Washington State Divorce Laws

When a marriage ends, it can be a difficult time for everyone involved. If you’re thinking about getting divorced in Washington state, it’s important to know the basics of how the process works. This guide will walk you through the key things you need to know about getting divorced in Washington.

Getting Started With Your Divorce in Washington

To file for divorce in Washington, you or your spouse must live in the state. There’s no set amount of time you need to have lived there. As long as one of you is a Washington resident when you file the divorce papers, that’s enough.

Washington is what’s called a “no-fault” divorce state. You do not have to establish your spouse did something wrong to get divorced. You just need to tell the court your marriage isn’t working anymore and can’t be fixed. The legal term for this is that the marriage is “irretrievably broken.”

Filing the Divorce Papers in Washington

To start your divorce, you’ll need to file some paperwork with the court. The main form is called a “petition for dissolution of marriage.” This tells the court you want to end your marriage. You’ll also need to fill out other forms about your finances, property, and children if you have any.

After you file the papers, you need to give copies to your spouse. This is called “serving” the divorce papers. Your spouse then has a chance to respond.

There’s a 90-day waiting period in Washington before a judge can finalize your divorce. This gives you and your spouse time to work out any disagreements or change your minds if you want to.

Dividing Your Property

One of the big parts of getting divorced is figuring out how to split up your stuff. Washington is a “community property” state. This means that most of the things you got while you were married belong to both of you equally.

The court tries to divide things fairly between you and your spouse. This doesn’t always mean a 50-50 split. The judge looks at things like:

• How long you were married
• What each of you owns separately
• How much money each of you makes
• Your age and health
• If one of you will be taking care of the kids most of the time

It’s a good idea to make a list of all your major belongings and debts. This helps you figure out what needs to be divided. If you and your spouse can agree on how to split things up, that’s usually best. If you can’t agree, a judge will decide for you.

Dealing With Money Issues

Sometimes one spouse needs financial help from the other after a divorce. This is called “spousal support” or “alimony.” In Washington, either spouse can ask for this.

The judge looks at many factors to decide if someone should get spousal support. These include:

• How much money each person makes
• How long you were married
• Your standard of living during the marriage
• If one of you gave up a career to support the family
• How long it might take for the person asking for support to become self-supporting

Spousal support isn’t automatic in Washington. The judge decides if it’s needed based on your situation.

Taking Care of the Children

If you have kids, figuring out how to take care of them after the divorce is extremely important. In Washington, the focus is on what’s best for the children.

You and your spouse will need to come up with a “parenting plan.” This says how you’ll make decisions about your kids and when they’ll spend time with each parent. If you can’t agree, the judge will make a plan for you.

The court looks at many things when deciding on a parenting plan, like:

• Each parent’s relationship with the kids
• Where the kids go to school and their other activities
• Each parent’s work schedule
• Any history of domestic violence or substance abuse

Remember, the goal is to do what’s best for your children, not what’s easiest for the parents.

Working Together vs. Going to Court

If you and your spouse can agree on most things, your divorce will probably be quicker and less expensive. You might be able to work out an agreement yourselves or with the help of a mediator.

But if you can’t agree, you’ll need to go to court and have a judge decide for you. This can take longer and cost more money.

Why You Might Need a Lawyer for a Divorce in Washington?

Getting divorced involves a lot of legal rules and paperwork. While you can try to handle it yourself, having a lawyer can make things much easier. A lawyer who knows Washington divorce laws can:

• Make sure you understand your rights
• Help you fill out all the forms correctly
• Negotiate with your spouse’s lawyer
• Represent you in court if needed
• Make sure you’re getting a fair deal in the divorce

Even if you and your spouse agree on everything, it’s smart to have a lawyer look over your agreement. They might spot issues you didn’t think of.

Wrapping Up Your Divorce in Washington

Once you’ve worked out all the details of your divorce, you’ll need to go to court for a final hearing. If you and your spouse agree on everything, this can be pretty quick. The judge will review your paperwork and, if everything looks okay, sign your divorce decree.

If you and your spouse don’t agree on everything, you might need to have a trial. This is where each side presents their case to the judge. After hearing everything, the judge will make decisions on any issues you couldn’t agree on.

Once the judge signs your divorce decree, your marriage is officially over. But remember, you might still have work to do, like transferring property or setting up child support payments.

Moving Forward After Divorce

Getting divorced is a major change in your life. It can be stressful and emotional. But with the right help, you can get through it and move on to the next chapter of your life.

If you’re thinking about getting divorced in Washington or if your spouse has already filed for divorce, it’s a good idea to talk to a lawyer. They can answer your questions and help you understand your options.

Don’t try to handle everything on your own. Divorce laws can be complicated, and the decisions you make now can affect you for years to come. A skilled divorce lawyer can guide you through the process, protect your rights, and help you get the best possible outcome.

Remember, your goal should be to end your marriage in a way that’s fair to everyone involved and sets you up for a positive future. With the right legal help, you can achieve that goal and start the next phase of your life on solid footing.

Use LegalMatch Today to Find the Right Washington Divorce Lawyer for You

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