How Do I Get a Divorce in Washington State?

Home » Frequently Asked Questions » How Do I Get a Divorce in Washington State?

Married couples enter a marriage with the intent of “happily ever after,” but things don’t always go as planned. Choosing to get a divorce in Washington state will be filled with a whirlwind of emotions. We understand that you’re up against:

Major life changes
Potential child custody issues
Loss of people in your life who were family

You’ve built a life together with your spouse, and now, you’ll be facing long talks about marital assets, debt, and maybe child custody.

Understanding how the process works and the road ahead may help ease some of the fear and anxiety you’re experiencing.

Table of Contents

Do I Have to Have Grounds for Divorce in Washington?

In 2022, 22,000 couples filed for divorce. Washington is a no-fault state, which means that you don’t need to prove anything to dissolve your marriage. Your spouse can protest the divorce, but it doesn’t matter because you only need to have the belief that the marriage is “irreconcilable.”

Your filing for divorce is enough to start the process.

How Do I File for Divorce in Washington?

Multiple forms must be filled out throughout the divorce proceedings. The main form you’ll need to fill out is the “Petition for Dissolution of Marriage,” and also a Summons. Over 10 pages of information must be provided before submitting the form, including but not limited to:

Petitioner and respondent’s full names
Information about where each party lives
Information about the marriage, such as date, city, if you live in the same household, etc.
Request for divorce
Court preference
Division of property and debt requests
Much more

You’ll need to file a confidential information form and vital statistics form, too. Financial disclosure requirements must also be met.

If you’re sure that you want to get a divorce in Washington state, it’s important to understand that you have a long road ahead of you. Divorce is not instant, and if it’s not amicable, it may be a very emotionally charged process.

You’ll want to take your time filling out the forms, especially if you’re not using a lawyer because mistakes will delay the process. A divorce lawyer will review all of the documents for you and help you avoid potentially costly mistakes.

How Long Will Divorce Take in Washington?

Your divorce may be “quick,” but many will take 3 – 12 months to resolve. If you have a contested divorce, it’s not uncommon for the proceedings to drag on and last 6 – 12+ months. There is also a mandatory 90-day waiting period for the State of Washington.

A divorce will be one of the following:

Contested: A contested divorce can become nasty very quickly. Negotiations will need to take place, assets may be concealed or undervalued, and the court may even need to decide on issues. Some contested divorces are less severe than others, and if you have a high net worth with substantial assets, the process may take longer.
Uncontested: If you and your spouse decide that dissolution of marriage is the best path forward, and can agree on the division of assets and any potential parenting plans, it’s the fastest path for a divorce. The courts would rather have you decide how to split your assets and share custody.

If you have children and cannot agree on a parenting plan, this will slow the divorce proceedings even further.

How Is Divorce Treated Differently If We Have Children?

If you want to get a divorce in Washington state and have children, it will require additional steps and plans to be taken for:

Creating a parenting plan
Determining child support

Child custody issues can add substantial time to a divorce. In most cases, the court prefers a parenting plan that allows both parents to be in the child’s life for a substantial amount of time.

How Could Our Property and Assets Be Divided in a Divorce?

Property and asset division is often a source of contention in a divorce. How they are divided will depend on several factors, including whether the property is community or separate.

Division of Community Property

RCW 26.16.030 defines community property as assets or property:

Accumulated during the marriage
Belonging to both spouses

Examples of community property can include:

The marital home
Retirement benefits
Investments made during the marriage
Cars
Rental Properties

In the state of Washington, community property is divided fairly and equitably between both parties.

An attorney can help negotiate a divorce settlement that is fair to both spouses.

Division of Separate Property

Unlike community property, separate property belongs to an individual spouse. Separate property is obtained before marriage or after the date of separation. Gifts to one spouse, such as inheritance or family heirlooms are often also considered separate property.

Separate property isn’t divided among spouses and is instead awarded to the spouse who owns it. However, it is still taken into consideration by the court.

Should I Use A DIY Platform for My Divorce?

DIY platforms are appealing for divorce. Costs are lower, and the idea of doing everything online sounds convenient.

However, DIY platforms are really only effective for couples who have:

An amicable relationship
Already come to an agreement on their divorce
The property and debt issues are not extensive
The marriage was a truly short-term marriage

If either party disagrees on issues like property division, parenting plans, or debt division, taking the DIY approach is not advised.

Although it may seem convenient and beneficial, few couples will find that an online divorce is appropriate for their situation.

When there are disagreements on important matters, consider hiring an attorney instead.

An attorney will:

Serve as your advocate and work to protect your interests
Ensure your specific needs are met
Guide you through the process and help you make important decisions
Ensure you don’t make costly errors during proceedings

In some cases, DIY platforms can make a divorce more complicated. If there are errors in your filing forms or you don’t meet the right requirements, you could still wind up in court.

An attorney can help you avoid these issues and simplify things so that you can focus on starting a new chapter in your life.

Hiring ZafiroLaw to Help You Get a Divorce in Washington

Divorce is rarely simple. An experienced divorce attorney can help you understand what to expect and serve as your advocate.

ZafiroLaw can help you get a divorce in Washington State and navigate this complex process.