Experienced, Compassionate Seattle Divorce Lawyer
Coming to the decision that a divorce is necessary to resolve your marriage issues is not something that any married couple arrives at easily. You may have worries about what will happen to any assets gained during your union and how much of the marital debt you will have to bear. As a community property state, Washington law may not recognize some of your property as yours alone and require that a portion goes to your partner. To get a better understanding of how the Seattle divorce process works, a Seattle divorce lawyer from ZafiroLaw is here to help provide you the information you need to make the best decisions possible during the difficult process of divorce.
How Do I File for Divorce in Seattle?
No matter what leads to your marriage breaking down, the state of Washington does not require someone to be at fault. As a no-fault state, the only reason necessary for divorce is that your marriage is irretrievable, meaning you and your spouse will not reconcile. Under the law, only one of you needs to file for divorce with the belief that your marriage is irreconcilable, regardless of your spouse protesting your action.
Requirements for Filing A Divorce Action
Washington Divorce Residency Requirements
Before filing for divorce in King County or Snohomish County, you need to be certain that the state has jurisdiction over your case, which means you will also need to ensure you have filed in the correct county or courthouse within the state.
If you meet any of the below factors, you can file for divorce in the state of Washington:
- You or your spouse are a Washington resident
- You are a military member stationed in Washington
- Your spouse is a military member stationed in Washington and will be so for at least 90 days after you file and serve your divorce action
To make sure you have the right venue for your case, you will need to file in the county where you or your spouse lives. For example, if you live in Kirkland, Washington, you would need to submit your petition for dissolution of marriage to the King County Superior Court.
Forms Necessary for a Seattle Divorce
To file for a divorce, the state requires both you and your ex-spouse to fill out several documents, the primary one of importance being Petition for Dissolution of Marriage. This form will outline to the court your preference for the division of debts and property, any spousal support you would want to receive, and any custody plans you have in mind for your children, and other related issues.
Besides the initial petition, you must also file the following:
- Summons
- Confidential Information Form
- Vital Statistics Form.
Any mistakes made could cause your divorce to be delayed or give your former spouse more than what they are entitled to in property and assets. It is best to rely on an experienced Seattle divorce lawyer like those at ZafiroLaw to handle the completion and filing of these documents. We can review what you are asking for and advise you on how the court may respond to your request.
Financial Disclosure Requirement
Before the court can enter orders that require a party to pay the other party Child Support, Spousal Maintenance, or Attorney Fees, a Financial Declaration is needed by the court. Normally, this is handled at the very beginning of this process and will require you to share all information regarding your income, assets, expenses, and debts.
Knowing what should or should not go onto the disclosure involves an in-depth understanding of Washington divorce law regarding asset and debt division. ZafiroLaw has many years of experience helping couples in Snohomish and King Counties with this step.
Impact of Conflicts in a Seattle Divorce Proceeding
If you can agree on all the issues and have your paperwork filed correctly, a judge will likely dissolve your marriage. If faced with a dispute regarding how your assets will get divided or which parent your child will primarily live with, it is vital to find a way to resolve the issue before your case goes to trial. The court requires that parties participate in Alternative Dispute Resolution, which is also known as “Settlement Conference” or “Mediation” where a neutral third-party will try to mediate the situation and help you both reach a compromise.
In situations where mediation fails, the court will schedule a trial date and render a decision on any disputed issues. Once this step is complete, a final “Decree of Dissolution of Marriage” will be ordered.
What Do I Have to Prove to Get Divorced?
Because Washington is a no-fault state, spouses do not need a “ground” for divorce or to prove any wrongdoing. Simply stating that the marriage is “irretrievably broken” is reason enough to justify a divorce.
- You do not need to be separated before filing for divorce.
- You can still get a divorce even if your spouse does not agree to one.
With that said, you will need to meet a few other requirements to be granted a divorce:
- You must be legally married.
- You and your spouse must live in Washington.
- You must file a Petition for Dissolution and Summons.
A divorce can only be granted 90 days after the Petition for Dissolution and Summons has been served on the other party or a signed “joinder” is filed.
Will My Seattle Divorce Be Public Information?
Generally, divorce cases are public records in Washington. What this means is that others can view court entries on the docket, pleadings, and other orders.
There are several exceptions, however. Your Seattle divorce attorney will explain which parts of your divorce will be made public and what steps you can take to protect sensitive information.
By default, certain types of information will not be of public record. A document called the Confidential Information Form (CIF) will be available to the court but not the public. This document contains personal information for both parties, such as:
- Social Security numbers
- Addresses
- Dates of birth
- Employers
- Phone numbers
Other records may also be sealed, including those that contain financial information, health care records and records relating to parenting evaluations.
If you’re concerned about your personal information being made public during your divorce, an experienced divorce attorney can help you understand your options and the best course of action to take.
What information will be made public? Statements and court orders related to:
- You and your spouse
- Your children
- Your finances
Unfortunately, the court has limited power to seal this information.
The simplest way to minimize public information about your divorce is to settle matters outside of the courtroom via arbitration, mediation or collaboration.
How Much Could a Divorce Cost?
The cost of divorce can vary greatly.
Most divorce cases don’t go quite as smoothly. Typically, each party will hire their own Seattle divorce attorney. Costs will depend on the complexity of the case and how willing the parties are to come to an agreement.
The longer a divorce drags out, the higher the cost. Contested divorces can cost $10,000 or more.
But the alternative can also be costly. Without the help of an attorney, one spouse may wind up with fewer assets than they deserve.
A divorce attorney will advocate for your rights and advise you every step of the way.
How Long Could My Divorce Take?
One of the leading questions we receive as a Seattle divorce attorney is, “How long will this take?” Divorce is a stressful time in anyone’s life. Even if you’ve been unhappy in your marriage and want a divorce, it will take its toll on you.
Unfortunately, there’s no exact timeframe for your divorce because it can be contested or uncontested.
Contested Divorce
Contested divorces are never easy. We know first-hand that divorces can be hard-fought, and emotions will run high. A contested divorce is when the couple cannot agree on the dissolution of marriage.
Washington is a no-fault state, which means that you may believe the marriage is beyond repair and file for divorce at any time. You don’t need to prove that one spouse was at fault for the marriage ending.
However, let’s assume that you have been married for 10 years, accumulated $500,000 in various assets and you agree on most terms. Your spouse believes one of the following:
- You’re undervaluing a community asset
- They deserve a higher division of assets
- You’re concealing assets
In this case, your divorce is contested. It will need to go through extensive negotiations and may even end up with the court deciding on key issues. As your attorney, we advise negotiating with your ex and coming to terms outside of court because it’s faster and less expensive.
Contested divorces can last 6 – 12+ months on average.
If you have extensive assets and they’re in question, it can take well over a year for everything to be settled.
Uncontested Divorce
An uncontested divorce is the ideal situation. You’ve fallen out of love and both parties agree that it’s time to close this chapter in their lives. If you can sit down with your spouse and hash out the following, it will speed up the process:
- Division of assets and debts
- Parenting plan
Every divorce has a 90-day waiting period, so you can expect that your proceedings will take at least three months. The court wants to make sure that you’re 100% positive that you want to end your marriage.
In the best-case scenario, we can finalize your divorce in 91 days, but everything must go just right for this to happen.
Otherwise, if anything goes wrong, you can expect the process to take 3 – 12 months.
Hiring An Experienced Seattle Divorce Attorney Near You
Over 22,000 couples ended their marriage in Washington in 2022. Many hired a lawyer – some did not. Hiring an attorney to handle your divorce will provide you with peace of mind that some of the most challenging months of your life will be guided by a legal professional who:
- Helps with filing paperwork
- Answers your questions
- Assists with child support filings
- Negotiates on your behalf to ensure your marital assets and debts are divided fairly
- Communicates with your spouse or their attorney for you
- Protects your rights and streamlines divorce proceedings
Divorce is emotional and tiring but necessary when two spouses are unhappy in their marriage.
Don’t go into your divorce without an attorney by your side.
Call us at 206-547-9906 or fill out the contact form to schedule a consultation. We’ll be happy to walk you through the divorce process, parenting plans and child support.
How ZafiroLaw Can Help With Your Seattle Divorce
At ZafiroLaw, we believe that knowing what to expect during a divorce marital dissolution proceeding can help you make rational decisions and avoid unnecessary disputes that cause drawn-out divorce experiences. Reach out to Katrina Zafiro, an experienced Seattle divorce lawyer, today and set up a consultation to learn more about the divorce process before you file.
We can also advise you on any special requirements your local court might have in addition to state law. Our divorce lawyers are currently based out of Seattle in King County and serve many cities in the area, including Kirkland, Bellevue, Renton, Redmond, Kent, and Mill Creek. We also take family cases in Snohomish County. Call us at 206-547-9906 or contact us online!
