Once 90 days from the filing date have passed, the judge will review your paperwork. In an uncontested divorce, both spouses agree on the issues involved in the divorce, such … 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. For self-help options, visit Washington Law Help for information, forms, and guidance. In the process, all of your assets accumulated during the marriage will be split, and one spouse might receive an alimony payment. If you prepare the paperwork yourself, the judge will expect everything to be in perfect order and filed in the correct place. They are free to fill out online but some courthouses require a fee for filling them in in-person. For more information on uncontested divorces in Washington, see Washington Statutes, Chapter 26, Section 9. 6. A divorce petition must be filed in the county where you live, not where you got married. In this instance, the courts will intervene and help resolve any issues. We encourage you to call us so we can learn more about your needs and how we … You can get an uncontested divorce only if you and your spouse agree on all issues. Legal Divorce Service, Attorney reviewed uncontested divorce documents, serving Washington State. The role of a mediator is slightly more in-depth. Divorce and Other Options for Ending Your Marriage without Children in Washington State Authored By: Northwest Justice Project Read this in: Spanish / Español. This shows the vast difference between the two and the money you can potentially save when filing for an uncontested divorce. But when two people are facing irreconcilable differences, divorce is often the best option, even though the process can be difficult and emotional. 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. 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.". 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. An uncontested divorce in Washington State takes an average of three months to complete. 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. © Copyright 2019- Van Siclen Stocks Firkins. This article provides cost information on both, to the extent available. The fee can differ between counties, so check with the clerk before filing to ensure you have posted the correct amount. Washington requires everyone who wants a divorce to wait 90 days in a cooling-off period. After you agree, our Washington State uncontested divorce lawyers handle everything else. Support is less common, but involves the attorney advising both parties after the papers have been drafted. The clock begins when the Petition for Dissolution of Marriage is filed and served to the non-filing spouse. It is where you and your spouse sit down and agree in advance on all of the critical issues regarding your divorce. Divorce is inevitably difficult for the adults and children involved. 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. It is completed by one spouse and will be served to the other spouse. Legal Grounds for Divorce . Uncontested Divorce in Washington 100% Court Approval Guarantee. This gives all the same outcomes as an uncontested divorce, but does not legally end your marriage. Having outside counsel gives you both a sounding board to reduce arguments and help you reach the fairest compromise possible. When you’ve filled out the necessary forms, you need to file them in the appropriate county. Do Not Sell My Personal Information, division of real estate and personal property. Anyone can file for an uncontested divorce as long as their spouse agrees to the settlement conditions. 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). Washington State Uncontested Divorce, generally $795 to $1,195 Flat Fee applies for drafting documents and includes all court appearances. Even if you think you’ll agree on splitting your assets and debt, arguments quickly arise when one spouse feels unfairly treated. Divorces don’t happen overnight. You only need to show that you are facing irreconcilable differences, no matter what they may be. 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. 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. Irretrievable breakdown of the marriage is the only grounds to end a marriage. 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. In this case, however, both spouses are advised at the same time and the attorney doesn’t represent one individual. 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. 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 really nothing more than a negotiated or an amicable divorce. Any property or assets owned prior to the marriage is not considered community property and will not be subject to the divorce proceedings. The divorce process may also involve limiting contact if needed and one spouse may change their name if they changed it during the marriage. Call for a free 5 minute consultation with an attorney to see if we can help you. Uncontested Divorce $495 plus $344 court filing fee. An uncontested divorce Washington is a divorce in which both spouses are in complete agreement about everything. You can either file them in your home county or the county where your spouse resides (if this differs). (Wash. Rev. However, this is the most common option. The only legal grounds for a divorce in the state of Washington is that the marriage is irretrievably broken. An uncontested divorce can make the separation process easier and less stressful. Washington only grants divorce on a no-fault basis. Read more » 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. If the court approves your divorce settlement and custody arrangement, the judge will sign the Findings of Fact and Decree of Dissolution. Most uncontested divorces filed in Washington State cost between $500 and $700. 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. 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). All the costs are stipulated by the Supreme Court and can vary according to the terms of your case. A Washington state uncontested divorce is essentially an expedited divorce process. File divorce papers with the court. An uncontested divorce is a type of divorce where couples agree to negotiate and settle their divorce issues outside of court. By VSSF FL Divorce 201: Petition for Divorce (Dissolution) ... Washington State Child Support … Uncontested Low Cost Flat Fee Divorce. The attorney listings on this site are paid attorney advertising. This is the absolute minimum amount of time it will take to obtain a divorce in Washington State. Many people believe that if they file for an uncontested divorce, there is no need to hire a divorce attorney. Regardless of whether your divorce is contested or uncontested, it is important to work with a Washington divorce attorney who is experienced, qualified, and cares about you as a person. 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. Arrange for the summons to be served to your spouse as soon as possible. Divorce services come in two basic price-categories: contested and uncontested. Code Ann. This article provides a general overview of the process of obtaining an uncontested divorce in Washington. 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. They can also make sure that both parties are happy with the agreements made and give peace of mind that there won’t be any issues when filing. However, it’s not always possible when one spouse disputes the divorce or you find it difficult to come to agreements on important points such as assets or child custody. The judge will then review all of your documents and once approved, the divorce will be final. If they don’t approve of filing in Lincoln County, you’ll have to use either your or your spouse’s home county. Contrastingly, a contested divorce can easily take twelve months or longer, depending on the complexity of the marital assets. 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. Below are the four basic steps in getting an uncontested divorce in Washington State: Complete divorce forms. You will also need to pay an additional court filing fee of around $300. Uncontested or "simplified" divorces are available to couples with or without children and are generally much less expensive than contested divorces. When divorcing spouses can agree on all the terms of their divorce, they can pursue an "uncontested" divorce. Serve your spouse with the divorce … any other issues related to your marriage. The uncontested divorce in the Washington State costs approximately $15,000. If you’re still unsure whether hiring a divorce attorney is the right choice, here are some benefits: A family law expert will be able to take care of legal paperwork for you and ensure all paperwork is filled out correctly. You are required to wait a minimum of three days before applying for another marriage license in Washington State. 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. Fo… § 26.09.006.) As well as any assets, any debt accrued during the marriage is also considered community debt and the responsibility of paying it is split equally (unless other arrangements are agreed upon during the divorce proceedings). Since Washington is a no-fault state, there’s no need to prove your spouse did something wrong in order to file for divorce. The no-fault ground for divorce in the State of Washington is that the marriage is irretrievably broken. If you disagree about any of these issues, your divorce is not uncontested. agree on all divorce-related matters before you file your petition with the court. File for a divorce without an attorney in the State of Washington. 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. 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. Uncontested Divorce in Washington. You’ll then have to wait 90 days for the courts to finalize the divorce. 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 no children and want to get a divorce or dissolution of domestic partnership, read this first. 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 difference is you’ll need to fill out the joinder section of the petition. An uncontested divorce in Washington State is a divorce in which neither spouse is the defendant. Divorce is called dissolution. According to the Contested divorce… Washington offers a simplified process for uncontested divorces if spouses are able to agree on all issues in their divorce. The spouse who files is the Petitioner; the spouse who responds is the Respondent. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. No comments yet. Virtually everyone getting a divorce (called a ‘marital dissolution’ in Washington State) wants to know how much it will cost to hire an attorney. The last thing you want is delays due to incorrectly filed documents that could have easily been taken care of by a trained attorney. With a divorce by agreement, the spouses must agree on every issue in the divorce including child custody and child support, if children are involved. 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. For example, an early agreement removes the need for temporary order hearings, which can be expensive. To begin the process of an uncontested divorce, you must know your spouse’s address and both agree on the terms of the divorce. Notes: This summary is not intended to be an all inclusive summary of the laws of divorce in Washington, but does contain basic and other provisions. (Wash. Rev. You’ll experience significant delays of paperwork being rejected if everything isn’t in order. Actions are filed in the Superior Court. Where couples agree on the terms of their divorce, Washington law makes it easy to finalize the terms of a divorce. The divorce process begins with the divorce form or petition for divorce. This joinder section will be filed with the rest of the petition. With a divorce by agreement, the spouses must agree on all divorce-related issues, including child custody and child support, if children are involved. The law will still keep you from moving to the state and immediately getting a divorce, though. This is an option if a divorce isn’t a viable option, such as if your religion doesn’t allow divorce. In Washington, the minimum length of a divorce case is three months. In Washington, a court could order one or both parents to support a child (or children). (Wash. Rev. If you and your spouse are both happy to get the divorce and can come to an agreement on assets and terms, an uncontested divorce is the best option. Although this is practically the same process as a divorce, there is different paperwork you must submit. 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. Washington has 39 superior courts, which are courts of general jurisdiction and oversee divorce cases and trials. In this case, there are fewer issues to resolve to make the divorce final. Most people file for an uncontested divorce as a sole petitioner. Best price $ 139. 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 Courts have a set of online forms you need to fill out (these are also available as hard copies at all courthouses in Washington). Even though you bought the house together and technically could request the sale of the house to split the asset. Name *Phone Number*Email*Subject*Personal InjuryFamily LawCriminal DefenseWrongful DeathAuto AccidentsCPS LiabilityPolice MisconductCivil RightsDivorceProducts LiabilityEmployment LawMedical MalpracticeAppealsCommercial LitigationEstate PlanningWills & ProbateOtherComment*. Code Ann. For example, it might be decided that one spouse will keep the marital home to live in with your children. In some states, the information on this website may be considered a lawyer referral service. The 90-day clock begins to run as soon as the petition is served. Online Divorce in Washington. Divorce in Washington State; More than 40% of all granted Washington State divorces are uncontested divorces. 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. Washington is a No-Fault only state. On the other hand, a contested divorce in Washington State costs an average of $20,000 per party (mostly due to attorney fees). At Bliss Law Group, we will provide you with the legal guidance you need … 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. If you have additional questions about obtaining an uncontested divorce in Washington, contact an experienced family law attorney for assistance. The most common role of an attorney is counsel for one spouse. This will ensure you are both happy with the agreement terms. The Washington State Courts offer online forms for completing an uncontested divorce or in hard copy at your local courthouse. 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. According to Washington State law, any property acquired during your marriage is community property and must be divided equally. This is the best role for an uncontested divorce. RCW 26.09.030. Also, Washington State has a residency requirement for any divorcing spouse, whether they are contested or uncontested. You cannot file for a contested or uncontested divorce if you’re in a domestic partnership. You should draft a divorce settlement agreement that covers child custody, child support, alimony, and the division of marital property and debts. § 26.09.030.). If you’re unsure about an uncontested divorce, you can also get a legal separation. These types of divorces are commonly referred to as divorces by agreement in Washington. This also doesn’t take into account the cost of attorney or mediation fees if required. Filing for a divorce, even an uncontested one, is an emotional and stressful process. In this case, one spouse must still be the petitioner and the other the respondent. To prove residency, you must demonstrate at least one the following: Additionally, if you're requesting an uncontested divorce, you must: If you meet the above criteria, you may proceed with your uncontested divorce by filing the required forms, as discussed below. If you’re unsure if an uncontested divorce is the right option for you, a divorce attorney will also be able to review your case and give you their advice on whether this is the best route. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. In short, yes. If you have questions about the Washington State divorce process, you should contact a local family law attorney for advice. 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. In cases where you and your spouse live in different counties of Washington, you can file in either spouse's county. There’s no need to attend a court hearing and it’s much quicker, easier, and cheaper than a contested divorce. Before you request an uncontested divorce action in Washington, you and your spouse must agree on all of the following issues: 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.". Courts in Washington don't require any divorcing spouse to hire an attorney. Code Ann. The Uncontested Divorce Process in Washington State. However, many divorces take longer than 90 days to finalize due to a … 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. In Washington, divorcing spouses (contested or uncontested) must meet the state's residency requirement before the court accepts the case. Because of this, if your spouse has hired outside counsel, it is a good idea to do the same to ensure the process is as fair as possible. Typically, you will file your divorce paperwork in the county where you reside. It can include the attorney help that may cost $500-600 per hour. It’s rare that a divorce is uncomplicated enough to file as joint petitioners with no issues arising. After 90 days have passed, you can then file for a dissolution of the marriage. Although a joint petition may seem like a good option, it’s usually only advisable in the most uncomplicated divorces when the following applies: If you are thinking about filing a joint petition, it’s always best to consult an attorney first to see if this is the best option for your circumstances. Learn how you can file a divorce in Washington State without court appearance using Washington Divorce Online. An attorney will mediate and help reduce arguments arising. Grounds for divorce. Alternatively, you can file in Lincoln County, which allows non-residents to file divorce papers in its jurisdiction. It is common for divorce in Washington to take up to 6 months or longer. All rights reserved. Instead, you must file to end your domestic partnership. Ensure all paperwork is filled out in full and filed in the correct departments to avoid delays. 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. The spouse who files the initial paperwork is called the "petitioner," and the other spouse will be the "respondent." The Washington State Courts publish a comprehensive Family Law Handbook with the information you need to file for divorce without an attorney. You and your spouse may choose to hire an attorney to act as support or mediator when reviewing the paperwork. 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. If you’ve prepared the papers yourself, an attorney review will ensure that all paperwork is correct. The divorce cannot be granted until 90 days have elapsed after the petition for divorce is filed. We’ll give you our professional advice on the best route for your circumstances and help make the process as straightforward and stress-free as possible. Divorce - State Law Summary - Washington. Waiting Period Uncontested Divorce. The date the judge signs the Decree of Dissolution is when your divorce becomes final. A written settlement agreement will be submitted to the Ex Parte Department Commissioner who will need to approve the settlement to make the divorce final. The process of filing for divorce as a sole petitioner is quite lengthy. Uncontested Divorce in Washington State: The Complete Guide, How To Have an Effective Co-Parenting Relationship. No-fault Grounds. To begin the process of an uncontested divorce, you must know your spouse’s address and both agree on the terms of the 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. For this reason, uncontested divorces are overall much quicker and less expensive than a contested divorce. No one gets married with plans to get divorced. Make your uncontested divorce process seamless and straight forward by using Divorce Washington Online assistance service. 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. Second, you must wait for 90 days. Complete this document and file it with the court clerk to begin your case. 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. There are restrictions on who is legally allowed to serve the summons, your local court clerk will give you advice on this. Online divorce may be appropriate for couples who have an uncontested case. § 26.09.030.) In an uncontested divorce, the settlement will almost definitely be approved. The attorney will prepare all legal documents and oversee the process of them being signed. Some counties have more than one superior court. Washington Divorce Facts According to the Centers for Disease Control (CDC), in 2011, the divorce rate in the state of Washington in 2011 was 4.1 out of every 1,000 residents. If served in Washington state, your spouse will have 20 days to respond. Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. However, this can leave one spouse with a slight advantage since they will get expert legal advice which is tailored to their best interest. 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. However, your divorce can be easier, and more like a polite negotiation than a boxing match. Washington State Does Not Recognize Common Law Marriages Getting a truly uncontested divorce Washington can save you months of work and thousands of …