10 Steps to Getting Divorced in Washington State

There are many reasons why couples divorce: financial unhappiness, infidelity, and sometimes even abuse. But when it comes to getting a divorce in Washington State, none of this matters to the court. This is because Washington is a no-fault state and any couple can end their marriage due to irreconcilable differences. It largely simplifies and reduces the duration of a divorce process in Washington State as you don’t have to prove the other spouse’s fault to get your freedom back. 

What are other steps of getting a divorce in Washington State? Read in this article.

Checking Residency Requirements

Washington residency requirements are slightly different from most other states. Thus, you don’t need to have lived in the state for a few months prior to filing for divorce. But you must be its resident at the moment of submitting the papers.

A divorce law of Washington State requires spouses to have a permanent home within the territory of the state and show eagerness to make it their primary place of residence. To prove that, the court will be checking your mailing address, driver’s license, and voter registration. To be divorced in Washington State, at least one spouse must meet residency requirements. 

Building a Divorce Checklist

When you’re sure that you qualify for getting a divorce in Washington State, it’s time to begin preparations. No successful divorce starts as luck would have it but requires thorough research and planning.

Therefore, it’s highly recommended to make up a divorce checklist, which will include detailed information on your divorce case such as required documents, divorce stages, your strengths and weaknesses, a backup plan, etc. Having a checklist will help you structure the information and go through the process smoothly.

Discussing the Type of Divorce

Before you come up to starting the case, it’s important to understand what type of divorce you want or you can have. Technically, there are 4 ways of parting with your spouse. 

• An uncontested divorce is the easiest and the fastest way to officially end your marriage. You can start the case fully online, and have your divorce finalized after a certain waiting period. To qualify for this type, both spouses must agree to every issue occurring in their divorce case.
• A contested divorce is a traditional long, expensive, and exhaustive type of divorce impending on every couple that can’t solve their conflicts peacefully. Spouses will have to appear before a court trial.
• Legal Separation is a divorce without divorce. Technically, you’ll get the benefits of a divorced couple but officially will still be married. It’s the way for couples who aren’t ready to burn their bridges or can’t do so due to their religious beliefs.
• If you’re in domestic partnership, you can’t get a divorce. You have to file for ending your domestic partnership, which is technically the same as marriage dissolution but requires a different package of documents.

Preparing the Paperwork

If you’re going through a contested or uncontested divorce, your package of papers will include the following completed forms among others:

• The Petition of Dissolution of Marriage
• Summons
• Confidential Information Form
• Vital Statistics Form

If you have minor children in the marriage, you will also be required to attach child support papers, a parenting plan, financial declarations, and residential time summary report. 

Filing the Papers

How to file for divorce in Washington State? When all necessary forms are completed, they should be submitted to the court. You can either file for divorce online or submit the papers in-person. While online filing is free of charge, submitting paper copies will cost you the fee. Spouses can file the papers in the county of residence of either spouse.

Serving the Respondent

In a contested case, the respondent must be served once the divorce petition has been filed. You will have to pay to a sheriff or a private process server to deliver the copies of the divorce papers in-person and file an official report of their delivery with the court.

Filing the Response

As much as in most other states, the Responder will have 20 days to submit the answer or the counterclaim right after he/she receives the papers. Alternatively, he/she may agree with all the terms in the petition. This would mean that the case has been settled.

Waiting Through the Settlement Period

Regardless of the Responder’s answer, the court will give spouses a 90-day waiting period before the case can be heard and finalized in the court. The idea is to give parties enough time to settle their conflicts peacefully and avoid long legal battles  in the courtroom. If spouses couldn’t come to an agreement during this term, they will proceed with the contested divorce during court trials, which can be long, stressful, and extremely expensive.

Presenting Financial Disclosures

During this period, spouses will be also required to exchange their financial declarations and submit them to the court. The declarations must include complete and honest information about their incomes, expenses, debts, and assets. Normally, this information is shared as soon as possible as it may help settle the case. In certain occasions, however, spouses may intentionally hide financial  information from each other (or one from another). They use this strategic move to drag out the process and force the other party to give up.

Final Judgment

In an uncontested case, a divorce may be finalized as soon as in 90 days – after the waiting period expires. However, it’s hard to say when contested divorce parties can expect the final judgment. It will largely depend on their ability to make a compromise with each other.

The last step of a contested divorce process is the final trial, where the judge will examine evidence and hear witnesses for the last time, as well as lawyers present their closing statements. After the final trial, the judge will officially divorce the parties and announce his/her decision as to property ownership, debts division, child custody, and other unsettled issues.