If you and your spouse agree on all issues, the divorce is uncontested. Your final documents will match your petition for dissolution. If there is disagreement, the divorce is contested. These orders are in effect only while your divorce is pending and should be entered in any contested case to ensure proper management of your case while awaiting final court orders. In Washington State, when children are involved in a divorce, the parties are required to attend a mandatory seminar that addresses the impact of divorce on children.
Unless attendance is waived, parents must attend the parenting seminar and provide proof of their attendance and completion to the court before their case will be finalized by the court. Discovery is a process during which you can acquire information that relates to your divorce from your spouse or others.
Discovery may include sending specific questions Interrogatories and requests for specific documents Requests for Production to your spouse. Requests for documents can also be sent to third parties, like banks, to get information that may assist you in preparing your case. Discovery also includes Depositions, which allows your lawyer, with the opposing lawyer also present, to ask a witness questions in front of a court reporter or other official reporter.
Your divorce lawyer will help you to develop a discovery plan to get the information you will need to complete your case.
Divorce Process in Washington State. Below are the four basic steps in getting an uncontested divorce in Washington State: Complete divorce forms. Washington is a “no-fault” divorce state. You do not need to prove a spouse was “ at fault.” You must only prove irreconcilable differences: you no longer get.
Many Washington courts, including King, Snohomish, and Pierce Counties, require both parties to make attempts to settle their differences by alternate dispute resolution, i. One exception to this rule may be where domestic abuse has occurred.
Mediation refers to use of a qualified neutral third party who attempts to facilitate settlement. In mediation, the neutral is not an advocate and will not provide legal advice.
Most discussions that occur in mediation are not admissible in Court under the public policy consideration that favors a free exchange of information between the parties to help them resolve their differences. Arbitration refers to the use of a third party, either an attorney or former judge, to hear and decide the disputed issues. You and your spouse may settle your divorce case after agreeing to a settlement proposal or through negotiation, mediation or another similar resolution process.
Our dedicated managers will collect all the papers for your divorce and will send all the forms right to your email in less than 1 hour. Learn more about how to find a good divorce mediator. The consultation with the family law attorney will leave you with a much clearer understanding of your situation and allow you to move forward with confidence. We will process your request within 5 business days after we've received all of the documents and materials sent to you. However, extra costs, like delivery service or photocopying might also appear.
Your attorneys will prepare final orders setting out those agreements property settlements, parenting plan, child support, etc. Your divorce will be final when the court approves the settlement and the family law judge signs the agreement. In Seattle and the surrounding areas making up King County, trial is scheduled almost a year after your case is filed.
At trial, you and your spouse will both have the opportunity to present your case to the court and request that the judge decide the issues in your favor. Afterwards, you or an attorney can prepare the paperwork within a day or two and mail the signed forms to the court. Since the process is so straightforward attorneys are able to charge far less too.
It would be a hassle to drive to eastern Washington for a court date if you live in Kent and it will be a pain to move an active case to a county court closer to home. On a related note, sometimes there will be a dispute down the road and the case will need to be reopened. For example, if the parenting plan is no longer workable because both parents moved to different cities, they may want to make a change. This is different than the above example where there is an active case. It is much easier to reopen the case in a new county, than to move an active case.
Even though the divorce was finalized in Wahkiakum County, the parents can reopen the case in the county they live in now, there is just a higher fee since the case is in a new county. They both have slightly different requirements. In general I prefer to work with Wahkiakum County. Below are the steps to file in Wahkiakum County. There are a lot of options when it comes to preparing your divorce paperwork. You can do the research, print off the forms, and fill them in yourself.
Alternatively, you can use a DIY service like we have at Truce Law that simplifies the paperwork by asking you to fill in a questionnaire, which will use your answers to generate the forms. Lastly, you can hire an attorney to prepare the paperwork for you. If your notarized signatures on the Verification of Findings and Conclusions are different than the signatures throughout the rest of the documents, a judge may reject your forms and request they be resent.
Personal checks will not be accepted. You may combine all costs on your chosen payment method. Choose the money order. If you would like the court to mail or email you copies of the completed forms, this mailing will include instructions on how to request copies.
Washington has a mandatory cooling off period of 90 days before it will finalize divorce documents. After the day period the court will review your forms and finalize the divorce.
Wahkiakum County does not notify you by phone or mail when the divorce is finalized. They will send copies of the final paperwork if copies are paid for in advance. This depends mostly on how you decided to prepare the paperwork.
I hope this gave you a firm understanding of the divorce by mail process. We specialize in uncontested divorce and after an initial meeting we can prepare the forms for most clients within a day. Thanks for reading. My goal is to make divorce as easy as possible for each client I work with.
Table of Contents How do I qualify for divorce by mail? Where can I get a divorce by mail?