Divorce is the process of terminating a marriage when people find that they are no longer capable of living together as a couple. This may involve some or all of:

• Separating property and debts
• Establishing child and spousal support obligations
• Making parenting arrangements
• Obtaining restraining orders
• Changing names

Washington is a no fault state, which means that you do not need to prove wrongdoing in order to be entitled to a divorce. Either person may file a petition for divorce.

If the couple is in agreement about the terms of the divorce, they still have to wait a minimum period of 90 days from the time the case is started before the divorce can be final. If the couple is unable to reach an agreement, a trial may be needed to have a judge determine the terms of the divorce. The time it takes to reach trial varies from county to county, but around a year is fairly typical.

The state of Washington has a mandatory 90-day waiting period between the start of a divorce and the time when it can be finalized in order to give the parties a chance to change their minds. The divorce is considered final when the court signs the Decree of Dissolution.

If the parties are able to reach an agreement on all issues, the divorce may be finalized as soon after the 90-day waiting period as they are able to present the final orders to the court. If they are not able to reach an agreement within the 90 days, they will need to wait until they have reached an agreement or have gone through a trial.

If the parties need a trial, the wait time varies from county to county, but a wait of a year is not uncommon. In some counties, a trial date is assigned when the case is filed; in other counties, it is not assigned until the court is requested to do so.

A legal separation is basically the same as a divorce except that when it is over, the parties are still married even though they are no longer a couple.

A legal separation goes through the same process as a divorce and involves the same issues: separating property and debts, establishing child and spousal support obligations, making parenting arrangements, and obtaining restraining orders. As in a divorce, a trial may be needed if the parties are unable to agree on the terms of the legal separation.

After a period of six months following the finalization of the legal separation, either party can convert the legal separation to a divorce by making a motion to the court. Generally, this is a simple step, as the division of assets, debts, and responsibilities has been worked out already in the legal separation.

In a divorce, all property is to be divided in a manner that is fair and equitable. That means that the judge has almost unlimited authority to decide the proper disposition of assets and liabilities.

Oftentimes, separate property (property acquired before or after the marriage, or during the marriage by gift or inheritance to one person) will be awarded to the party that acquired it. On the other hand, community property (property that was acquired during the marriage that was not gifted to or inherited by one party) is divided. However, in order to achieve an overall fair result, the court can award one party a larger share of the community property and even the separate property of the other spouse.

The court may also award spousal support, a name change, and continuing restraining orders. If minor children are involved, the court will also determine appropriate child support and parenting arrangements.

The short answer to this question is no – you are not legally required to hire a lawyer. That said, an experienced family lawyer can help you navigate the legal system and make sure your present and future interests are protected, as well as those of your children.

If you don’t already have an attorney, you can talk to a family lawyer at any point in the process. However, we recommend that you speak with an attorney as soon as you think you may want to file for divorce. Divorce is a significant life event, and, believe it or not, many people decide to reconcile with their spouse once they begin working through the questions concerning custody of their children and the division of marital assets.

If you are committed to filing for divorce, engaging an attorney at the very outset can help the process go as smoothly as possible. They may also be able to negotiate with your spouse so that you can file for an “uncontested” divorce, which can save you a considerable amount of time, money, and stress.

Due to ethical guidelines which determine conflicts of interest for both attorneys and firms, only one spouse/person/party can be represented by an attorney from our firm. Clients are welcome to inquire whether we can offer the other party referrals to attorneys in the area. If two people are pursuing mediation, an attorney serves as a neutral third party for both spouses/parties. Once we are providing a couple with mediation services, neither spouse can then hire an attorney at our firm for their representation (or vise versa).

If you and your spouse find this information discouraging, as you wished to share a lawyer to save on costs or to have a more collaborative legal matter, then I encourage you to look into the Collaborative family law method for your pre-nup or divorce.

You and your spouse can agree to file for divorce in any county in Washington State. Should you choose to file in the Seattle area, the King County Court handles family law matters for the residents of Seattle, including divorces and legal separations, child custody matters, division of property, and child and spousal support issues. There are two King County courthouses, one in Seattle and one in Kent. Depending on what part of the county you reside in, you will need to designate which courthouse your case should be filed with. Keep in mind that the case designation and even the county location need only match your address in the event of a contested case.

When a matter is contested, this means that the spouses/parties are disagreeing over certain aspects of the divorce. In family law, this means the matter will likely become litigious, meaning its resolution will need to be overseen by a judge and disputes resolved via the courts.

When a relationship ends in divorce, a person often wants to reinstate the name he or she (but most commonly she) had prior to the marriage. In most cases, a person has simply started using a spouse’s name without having their name legally changed, which means that person can simply go back to using their given name when they choose to do so.

At the same time, it may be useful to have a court order showing the premarriage name has been reinstated when the married name has been used in land or car title records, social security records, etc. If this is the case, the name change should be requested in the petition or response and included in the Decree of Dissolution.

Sometimes children’s last names may also be changed if the court finds it to be in their best interests.

If domestic violence occurs, call 911 immediately.

You can obtain restraining orders to keep the other person away from you in several different ways. If an arrest for domestic violence takes place, the criminal court may require the accused person to stay away from the victim. A victim of domestic violence may also seek a protection order through their local court. Finally, as part of a divorce action, a person may seek both temporary and continuing restraining orders.

If the restrained person violates the restraining order, they may be subject to arrest.

If a restraining order is in place, the protected person cannot waive the restraint without having it dismissed by the court. In other words, if there is a restraining order against you, you may be subject to arrest if you violate the order, even if the protected person has invited you to be with them.

Restraining orders are court rulings that prohibit certain actions under penalty of law. These can be orders that require one person to stay away from another person or even avoid contact with the other person. The restrained person can be arrested for violating these orders.

Restraining orders can also be used to prevent the parties from getting rid of assets, changing insurance policies, or moving children out of the area while the divorce is pending.

Protection orders and antiharassment orders are forms of restraining orders that can be obtained outside of a divorce proceeding when violence or threats of violence have taken place between people. If you have been the victim of domestic violence, contact your local court to find out how to obtain a protective order.

You may be able to appeal the court’s final order in your divorce if you are within a certain timeframe for filing a Notice of Appeal. Our firm does not have an attorney able to support with appeals.