Learn how you can file a divorce in Washington State without court appearance using Washington Divorce Online. Uncontested Divorce in Washington. However, your spouse must consent to the divorce papers being filed in Lincoln County before you can go ahead. An uncontested divorce in Washington State is a divorce in which neither spouse is the defendant. If you are unable to agree on any significant issue relating to the divorce, your case is "contested," which means you'll have to go to trial and allow a judge to resolve your disputes. But when two people are facing irreconcilable differences, divorce is often the best option, even though the process can be difficult and emotional. (Wash. Rev. This needs to be a fair and equitable process that takes into account the nature of the assets, how long the marriage lasted, the economic circumstances of each spouse, and other personal factors. The attorney will prepare all legal documents and oversee the process of them being signed. The law will still keep you from moving to the state and immediately getting a divorce, though. Alternatively, you can file in Lincoln County, which allows non-residents to file divorce papers in its jurisdiction. For more information on uncontested divorces in Washington, see Washington Statutes, Chapter 26, Section 9. For self-help options, visit Washington Law Help for information, forms, and guidance. This is the best role for an uncontested divorce. If the court approves your divorce settlement and custody arrangement, the judge will sign the Findings of Fact and Decree of Dissolution. However, your divorce can be easier, and more like a polite negotiation than a boxing match. This gives all the same outcomes as an uncontested divorce, but does not legally end your marriage. The best candidates for an uncontested divorce are a couple with no children, few assets to split, who have an amicable relationship. If you’ve prepared the papers yourself, an attorney review will ensure that all paperwork is correct. This article provides a general overview of the process of obtaining an uncontested divorce in Washington. If you’re unsure about an uncontested divorce, you can also get a legal separation. Doing it alone can feel like a huge burden, but having an attorney you trust to help you through the process takes away some of the stress and lets you focus on more important life choices like finding a new place to live or spending time with family. It is completed by one spouse and will be served to the other spouse. For example, it might be decided that one spouse will keep the marital home to live in with your children. You’ll experience significant delays of paperwork being rejected if everything isn’t in order. Code Ann. The role of a mediator is slightly more in-depth. Uncontested or "simplified" divorces are available to couples with or without children and are generally much less expensive than contested divorces. If you’re thinking about getting a divorce but you’re unsure of the process, this guide will give you everything you need to know about an uncontested divorce in Washington State. Legal Grounds for Divorce . Even if you are on good terms with your spouse, a mediator will help minimize arguments when it comes to splitting assets, which can make the process much smoother. Divorce is inevitably difficult for the adults and children involved. Washington offers a simplified process for uncontested divorces if spouses can agree on all issues in their divorce—divorce courts in the Evergreen State refer to this simplified process as a "divorce by agreement.". Here are the steps you’ll need to take in Washington: Start by determining which county you can petition for divorce in and find the local courthouse in that county. A Washington state uncontested divorce is essentially an expedited divorce process. After 90 days have passed, you can then file for a dissolution of the marriage. any other issues related to your marriage. However, if you have issues reaching agreement on the settlement, a hearing will need to be arranged to come to a legal agreement in front of a judge. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Anyone can file for an uncontested divorce as long as their spouse agrees to the settlement conditions. Just like a contested divorce, an uncontested divorce will legally end your marriage. The last thing you want is delays due to incorrectly filed documents that could have easily been taken care of by a trained attorney. This will ensure you are both happy with the agreement terms. The divorce cannot be granted until 90 days have elapsed after the petition for divorce is filed. Do Not Sell My Personal Information, division of real estate and personal property. However, this can leave one spouse with a slight advantage since they will get expert legal advice which is tailored to their best interest. All rights reserved. Legal Divorce Service, Attorney reviewed uncontested divorce documents, serving Washington State. When you’ve filled out the necessary forms, you need to file them in the appropriate county. This joinder section will be filed with the rest of the petition. Complete this document and file it with the court clerk to begin your case. File for a divorce without an attorney in the State of Washington. Best price $ 139. Best price $139. This usually isn’t necessary in an uncontested divorce. The basic steps of a divorce in Washington state involve completing the petition for dissolution of marriage form, filing that form, and serving the petition to your spouse. The spouse who files the initial paperwork is called the "petitioner," and the other spouse will be the "respondent." Our experienced Washington State uncontested divorce attorneys can handle your situation as well, allowing you to breath easier knowing that all the little details will be taken care of in an efficient and professional manner. At Bliss Law Group, we will provide you with the legal guidance you need … Washington State Courts have a set of online forms you need to fill out (these are also available as hard copies at all courthouses in Washington). Uncontested Low Cost Flat Fee Divorce. Usually, however, it’s the non-custodial parent – the parent who spends less than half of the time with the child (or children) – who actually pays support. However, this is the most common option. In cases where you and your spouse live in different counties of Washington, you can file in either spouse's county. Once 90 days from the filing date have passed, the judge will review your paperwork. § 26.09.006.) Even if you think you’ll agree on splitting your assets and debt, arguments quickly arise when one spouse feels unfairly treated. You can either file them in your home county or the county where your spouse resides (if this differs). If you and your spouse agree on the divorce from the very beginning, you can also file jointly. To prove you reside in Washington State, you’ll need to show proof of one of the following: Apart from proving residency in Washington State, there are no other prerequisites for filing for uncontested divorce. The Washington State Courts offer online forms for completing an uncontested divorce or in hard copy at your local courthouse. Even though you bought the house together and technically could request the sale of the house to split the asset. In short, yes. An uncontested divorce Washington is a divorce in which both spouses are in complete agreement about everything. Uncontested Divorce in Washington State: The Complete Guide, How To Have an Effective Co-Parenting Relationship. (Wash. Rev. If they don’t approve of filing in Lincoln County, you’ll have to use either your or your spouse’s home county. The judge will then review all of your documents and once approved, the divorce will be final. Code Ann. The forms you’ll fill out are as follows: There are additional forms if you and your spouse have children together who are under the age of 18: If you do have children, you’ll also be required to attend a divorce education course and provide proof of your attendance during the divorce proceedings. What You Need to Do Immediately After a Car Accident, Elder Abuse Increasing During Covid: What You Can Do, Your spouse currently resides in Washington, Either spouse is a member of the armed forces currently stationed in Washington, Division of all debt accrued during the marriage, All other issues pertaining to your marriage, Confidential Information Form (and Attachment), Proof of Mailing (for all documents after you file), Washington State Child Support Schedule and Economic Table, Washington State Child Support Worksheets, Minimizes disputes and keeps amicable relationships intact, More private since court hearings don’t need to be involved, Easier to split assets equally and keep assets that are important to you, Can lead to one spouse having a disproportionate advantage over the other (especially if there is any history of violence or abuse), Difficult if your spouse is being difficult or refusing to be cooperative, Issues arise if you cannot agree on the sharing of assets, Can be a complicated process if you’re not comfortable with the laws in Washington State, Can be complicated if you have minor children and need to agree on custody and support payments, A substantial amount of paperwork to complete, Counsel for one spouse (if the other is pro se, or acting without an attorney), Support for both spouses (to revise and draft documents), Mediator between both spouses (if difficulties dividing assets arise), You’ve only been married for 1 to 3 years, You have no adult children who depend on either you or your spouse, You have less than $30,000 in personal property, Neither you nor your spouse is asking for spousal support. Any property or assets owned prior to the marriage is not considered community property and will not be subject to the divorce proceedings. However, if you plan to file for divorce without the help of an attorney, the judge will expect you to file the right forms in the correct location. This includes property, earnings, pension benefits and 401(k)s. Bear in mind that splitting assets “equally” does not always mean a 50/50 split. The 90-day clock begins to run as soon as the petition is served. agree on all divorce-related matters before you file your petition with the court. The spouse who files is the Petitioner; the spouse who responds is the Respondent. The attorney listings on this site are paid attorney advertising. When spouses can compromise and keep open communication throughout the divorce process, they can retain control over the decision-making process in their divorce rather than leaving it all up to a trial judge. Washington State Does Not Recognize Common Law Marriages You’ll then have to wait 90 days for the courts to finalize the divorce. By VSSF They are free to fill out online but some courthouses require … You are required to wait a minimum of three days before applying for another marriage license in Washington State. The no-fault ground for divorce in the State of Washington is that the marriage is irretrievably broken. § 26.09.030.). If you live in Washington state and if your spouse will sign the divorce papers in agreement, then Kevin Hogan, Attorney at Law will prepare and file everything so you never have to go to court or attend any classes. If you have questions about the Washington State divorce process, you should contact a local family law attorney for advice. Because of this, even if you don’t need outside counsel, hiring an attorney as support will ensure your paperwork is correct and no delays will happen. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Remember, this can be your home county, your spouse’s home county, or Lincoln County, but you’ll need permission from your spouse to file in Lincoln if you’re not a resident there. With a divorce by agreement, the spouses must agree on all divorce-related issues, including child custody and child support, if children are involved. Online Divorce in Washington. The most common role of an attorney is counsel for one spouse. However, many divorces take longer than 90 days to finalize due to a … Waiting Period There are restrictions on who is legally allowed to serve the summons, your local court clerk will give you advice on this. The average contested divorce in Washington costs $27,310, but an uncontested divorce can be handled for a fraction of that price because it takes much less time. Where couples agree on the terms of their divorce, Washington law makes it easy to finalize the terms of a divorce. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. September 18, 2020 Code Ann. The difference is you’ll need to fill out the joinder section of the petition. For example, an early agreement removes the need for temporary order hearings, which can be expensive. Uncontested Divorce in Washington D.C. 100% Court Approval Guarantee. When you file for divorce, you must include the following forms: If you and your spouse have children together under the age of 18, then you must include the following additional forms: Before you submit your paperwork, check with your county clerk to make sure the judge handling your case doesn't require additional forms. The only legal grounds for a divorce in the state of Washington is that the marriage is irretrievably broken. Although this is practically the same process as a divorce, there is different paperwork you must submit. Washington requires everyone who wants a divorce to wait 90 days in a cooling-off period. 6. Uncontested Divorce $495 plus $344 court filing fee. Having outside counsel gives you both a sounding board to reduce arguments and help you reach the fairest compromise possible. If you prepare the paperwork yourself, the judge will expect everything to be in perfect order and filed in the correct place. According to Washington State law, any property acquired during your marriage is community property and must be divided equally. You can get an uncontested divorce only if you and your spouse agree on all issues. Divorce - State Law Summary - Washington. Uncontested or "simplified" divorces are available to couples with or without children and are generally much less expensive than contested divorces. However, if you file for a legal separation but your spouse counter-files for a divorce, it’s likely that the divorce will be granted. In this instance, the courts will intervene and help resolve any issues. Washington State Courts have a set of online forms you need to fill out (these are also available as hard copies at all courthouses in Washington). This means one person wants the divorce and will serve the divorce papers to their spouse (even though they agree to the divorce terms). Confidential Information Form (and Attachment), Proof of Mailing (for all documents after you file), Findings of Fact and Conclusions of Law, and, Washington State Child Support Schedule and Economic Table, Washington State Child Support Worksheets. RCW 26.09.030. Divorce is called dissolution. For this reason, uncontested divorces are overall much quicker and less expensive than a contested divorce. This usually happens when one spouse seeks the advice of an attorney to file the uncontested divorce papers. Courts in Washington don't require any divorcing spouse to hire an attorney. Washington has 39 superior courts, which are courts of general jurisdiction and oversee divorce cases and trials. To make the settlement as easy as possible, it’s a good idea to arrange a meeting with your spouse along with a mediator to discuss all assets, debt, and child custody (if required) to come to an agreement on all aspects and ensure both parties are happy. Instead, you must file to end your domestic partnership. But if you and your spouse are still on good terms and you believe you could reach agreements without the need for the courts, an uncontested divorce can make the process much easier. After completing those steps, how you move forward will depend on whether your divorce is contested or uncontested. An uncontested divorce can make the separation process easier and less stressful. Some counties have more than one superior court. They are free to fill out online but some courthouses require a fee for filling them in in-person. On the other hand, a contested divorce in Washington State costs an average of $20,000 per party (mostly due to attorney fees). In Washington, divorcing spouses (contested or uncontested) must meet the state's residency requirement before the court accepts the case. It means that one spouse doesn’t get an unfair advantage over the other, and both get equal legal advice and representation. These will be an additional fee and depend on how long you need the attorney for. In the process, all of your assets accumulated during the marriage will be split, and one spouse might receive an alimony payment. In some states, the information on this website may be considered a lawyer referral service. The clock begins when the Petition for Dissolution of Marriage is filed and served to the non-filing spouse. In Washington, a court could order one or both parents to support a child (or children). To begin the process of an uncontested divorce, you must know your spouse’s address and both agree on the terms of the divorce. You only need to show that you are facing irreconcilable differences, no matter what they may be. No one gets married with plans to get divorced. We encourage you to call us so we can learn more about your needs and how we … An uncontested divorce occurs when: (a) there are no disagreements between you and your spouse over any financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support); and (b) your spouse either agrees to the divorce, or fails to appear in the divorce action. For the process to work, however, your partner will need to agree on the following: If you can’t agree on any of these issues, an uncontested divorce will not work and you’ll need to go through the process of a contested divorce. Although an uncontested divorce isn’t possible in every divorce case, there are several key benefits of an uncontested divorce in Washington State if it’s a possibility for you: However, there are several disadvantages of an uncontested divorce too: If you would like to go ahead with an uncontested divorce but the paperwork is intimidating, a divorce attorney will be able to help you ensure everything is filled out correctly and you’re getting the fairest terms. Irretrievable breakdown of the marriage is the only grounds to end a marriage. Arrange for the summons to be served to your spouse as soon as possible. If you have additional questions about obtaining an uncontested divorce in Washington, contact an experienced family law attorney for assistance. Virtually everyone getting a divorce (called a ‘marital dissolution’ in Washington State) wants to know how much it will cost to hire an attorney. Divorce services come in two basic price-categories: contested and uncontested. You and your spouse may choose to hire an attorney to act as support or mediator when reviewing the paperwork. The fee can differ between counties, so check with the clerk before filing to ensure you have posted the correct amount. After you agree, our Washington State uncontested divorce lawyers handle everything else. Fo… However, there are still three important roles that professional attorneys may play: Let’s take a closer look at each of the roles a divorce attorney can play in an uncontested divorce in Washington State. In this case, one spouse must still be the petitioner and the other the respondent. Are Parenting Plans Affected By New Covid restrictions? This is an option if a divorce isn’t a viable option, such as if your religion doesn’t allow divorce. An uncontested divorce is a type of divorce where couples agree to negotiate and settle their divorce issues outside of court. Contrastingly, a contested divorce can easily take twelve months or longer, depending on the complexity of the marital assets. Washington offers a simplified process for uncontested divorces if spouses are able to agree on all issues in their divorce. Online divorce may be appropriate for couples who have an uncontested case. It doesn’t matter that you agree on everything. FL Divorce 201: Petition for Divorce (Dissolution) ... Washington State Child Support … It's important to understand that if you file the wrong forms, submit your petition without all the required forms, or bring your paperwork to the wrong court, the judge may dismiss your case, and you will have to start the process over. You may have heard that you don’t need an attorney for an uncontested divorce, but it’s actually a much smoother and easier process to have the support of a divorce lawyer who can help guide you through the process and give legal advice as needed. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Divorce and Other Options for Ending Your Marriage without Children in Washington State Authored By: Northwest Justice Project Read this in: Spanish / Español. the filing spouse currently resides in Washington, either spouse is a member of the armed forces currently stationed in Washington, or, one spouse is married to a state resident. Divorce in Washington State; More than 40% of all granted Washington State divorces are uncontested divorces. Washington only grants divorce on a no-fault basis. Technically, a divorce in Washington State can be finalized 90 days after the Petition for Dissolution of Marriage is filed and is signed by both spouses (or is signed by one spouse and served to the other spouse). If you disagree about any of these issues, your divorce is not uncontested. File for a divorce without an attorney in the State of Washington D.C. Make your uncontested divorce process seamless and straight forward by using Washington D.C. Online Divorce assistance service. This is the absolute minimum amount of time it will take to obtain a divorce in Washington State. Most uncontested divorces filed in Washington State cost between $500 and $700. The divorce process may also involve limiting contact if needed and one spouse may change their name if they changed it during the marriage. If served in Washington state, your spouse will have 20 days to respond. Read more » No comments yet. This also doesn’t take into account the cost of attorney or mediation fees if required. Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Last year, more then 5,000 divorces in Washington State were filed without court appearance. Also, Washington State has a residency requirement for any divorcing spouse, whether they are contested or uncontested. If they do not want to get divorced or you cannot agree on how to split assets, you’ll need to file for a contested divorce to settle these differences formally. It is where you and your spouse sit down and agree in advance on all of the critical issues regarding your divorce. Uncontested Divorce. You should draft a divorce settlement agreement that covers child custody, child support, alimony, and the division of marital property and debts. All the costs are stipulated by the Supreme Court and can vary according to the terms of your case. Many people believe that if they file for an uncontested divorce, there is no need to hire a divorce attorney. Filing for a divorce, even an uncontested one, is an emotional and stressful process. In Washington, the minimum length of a divorce case is three months. In an uncontested divorce, both spouses agree on the issues involved in the divorce, such … You cannot file for a contested or uncontested divorce if you’re in a domestic partnership. File divorce papers with the court. A divorce petition must be filed in the county where you live, not where you got married. These types of divorces are commonly referred to as divorces by agreement in Washington. That means complete agreement that a divorce is necessary, complete agreement about the division of property, and complete agreement about child custody and child support. Some courts will require a fee if you request forms in-person, so be sure to call the court clerk before you go to the courthouse. Although they are acting on behalf of one spouse, both eventually benefit since all legal work is taken care of. Divorces don’t happen overnight. Support is less common, but involves the attorney advising both parties after the papers have been drafted. The process of filing for divorce as a sole petitioner is quite lengthy. It can include the attorney help that may cost $500-600 per hour. Uncontested Divorce in Washington 100% Court Approval Guarantee. 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