How to File for Divorce in Washington State: A Step-by-Step Guide

How to File for Divorce in Washington State: A Step-by-Step Guide

Filing for divorce in Washington State can seem overwhelming, but understanding the process can make it more manageable. This step-by-step guide will help you through each stage of the divorce process in Washington State.

Step 1: Determine the Grounds for Divorce

In Washington, you can file for divorce based on the irretrievable breakdown of the marriage, which means that the marriage cannot be repaired. You do not need to prove fault, such as infidelity or abandonment, to file for divorce.

Step 2: Ensure Residency Requirements

To file for divorce in Washington, either you or your spouse must have lived in the state for at least six months prior to filing. This is a crucial requirement that must be met to move forward with the process.

Step 3: Prepare Your Documents

You will need to complete several forms to initiate the divorce process:

  • Petition for Dissolution of Marriage: This document formally requests the court to end your marriage.
  • Summons: This notifies your spouse of the divorce filing.
  • Confidential Information Form: This provides the court with your personal information.

Step 4: File Your Documents

Visit your local Superior Court to file the completed documents. You will need to pay a filing fee, which varies by county. If you cannot afford the fees, you may apply for a fee waiver.

Step 5: Serve Your Spouse

After filing, you must serve your spouse with the divorce papers. This can be done through a process server, a sheriff, or by having a third party over 18 deliver the documents. Your spouse must be informed of the divorce, and they must receive the papers within 90 days of filing.

Step 6: Response from Your Spouse

Your spouse has 20 days (or 60 days if they live outside Washington) to respond to the divorce petition. If they agree to the divorce and the terms, you can proceed to finalize the process as uncontested. If they disagree, you may need to go through mediation or court hearings.

Step 7: Consider Mediation

If you and your spouse have any disputes regarding property division, child custody, or support, mediation may help you resolve these issues amicably. Many counties in Washington require mediation before your case can go to trial.

Step 8: Finalizing the Divorce

Once you and your spouse reach an agreement, or if the court decides in your favor, you can finalize your divorce. If uncontested, you may be able to complete a Final Divorce Order without going to court. For contested cases, you may need to attend a hearing where a judge will make a decision on any unresolved issues.

Step 9: Obtain Your Final Orders

After the judge signs your Final Divorce Order, ensure you obtain a certified copy for your records. This document is essential for making any changes to legal documents, such as changing your name or updating bank accounts.

Step 10: Post-Divorce Considerations

Following your divorce, be sure to update your estate plans, beneficiary designations, and any financial accounts. Consider consulting with a financial advisor or attorney to understand the implications of your divorce and how to plan for your future.

Filing for divorce can be a challenging experience, but with this step-by-step guide, you can navigate the process more easily. Remember to seek professional advice if you have specific legal or financial concerns.