A divorce often becomes a real struggle for spouses in the United States, especially for those who have never dealt with any legal processes. To go through marriage dissolution as painlessly as possible, it is paramount to get acquainted with its basics in the first place. In this article, you will find useful information on obtaining a divorce in Washington state.
1. Is Washington a No-Fault State?
Washington is a no-fault state. Unlike in many other US states, you do not need to prove any of your spouse’s wrongdoings to end a marriage, which makes this process easier and faster. It means that when filing for divorce, the only reason you should claim is the “irretrievable breakdown” of marriage.
2. What Are the Grounds for Divorce in Washington State?
According to R.C.W. § 26.09.030, the only ground for a divorce in Washington State is irretrievable marriage breakdown, which presupposes that you and your spouse cannot continue living together due to serious misunderstandings. Moreover, when claiming this ground, you do not need to provide further details or explanations to the court.
3. What are the Legal Requirements for Filing a Divorce in Washington State?
To file for a divorce in the state, you must meet the residency requirements. In WA, there are no specific requirements for spouses seeking marriage dissolution; one just has to be a resident of the state, no matter how long they live here. However, there are still some conditions for a couple who has children. To get a divorce, one must ensure their kids reside in the state for at least 6 months before filing.
4. What Are the Steps in the Process of a Divorce?
Divorce in Washington State consists of the following steps:
- Paperwork Preparation. To begin a divorce, you must collect and prepare the forms you will provide to the court later. If you are filing without an attorney, you must find all the papers on your own. During this step, it is important to ensure that any document you collect and prepare is court-approved. As soon as you have all the forms, you need to fill them out. Some forms will have instructions that you must follow. You must also ensure that you provide only correct and up-to-date information and make no mistakes. The court will return any incorrect documentation for revision.
- Filing. After you have prepared your package of forms, you should make copies of each document. Bring the papers to the clerk’s office in your county’s superior court. Alternatively, you can do it in the county of your spouse’s residency. You will also have to pay a filing fee that depends on the county.
- Serving Papers. As soon as you file the papers with the court, you must notify your spouse about the divorce proceedings. WA courts do not allow the petitioner, an individual who initiates a marriage dissolution, to deliver the papers personally. You should ask an adult third party or a private process server to deliver the papers to the other spouse. If your spouse accepts the service, they must sign the Service Accepted form. If they do not agree to sign the papers, a person responsible for delivery will need to fill out a Proof of Personal Service and file it with the court.
- Completing the Waiting Period and Getting Your Divorce Finalized. After a mandatory 90-day waiting period, the court can start reviewing your case. If you and your spouse have some issues you did not manage to resolve, both of you need to participate in court trials where the judge will make a final decision. If you have reached a full agreement and created a Settlement Agreement, you may not be required to be present in court on the final hearing date. On the day of the final trial, the judge will check your paperwork to ensure it is in order and sign the decree.
5. What Forms Do I Need to File for Divorce in Washington State?
The package of forms you need to file largely depends on the details of your case. For example, if you have children or want to receive alimony, you will need to include all the related papers. Here is the list of the most common forms you have to file:
- Petition for Divorce
- Summons
- Confidential Information Form
- Proof of Personal Service or Service Accepted
Please be advised that this list is not full, and you will definitely need to get more forms. To determine their exact number, you should consult a lawyer, work with an online divorce service, or do your own research.
6. How to File for Divorce in Washington?
As mentioned above, you must file the forms you have prepared with your county’s superior court. The court clerk will take the forms and assign you a case number. They will also time-stamp the copies of your papers and give them back to you. During this step, you will also have to pay a filing fee of approximately $300, which may depend on the county.
In case you cannot pay these costs, you may ask the court to waive them by filing a Motion and Declaration for Waiver of Civil Fees and Surcharges and Financial Statement. The judge will check whether you qualify and sign the respective order. If you are not eligible for a waiver, you will have to cover the costs.
7. Can I File for Divorce Without a Lawyer?
It is possible to file for divorce without an attorney if your case is uncontested. Therefore, you and your spouse must discuss important aspects like property division, child custody and support, alimony allocation, etc., and reach a full agreement. If you manage to do so, you can begin your divorce and go through all the steps independently.
8. Can You Get a Divorce Without the Other Person Signing?
Even if your spouse does not accept the service, your divorce can still be finalized. All you need to do is provide the court with Proof of Personal Service from the individual who delivered the papers to the other party.
Your spouse has 20 days to respond to the service; if they fail, you should also file an Order of Default with the court. After that, the judge will review your case and can grant you a default divorce.
9. How Long Does Washington State Divorce Take?
A divorce in Washington may take approximately 3 months if it’s uncontested and at least a year if the case is contested. To finalize an uncontested marriage dissolution, you must wait until the mandatory waiting period is over, which is 90 days. After that, the court can start working on your case. However, please note that the length of the process will largely depend on the court’s workload.
A contested divorce is much longer and more expensive than an uncontested one since the spouses will need months to visit court hearings to defend their interests, gather evidence, involve experts and witnesses, etc.
10. How Long Do You Have to Be Separated Before Divorce?
There is no mandatory separation period in Washington State. However, you can convert a legal separation decree to a divorce order if you have changed your mind when the decree is already in effect. After six months of being legally separated, one of the spouses can file a motion for the court to change a legal separation decree to a divorce decree, preserving all the already effective orders.
11. Is Washington a 50/50 State for Divorce?
Washington is a community property state, meaning all marital property is usually divided 50/50 between spouses. According to the laws, any assets or property acquired during the marriage are considered marital, even if only one of the spouses officially owns them.
Moreover, even if one of the spouses has separate property, for example, received through inheritance but acquired during the marriage, the court can still consider it community.
However, there are some cases when the judge does not necessarily divide assets and property equally:
- The marriage lasted for a long time, and one of the spouses hadn’t been working and, therefore, could not maintain a standard of living on the same level as before.
- One of the spouses has a disability that does not allow them to work.
12. Who Gets to Keep the House in a Divorce in Washington?
Since Washington is a community property state, the court usually divides the house 50/50 between the spouses if it is considered marital property.
In case a couple still pays the mortgage, it will be divided as an equal debt between both parties if they can afford it. If one of the spouses won’t be able to pay the mortgage, the court may recommend selling the house to avoid financial complications.
However, if it is proved that the house is solely a separate property, it will be awarded to one spouse unless the couple has previously agreed to divide it. Finally, if only one of the spouses receives primary custody rights, it’s more likely that they get the right to continue living in a family house.
13. How Is Debt Divided in a Divorce?
Just like with community property, all debts acquired during the marriage are usually divided equally between the parties, even if only one of the spouses is obliged to pay them.
However, if the couple has acquired a considerable debt during the marriage, but the spouses’ income levels are different, the division won’t necessarily be roughly 50/50. In this case, the court will decide who has more financial capabilities to pay it and who should get a bigger share of marital property to compensate for the expenses.
Finally, the spouses are not responsible for each other’s debts acquired before the marriage. Moreover, if you were unaware that your spouse had incurred a considerable debt and deliberately kept it a secret from you, the court may consider it separate. However, it largely depends on the judge who will review your case.
14. Who Gets Custody of Child in Divorce in Washington State?
In Washington State, child custody rights are currently referred to as “decision-making authority,” “parenting plan,” and “residential schedule.”
Parents have to discuss what type of custody each of them wants to get and create a parenting plan they must present to the court later. It generally includes:
- Decision-making responsibility of each parent
- Where the child will live (residential schedule)
- Holiday and vacation schedule
- Agreement about transportation of the child between the households
- How parents are going to resolve any issues or disputes regarding their children
This plan can be either joint if spouses are willing to cooperate or separate. If the couple is unable to work on the parenting plan, the court will create it. The judge will base their decision on various factors, but their main priority is always the best interests of the child.
15. How to Manage Child Support and Alimony Under Washington Divorce Laws?
According to the state laws, both parents must financially support their children. A non-custodial parent pays support to the custodial one. In Washington, it is usually paid each month. Even if parents share custodial rights equally, one of them may still pay support to the other if their income levels are considerably different.
The court calculates the amount of child support using the Washington State Child Support Schedule. The judge also considers the income of both parents and the child’s individual needs.
Moreover, in WA, either spouse can be awarded alimony (or maintenance) if they need financial support. Alimony can be paid while the divorce case is in progress or for a certain period after the marriage dissolution is finalized.
When making maintenance decisions, the judge takes into account the following factors:
- Income levels of both spouses;
- The standard of life in a marriage and whether both parties can maintain it after divorce;
- Whether one of the spouses requires some time to get an education to be employed;
- Marriage length;
- Age and health of each party.
16. Does Adultery Affect Divorce Proceedings?
Сheating usually does not affect any divorce proceedings in the state. Since Washington is a no-fault state, there are no specific divorce laws on adultery. However, in some separate cases, the judge can take it into account when dealing with assets division, alimony, and child custody award if the parent’s behavior poses a certain danger to the kid’s well-being.
17. Does My Spouse Entitled to My Retirement in Washington State?
A spouse may be entitled to the other party’s pension benefits if they were acquired during the marriage. As with assets and property, 401(k) in divorce is also subject to division.
All the funds in this plan are usually considered community property and may be split between the parties if there are no previous agreements. The judge will consider various factors while making a decision.
Retirement benefits acquired before the marriage will likely be considered separate and not divided.
18. What Is a Military Spouse Entitled to in a Divorce in Washington State?
Washington courts have separate military divorce laws for spouses on service when it comes to property division and child custody and support.
Apart from the general division of assets, the court may also divide a military retirement. However, such decisions are based on the 10-10 Rule, which regulates that pensions can be split 50/50 if the marriage lasted more than 10 years and one of the spouses served in the army for 10 years during the marriage.
Child custody and support are generally approached the same way as for civilian spouses. However, WA laws made it easier for a military parent to pass some responsibilities on to a family member while they are on active duty.
19. When Is a Divorce Considered Finalized in Washington?
In Washington State, a marriage dissolution is finalized as soon as the judge signs the Divorce Decree.
20. Is There a Way to Divorce Without Going to Court?
You can easily avoid the trial if you reach a full agreement with your spouse and file the correct paperwork with the court. If the judge has no questions regarding your case, they won’t order you to come to the final hearing.
Even if you cannot agree with your spouse on some aspects, you may go to mediation. A professional mediator will help you reach a consensus so you won’t need to argue over your case in court.