Divorce in Washington is called dissolution of marriage. This is a formal legal process by which the legal union between two parties is ended. This legal process can become complicated as the threads that tied the married couple together both in terms of family and finances must become unraveled by the court. It is usually preferable for the couple to decide the terms of the divorce outside of court. This is not always possible, and Washington state law defines a number of rules and guidelines that are used by the courts when called upon to make decisions on money, support and children during marriage dissolution.
Who can file for divorce in washington?
Unlike in many states, there is no requirement that you live in Washington for a period of time before filing for a divorce. As long as you are a resident of Washington state on the day that you file a petition to dissolve your marriage, the Washington courts will hear your case.
Must we be separated first?
There is no formal requirement that you and your spouse must be legally separated prior to divorce.
How much does it cost?
Filing fees for divorce papers cost between $200 and $280 in Washington depending on which county you live in. There may also be other court fees for things like service of process (delivery of the divorce papers to the other spouse) or photocopying. If you cannot afford the court fee, the court may waive it. These fees are, however, simply court fees and not legal fees. If you decide to hire an attorney and/or if your case is complicated or your divorce takes a long time, costs can rise quickly and significantly.
How long will it take?
There is a three-month waiting period after divorce papers are filed. This means that after the petition is filed, the judge will not sign the divorce decree for 90 days. This is done to give the parties time to reconcile. This is a minimum waiting period. If your divorce is contested and/or if you are litigating issues of property or custody, the legal process (and thus the divorce itself) may drag on for months or even in rare cases for a term of years before everything is finally resolved and your marriage is legally dissolved.
Do I need grounds for divorce in Washington?
There is only one ground for divorce in Washington. To get a divorce, the marriage must be "irretrievably broken." This is the grounds you will use whether you are divorcing because of adultery, abuse, neglect or because you simply don't want to live together or don't love each other any more.
Is it better if I have grounds for divorce?
Washington will only dissolve a marriage if it is "irretrievably broken." You do not need specific reasons or grounds for this; as long as you assert that your marriage is damaged beyond repair, and you meet the other requirements of a divorce in the state, Washington will grant your divorce. There is no benefit to trying to prove one party caused the marriage to be broken.
Can I get temporary support during the divorce?
The court or judge may award temporary support for both a spouse who needs support and for children during the 90-day waiting period before a divorce is final. Temporary support can be obtained by petitioning the court for a support order and by showing that there is a need for such support.
How is marital property handled in divorce in Washington?
Washington is a community property state, so all assets and possessions acquired during the marriage are considered to belong to the "community" made up of the husband and the wife. This is true even if one party made significantly more money than the other or if one party did not work outside of the home at all. All property acquired during the marriage will be split 50-50 among the two parties. There are some exceptions to this, though. For example, if a person inherits money while he or she is married, the inheritance will not be considered community property unless the money was mixed with "community" funds. If a person came into the marriage with separate property which wasn't intermingled or improved by the spouse, that property will also usually continue to belong in full to the party who owned it prior to the marriage.
How are retirement assets divided?
Retirement accounts are usually considered to be marital assets that are to be divided among parties. However, there are many different retirement accounts and there are some rules regarding when the accounts can be cashed out in many cases. Because accounts cannot just be divided at the time of the divorce, a Qualified Domestic Relations Order (QDRO) is usually used so the non-earning spouse will receive a fair share when it comes time to retire and when the account vests.
What are the child support guidelines in Washington?
Child support is mandatory if there are dependent children. The appropriate support payment is based on the number of children, their ages, their needs and each parent's income. Generally, if two parents have joint custody of a child or multiple children, then the parent who earns more money will still pay child support to the other. Payments for child support last until the child is 18 or graduates from high school.
What about spousal support or alimony?
Spousal support or "maintenance" is awarded when one spouse has a need and the other has the ability to pay. Marital misconduct has no bearing on whether alimony will be awarded or on the amount of alimony. To determine if alimony is appropriate in a given divorce, the court will look at each party's financial condition, earning prospects, age and health. The court will also consider the length of the marriage and the standard of living during the marriage. When alimony is deemed to be appropriate, the court may award it on a temporary or permanent basis. Temporary alimony can be used when one of the spouses simply needs some time to be able to enter the workforce and/or improve skills to become more employable and earn a better living. Permanent alimony is awarded if the receiving spouse is expected to have a continuing ongoing need for support and/or if the discrepancy in income between the two spouses is likely to continue for the long term. Even permanent alimony can stop under certain conditions though, like the remarriage of the receiving spouse.
Can we reach a marital settlement agreement out of court?
Divorce proceedings will be much less costly and shorter if an out of court agreement can be reached between the two parties. The court will usually simply approve such an agreement, rather than needing to hear arguments and weigh evidence in order to make a decision on disputed issues.
What happens if we can't agree on settlement terms?
When a couple is not able to agree on an out-of-court settlement, the dispute may be sent to mediation by the court. The two parties may also choose voluntary mediation to assist them in reaching an agreement that is acceptable to both of them. A mediator is a trained independent third party who helps the couple to communicate and come to an agreement. The mediator doesn't tell the couple what to do or make them do anything, so both parties generally must be committed to trying to make mediation work if it is to be successful. If mediation and/or other forms of alternative dispute resolution (like a collaborative divorce where the parties work together) are not desired or effective, then the court will litigate disputed issues and make a binding decision.
Other Important Considerations in Washington Divorce Cases
There are a few other things to be aware of in a Washington divorce. A wife may have her maiden name restored in a divorce. Prenuptial agreements will generally be enforced as long as they meet the terms of a valid legal contract and they were made without fraud or duress.
Getting Help
Divorce is an emotionally difficult time and there are many legal complexities involved in getting a divorce. For help ending your marriage, you should strongly consider speaking with a lawyer. Your attorney can take care of the technical aspects of the divorce for you, helping you to keep emotion out of the picture as much as possible and also helping to make sure your rights are fully protected.
