will obtain the residential home;
- Who will have custody of the children; and
- The nature and extent of the community and separate property.
Can I Receive Alimony?
Alimony is referred to as payment made from one spouse to another for financial assistance. The alimony or maintenance is awarded based on certain factors:
- The length of your marriage;
- The standard of living during the marriage;
- If you stayed behind to care for the children and require support to return to the workforce;
- The period needed to obtain education and training; and
- How each spouse’s financial situation is.
Furthermore, maintenance is not permanent and can terminate. Unless the final decree says otherwise, maintenance will terminate once you remarry or pass away. Each judge wants to be just when awarding alimony and not create a burden.
Therefore, the abovementioned factors are weighed in to decide on the alimony amount. Alimony can become complicated, and if you need further assistance, you can contact your local family law attorney to guide you.
What are the Grounds for Divorce in Washington?
As with any divorce, there are grounds or legal reasons for obtaining a divorce. Each state has different grounds based on its local regulations. For a judge to grant you a divorce in Washington, you must find that your marriage is “irretrievably broken.” If you and your spouse agree, then a judge can rule on your divorce after the following:
There is a 90-day waiting period that must have passed after you file for divorce; and
Also, 90 days must have passed since your spouse was served with legal notice that you filed for divorce.
If there is a disagreement among the parties regarding if the marriage is irretrievably broken, then the judge will examine all the relevant factors. However, if the parties can come back together, the judge can decide differently. For example, the court may refer you to a family court or a counseling service. The judge can offer a time frame for the counseling service and hold any hearings needed. The judge will then decide:
- The parties have reconciled, and the judge will dismiss the divorce case; and
- The judge believes and decides the marriage is irretrievably broken and will grant the divorce.
Besides this, the judge could dismiss a divorce petition if you or your spouse claim, and the judge decides, that the person who filed for the divorce was convinced to file by fraud or coercion. The judge will immediately dismiss the case for these violations. However, each case is different so the outcome may depend on a variety of factors and elements.
Where can I find Additional information about Divorce in Washington?
You may be able to find additional information to assist you with a divorce case in Washington, such as:
- Handbooks on the necessary information on basic requirements regarding divorce;
- Brochures on domestic partnerships and how to terminate a marriage that includes children; and
- The forms that are required to file for divorce and instructions on how to use them.
Many states now have self-help websites that guide you through the issues. There are online forms on the local government county websites that can help you navigate them. Sometimes, the information can become overwhelming, and you will need further assistance from a legal professional. A lawyer can help answer any questions you might have regarding divorce laws in the state of Washington.
When Do I Need to Contact a Lawyer?
If you live in Washington and are planning to obtain a divorce, do not hesitate to contact a local Washington divorce attorney to guide you through the process. Filing for divorce means meeting the requirements and having all the paperwork ready. An attorney can help with these so you don’t miss any filing deadlines or court requirements.
However, divorce cases can quickly become complicated. Therefore, obtaining legal counsel early on and learning about your legal options will make your life much easier, especially if you and your spouse have children and are unwilling to compromise on any of the issues. Child custody and child visitation can quickly become complicated, and the parents need to compromise. Seeking help and learning about your local state laws will be useful. Contact a lawyer for representation to ensure that your rights are protected throughout the divorce process.
