Divorce
Divorce, formally called “dissolution of marriage” in Washington State, can be a challenging and complicated event. The end of a marriage can feel like the end of a lifetime, the end of hopes and dreams, and the end of stability. There are many uncertainties and emotions associated with the dissolution of a marriage, and this can make it difficult to navigate the sometimes lengthy divorce process.
When a marriage is irreparably damaged, divorce or legal separation may be in the best interest of both parties. Washington is a “no fault” state, which means that all divorce petitions are submitted to the court on the grounds of an “Irretrievable Breakdown of the Marriage”. A divorce will be granted by the court if it is a legal marriage or domestic partnership, both parties meet residency requirements, one spouse believes the marriage is irretrievably broken, the dissolution procedure is properly followed, and the mandatory ninety day waiting period has passed.
What are my options?
There are several options available for those who wish to end a marriage, including annulment, legal separation, and dissolution.
- Annulment – the nullification of a marriage because the court finds the marriage was legally invalid from its beginning. This is rarely pled and is only granted in extreme cases. The court issues a Decree of Invalidity in this event.
- Legal Separation – a formalized legal contract that allows people to remain legally married or in a domestic partnership. This contract allows both parties to come to an agreement on assets, child support, spousal maintenance, etc. This option is sometimes chosen for religious or economic reasons, or is a temporary agreement used by people who are separated but working to reconcile the relationship. The court issues a Decree of Legal Separation in this event.
- Divorce – the legal termination of a marriage or domestic partnership. The court makes provisions for the division of property, financial assets, liabilities, and child custody in addition to deciding monetary requirements for spousal maintenance and child support. The court issues a Decree of Dissolution of Marriage or Decree of Dissolution of Domestic Partnership in this event.
There are many legal considerations during a divorce. To be granted a divorce in Washington, you or your spouse must be a resident on the date your petition for dissolution is filed. There is a specific process that must be followed that allows the divorce to be completed in a timely matter.
How Does the Divorce Process Work?
- The divorce proceedings start when you file a Petition for Dissolution of Marriage or Petition for Dissolution of Domestic Partnership with the court. With your petition, you file a set of documents you and your divorce attorney prepare which outline suggestions for child custody, parenting plans, spousal & child support, property & debt division, protection orders, and a summons. The spouse who files the initial paperwork is name the “Petitioner” in all dissolution paperwork.
- The other spouse (known as the “Respondent”) is then served the petition and a summons. The respondent has 30 days to file a Response to the Petition for Dissolution if s/he wishes to contest or change the terms put forth in the petition. If your spouse agrees on all issues, s/he signs a “joinder” on the petition and it becomes an uncontested divorce.
- After the spouse files a response, the petition goes into a 90 day waiting period before it can be signed by a judge and made official. This waiting period is often referred to as a cooling off period. It is intended to allow time for a reconciliation between parties, or time to come to an agreement on contested terms of the petition. The judge may issue temporary orders for child support, spousal maintenance, a parenting plan, and/or protection during this waiting period. If you have children, you will be required to attend parenting classes during this waiting period. Proof of parenting class attendance must be filed by both parties before the divorce can be finalized.
- After the waiting period, and if all conditions of the petition are agreed upon by both parties, the dissolution is granted. The judge issues permanent orders for division of property, division of financial assets & debts, child support, an official parenting plan for child custody, spousal maintenance, and/or protection. The final documents are filed with the court and copies are given to both parties. The divorce is complete and the petitioner and respondent are no longer legally married.
The divorce procedure can be long and complex. It is an asset to have an experienced lawyer on your side who will fight for your rights, advise you on legal matters, and help you to complete your dissolution efficiently and quickly. We are here to help. Please, call us at (509)325-4828 or contact us to schedule an appointment to discuss your options.
