If you and your spouse are ready to bring your marriage to an end, you may have the option of pursuing an uncontested divorce. In an uncontested divorce, the spouses reach a comprehensive agreement on property division, financial support, and parenting time (if applicable) on their own (often with the assistance of counsel) and then submit it to a judge for approval. Once the judge signs off on their divorce, the marriage is over.
While going through an uncontested divorce may sound fairly straightforward in concept, various issues can arise. As a result, in the vast majority of circumstances, it is important for both spouses to have an experienced Seattle uncontested divorce lawyer on their side.
Why It’s Important to Work with a Lawyer When Going Through an Uncontested Divorce
Why is it important for most spouses to work with a lawyer when going through an uncontested divorce? Some of the main reasons to hire an experienced Seattle uncontested divorce lawyer include:
1. Washington’s Divorce Laws Are Complicated
Divorcing spouses must ensure that the terms of their divorce comply with Washington law. They must also ensure they make informed decisions based on their rights under the law. Here are just a few examples of where this comes into play during the divorce process:
- Community vs. Separate Property – While there are exceptions, the general rule in Washington is that spouses’ “community” assets are subject to an equitable division during the divorce process, while each spouse’s “separate” assets are usually theirs to keep. If you don’t know which assets qualify as “community” and “separate,” you won’t be able to make informed decisions about which assets are on the table in your divorce.
- “Best Interests” Factors for Determining Parenting Time – When developing a parenting plan during the divorce process, parents must make decisions based on their children’s “best interests” as determined by Washington law. If you aren’t familiar with these factors or how they apply in your specific circumstances, you will run the risk of developing a parenting plan that the judge won’t be able to approve.
- Post–Divorce Financial Support Obligations – Washington law establishes specific factors for calculating child and spousal support. Here too, understanding how the law applies within the specific context of your divorce is essential. It is also important to be aware of the limitations of child support and spousal support, including when support orders could be modified in the future if circumstances change.
Even if you and your spouse are willing to work together, you both need to ensure that you are making legally sound decisions. If you reach an agreement that the judge can’t approve, you will have no choice but to go back and try again.
2. Comprehensiveness is Key
When going through an uncontested divorce, comprehensiveness is key. Since you won’t have a judge overseeing the process, it will be up to you and your spouse to ensure that you do not leave any important questions unresolved. Some examples of oversights that can lead to problems down the line include:
- Overlooking community assets (or debts) that are subject to distribution in your divorce;
- Overlooking sources of income that are relevant to calculating child support or spousal support; and,
- Overlooking holidays, curfews, and other specific situations and issues when developing a parenting plan.
When you hire a divorce lawyer to represent you, your lawyer will be able to help ensure that you take a comprehensive approach to all of the property-related, child-related, and financial aspects of your divorce. This way, when your uncontested divorce is over, you can feel confident that you have truly put your marriage behind you.
3. Disagreements Can (and Do) Arise During Uncontested Divorces
Pursuing an uncontested divorce does not mean that you and your spouse will immediately be in agreement on all of the various issues involved. Disagreements can (and do) arise during contested divorces, and when they do, finding a way to reach an agreement is essential to keeping the process on track. A lawyer who has experience representing spouses during the uncontested divorce process will be able to help you make informed decisions about how and when to compromise—as well as how and when to challenge your spouse’s unreasonable or unwarranted requests.
4. Uncontested Divorces Can Become Contested
Just because a divorce begins as an uncontested divorce doesn’t necessarily mean it will remain uncontested throughout the process. If you and your spouse reach an impasse, there may come a time when standing up for your legal rights means taking your divorce to court.
First and foremost, an experienced divorce lawyer will be able to help you work to avoid this scenario. However, if avoiding this scenario is not possible, it will be important for you to have a lawyer who is prepared to take appropriate legal action on your behalf.
5. There Are Specific Requirements for Securing Judicial Approval
When it is time to seek a judge’s approval for your uncontested divorce, there are several specific requirements you will need to meet. These include substantive requirements (i.e., the terms of your divorce settlement agreement), technical requirements (i.e., timing and signature requirements), and procedural requirements (i.e., filing all necessary documents in the appropriate court). An experienced divorce lawyer will be able to help ensure that you do everything that is required to bring your marriage to an end without unnecessary complications or delays.
These aren’t the only reasons to work with an experienced lawyer during the uncontested divorce process, but they are among the most important. Ultimately, when going through a divorce, it is critical to ensure that you are making informed decisions focused on the future, and, in the vast majority of circumstances, this requires the advice of an experienced divorce lawyer.
Request an Appointment with an Experienced Seattle Uncontested Divorce Lawyer Today
If you have questions about hiring a lawyer to help with your uncontested divorce in Washington, we invite you to contact us. Call 206-784-3049 or contact us online to request an appointment with an experienced Seattle uncontested divorce lawyer today.