Choosing to dissolve a marriage is a difficult decision and can be one of the hardest life events to navigate. The divorce process may be much more involved and slower than you expect. You will have to resolve many important issues regarding finances, shared property, spousal maintenance, and more. If you share children, decisions will have to be made regarding child support and how to split parenting time between your new households.
Washington is a “no-fault” state. That means you do not have to provide any reasons for the divorce beyond the fact that it is “irretrievably broken.” Couples do not assign blame or provide reasons why the marriage did not work. As long as one party wants to file for divorce and all the steps are completed correctly, then the state will still grant the divorce, regardless of whether the other spouse disagrees.
To file for divorce in Washington, either spouse must be a resident that has lived in the state for at least six months. Proof of residency may include a voter registration card, financial statement, or a driver’s license.
HOW LONG WILL IT TAKE TO GET DIVORCED IN WASHINGTON STATE?
Legal proceedings often take much longer than expected. Most people want to know how long it will take to be officially divorced. The answer is, it depends.
No divorce may be finalized before a 90-day mandatory waiting period is complete. The countdown begins once the summons and petition are filed and served on the other party. The idea behind the waiting period is to allow the parties time to cool down and possibly reconcile.
A divorce may be finalized sooner if the parties are able to settle their case without going to trial. The vast majority of cases do not go to trial. Parties may settle at any time before the trial court’s final ruling. Some parties are even able to settle before the petition is filed.
Settling a case quickly and amicably is encouraged by courts. In King County, one of the deadlines established by the court requires the parties to participate in what is known as “alternative dispute resolution” (ADR), where both sides are required to attempt settlement outside of court with the help of a neutral professional, such as a mediator. If full settlement is reached, the parties typically just need to sign the final pleadings (e.g., Final Divorce Order, Parenting Plan, Child Support Order, etc.) and submit them to the court. The court must still approve of the settlement and a judge must sign and file the final pleadings.
If your case is contentious, it will take longer. Often, a schedule is issued by the court that will determine the general timeline for your case. In King County, trial is usually scheduled to begin about 11 months after the date the petition was filed. The schedule lists several important dates or deadlines to complete other requirements. Both parties must comply with these deadlines so that the court does not dismiss the case. For instance, in addition to ADR, parties with minor children have to complete a court-ordered “Parenting Seminar” by a specific date.
Some counties do not automatically assign a date for trial. Instead, a trial date must be requested once all pre-trial matters have been addressed.
It is possible for parts of a case to be settled while other aspects are addressed at trial. For instance, if both parties agree to a Parenting Plan and Child Support Order, these aspects do not need to be discussed at trial. In this case, only the elements of finances (e.g., property division, spousal maintenance, etc.) would need to be resolved through trial or arbitration. If the remaining matters to be resolved are relatively minor, like deciding who retains the family pet, then submitting the remaining issues to arbitration may be more practical than going to trial. Each part of a case that settles can help reduce the amount of time needed for trial and, by extension, the accrual of attorney’s fees and other costs attendant to trial.
HOW MUCH DOES A DIVORCE COST IN WASHINGTON STATE?
Divorce costs vary significantly depending on the complexity of the case.
The fee to file for a dissolution of marriage in King County is $315 (including processing fee).
In addition, the parties must brace for costs that include things like additional attorney fees, service fees, professional evaluations or reports, expert witness fees, and court reporter fees.
For a basic, uncontested case, you can expect to pay around $2,500. Review our fee structure for more information. Fees will increase with any additional court appearances, filings, responses to motions, and more. You can safely anticipate additional charges any time paperwork is drafted and submitted or a judge is seen. If a highly contentious case must go to trial or arbitration, costs could soar to $50,000 per side or even more.
WHY SHOULD I HIRE AN ATTORNEY?
While it’s not mandatory to hire counsel when filing for divorce, it is highly recommended. The laws surrounding divorce can be complex, especially if children or large assets are involved. If your divorce is highly contentious, hiring a lawyer is in your best interests. You do not want to face the legal system on your own and possibly lose everything.
It is commonly believed that hiring an attorney will result in higher costs, longer waits, and more paperwork. However, having a good attorney may streamline the process and even reduce your overall final costs. Your attorney will help you to discern which issues are worth your time and money to pursue. An attorney may also help you to find hidden assets or gather critical evidence that you may need at trial. If your spouse hires a lawyer, the outcome will be better for you if you hire a good attorney, as well.
As your attorney, Mr. Lewis will incorporate your priorities into an effective legal strategy. While he works to find amicable solutions, Mr. Lewis strives to protect his clients’ rights in court. Our team will walk you through every step, clarify confusing legal jargon, help you to complete paperwork, and meet important deadlines.