WHEN, WHERE, & HOW

The Divorce Process in Washington State

At Seattle Divorce Services, our Seattle divorce attorneys manage your divorce from start to finish. We understand the process is overwhelming, and we strive to help you and your former spouse keep this difficult time as stress-free as possible.

WHEN

In Washington State, a divorce takes a minimum of 90 days to complete. To actually finish that quickly, you need to have filed and served the initial papers, reached agreement on the terms of the divorce, and completed and signed the final orders. Since that is a lot to accomplish in a short period of time, most cases do take longer.

If you are not able to reach agreement, such as with the help of an attorney, eventually the case will proceed to trial to let a judge decide the issues you are unable to agree on. The length of time it takes to get to trial varies from county to county, but in King County is generally around 11 months. To be clear, however, very few divorce cases go to trial. The vast majority of the time a settlement is reached by agreement after negotiations.

WHERE

The divorce statutes require that at least one of the parties be a resident of the State of Washington at the time of the initial filing. There is no time period to establish residency under Washington law for a divorce, so you do not have to have lived here for 6 months or a year like some other states require. However, residency does require living here with the intent to remain here; i.e. it is more than just a visit.

JURISDICTION

Does Washington state have jurisdiction over your marriage?

Even if you live here, there is still the question of whether the state has jurisdiction over your spouse and/or child(ren). Without that, the court might be able to grant a divorce, but not to enter orders that affect the other spouse, such as dividing property, ordering support, or entering a parenting plan.

To have jurisdiction over children: as a general rule, the court may have authority to enter orders related to children (such as a parenting plan) if the children have lived in the state in the past 6 months.

To have jurisdiction over the spouse, you either need:

  • their consent to jurisdiction,
  • for them to have resided in Washington at some point during the marriage (again, not just visited), or
  • the two of you to have conceived a child in the Washington. Also, there are some special rules for serving in the military in the state. If you can’t get jurisdiction over the spouse, you may need to file in the state the spouse is living in in order to enter meaningful orders.

VENUE

Which Washington county should you file in?

Assuming the state has jurisdiction, venue deals with which court in the state to file in. All divorce actions are handled through the Washington Superior Courts – the issue is which county. You can actually file in any county in Washington as long as the other party agrees. Without the other party’s agreement, venue is proper in a county either party resides in. For instance, if you live in King County and your spouse lives in Snohomish, you could file in either of those counties. But if you filed in Pierce, your spouse would be able to challenge the venue there and have the case moved to either King or Snohomish.

HOW

Every divorce begins with a lawsuit in which one party must file a petition with the court asking for a divorce.

If the other spouse does not contest the divorce, the process can continue smoothly and by way of one of the different dispute resolution methods listed below. If there are major disagreements over custody or division of property, then the process becomes “contested,” meaning that the issues may eventually have to be resolved at trial. However, trial is not inevitable for all divorces, even litigated ones.

Dispute Resolution in a Divorce

Managing Potential Conflicts in a Divorce

There are a number of ways to go about resolving the different divorce issues. Some couples are able to sit down together and simply hash things out. We often call this the “kitchen table” method. More often than not, the couple will need help. Below, we have listed the types of dispute resolution used during divorce proceedings.

How is a legal separation different from a divorce?

A divorce is a legal termination of all aspects of your marriage. In a legal separation, you remain technically married but are no longer a couple or “community” going forward. People often choose to file for legal separation for religious reasons and sometimes to preserve things like health insurance benefits or perhaps create a more stable environment for their children. Generally, in a legal separation the court will enter final orders similar to a divorce, including a parenting plan, support orders, and a division of your marital property. Our Seattle divorce lawyer can discuss these options in greater detail with you.

LITIGATION

The most traditional approach. Litigation treats the spouses as adversaries, with a judge overseeing the dissolution process. When approaching negotiations, the go-to question attorneys use is “what will the court do?”. We tend to see trial, and its high expenses, as the last resort when negotiations break down.

MEDIATION

An attorney acts as a neutral third party in the divorce (a mediator), facilitating dispute resolution between parties. Mediation may be a couple’s first step in the divorce process (early mediation) or it may be prescribed by the court in an attempt to avoid trial (settlement conference). At the end of mediation, the attorney (acting as a mediator) will write up the decisions and compromises reached by the couple to help simplify the couple’s filing process. A mediator is not an attorney dually representing spouses in a divorce; they do not draft or file final documents.

COLLABORATIVE

A specific methodology which our firm specializes in and we highly recommend for its ability to lessen tension between parties and quicken resolution! Each spouse hires a Collaboratively-trained attorney, who then help the couple put together a team that may include a financial specialist, a divorce coach (communications specialist), and a parenting specialist. Parties work towards a final agreement through a series of joint sessions, which entails the spouses, their attorneys, and the neutral professionals meeting altogether. We believe this is the best approach for a couple that wants to avoid fighting and hopes to continue to have some relationship after the divorce, especially as co-parents.

Services Provided by a Seattle Family Lawyer

Your attorney will play a multi-faceted role in your matter. Their training and experience means they are capable of providing a variety of services in your aid, including (but not limited to):

Drafting, reviewing, and completing legal documents, including those to be submitted to the local courts.

In doing so, the attorney will provide you with expert legal advice: with the aim being that the information presented in the documents properly represents and protects your interests.

Speaking on your behalf.

They can negotiate custody, child support, property division, and any other issues on which you and your spouse cannot agree. In cases where the divorce is less than amicable, having an attorney handle the discussions can help get the issues resolved much more quickly and with much less stress. 

Offering experienced counsel regarding your particular situation.

They can help you understand your options, the potential issues and challenges you face, and what kind of outcome you can expect. Your attorney can help set your expectations early on so that you don’t waste valuable time pursuing unrealistic results or become frustrated when you can’t get what you want. 

The Role of a Seattle Family Lawyer

Many people think that a family lawyer’s role consists entirely of handling your divorce paperwork and navigating the court system. While these are significant aspects of what a family lawyer does, your attorney can play a much broader role than you may realize.

They are someone you can trust.

Family dynamics can make it difficult to talk to someone without fear that you say being used against you. Your lawyer owes you complete confidentiality, which means that they can never reveal any concerns or issues that you may have. This can be incredibly helpful for people who are feeling isolated and unsure of where to turn. 

They can handle the communication.

Your life doesn’t stop even when you are facing a family crisis. Your lawyer can make the phone calls, respond to the emails, and generally keep the process moving forward while you focus on work and taking care of yourself.  

They are someone you can trust.

Family law issues are among some of the most difficult issues you can face and can be emotionally draining. As a result, it’s easy to come to believe that your situation is hopeless. An experienced family lawyer can also help you remember that as difficult as things are now, the situation will get better.

They can lend a compassionate and empathetic ear.

Your lawyer can truly listen to what you have to say. They are unequivocally on your side and can help you unburden yourself of whatever difficult feelings you may be carrying around. 

Contact an Experienced Seattle Divorce Attorney to Help You Decide Which Method of Resolution is Best for You

Just as every relationship is different, we know that each divorce is unique. At Seattle Divorce Services, we work hard to ensure that each couple receives customized care to resolve their conflict in the most peaceful way possible. We also make sure to preserve the best outcome for your child. Contact our firm today at 206-784-3049 to begin working with a Seattle divorce law firm that you can trust.