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

updated:
10/25/2024

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Divorce is a process that often feels isolating and overwhelming. But in the midst of this emotional storm, there’s a beacon of hope and support.

As experienced Spokane divorce attorneys in Washington State, we understand the unique struggles each individual faces when contemplating divorce. We’ve helped countless clients, offering not just legal guidance but a steady hand through this tumultuous life change.

This guide is designed to shed light on the divorce process in Washington, providing a roadmap for those feeling lost.

Overview of the Divorce Process in the State of Washington

The divorce process in Washington begins with filing a formal petition for dissolution of marriage. This petition then goes to Washington courts for review.

If the divorce is uncontested, proceedings might be over in a matter of weeks or months. If it’s contested, it may take much longer, with mediation possibly being needed to resolve disputes about parenting plans and spousal support.

This summary may seem quite simple, but it can give rise to any number of complex legal issues, demanding the assistance of reputable legal counsel.

From Start to Finish: Your Guide to Divorce in Washington State

A flowchart illustrating how to file for divorce in Washington state

Here’s a step-by-step guide to divorce in Washington:

Step 1: Understand the Grounds for Filing for Divorce in Washington State

In Washington State, basic divorce papers must be filed with either “at-fault” grounds or “no-fault” grounds. If one spouse is filing on at-fault grounds, then you must prove that the other spouse was responsible for the breakdown of the marriage with evidence such as adultery or criminal activity.  

On the other hand, if you’re filing on no-fault grounds, then only a court-recognized statement that confirms that the marriage has broken down is needed.

Understanding exactly what grounds best suit your case and collecting evidence if required can help make sure that getting a divorce goes as smoothly and quickly as possible.

Step 2: Gather Necessary Documents and Information for Your Filing

Next, collect all relevant financial documents. This includes bank accounts, retirement plans, investment portfolios, tax returns, property ownership records, and any other financial records that detail income, assets, debts, and expenses.

In addition to documents concerning finances, it’s important to prepare adequate detail regarding living arrangements for the family children that are involved. This could involve current custody arrangements, parenting plans, school choices, and health care decisions.

Once you’ve obtained all of the requisite documents and organized the related information into an informative packet for your attorney to review you’ll be ready to move on to step three of the divorce process in Washington State.

Step 3: Complete the Required Forms and File Them with the Court

Fill out necessary court documents, including the summons, divorce petition, and confidential information form. You may need to file additional documents as required by Washington’s Mandatory Declaration of Disclosure law.

Once all the required paperwork is filled out, individuals should make two copies of each document, submit them to their local court and pay a filing fee, which varies by county.

Collecting a parenting plan — if applicable — is also highly recommended before submitting the paperwork; this will save time and energy down the road as courts often prefer an agreement to be made between parties before proceeding with a case.

Step 4: Serve Your Spouse with the Filed Divorce Papers

Once you’ve filed the divorce documents, your next step is to serve your spouse with them. This is an important part of the process as it legally notifies them of the divorce and allows them to respond to the paperwork.

Depending on the individual state laws, this may involve hiring a professional process server who will deliver these papers in person to make sure they are served properly, according to Washington State law.  

You must follow all the steps necessary when dealing with filing and serving divorce papers; otherwise, you may be subject to fines or other penalties if done incorrectly.  With a clear understanding of how this process works, however, you can rest assured that your filings should be served properly and completed on time.

Step 5: Attend a Mandatory Parent Education Program

If you have children, both parents must attend a Mandatory Parent Education Program. This program is designed to help parents understand the nature of divorce and how it affects their lives, as well as those of their children.

During this class, parents will learn about how their parenting style might need to change to better meet the needs of the child throughout and after the divorce process.  It will also provide information about legal issues related to child custody, and strategies for co-parenting that can help ensure a successful transition for everyone involved.  

By attending this program, both parents can be assured that they’re well-prepared for the changes ahead and can work together towards an amicable solution.

Step 6: Submit All Required Documents to the Court

Step 6: Submit All Required Documents to the Court

The last stage of the divorce process is the submission of all necessary documents to the court. After both parties have completed the required forms, it’s important to make sure that they are accurately filled out and signed, then submitted as soon as possible to the appropriate court.

Depending on the case details, a fee may be required for paperwork filing and processing. In addition, it’s recommended that you keep several copies of your documents — one for yourself and others for any third parties involved in the matter — so that you can easily refer back to them if needed.

Submitting all the necessary documents marks the completion of your journey through the process of a contested divorce, so take a moment to celebrate your accomplishment!

Types of Divorces Available to Washington Residents

The two primary kinds of divorce in Washington are contested and uncontested divorces. Depending on which kind it is and other factors, couples might end up with a traditional litigation divorce, a collaborative divorce, or a simplified dissolution of marriage (summary dissolution).

The type of divorce you pursue can greatly influence its timetable. For example, a contested divorce can take several months or even years because it often involves contentious issues like property division. In cases such as these, consulting with a Spokane property division attorney can help spouses make informed decisions about their rights and obligations related to their strategic divorce planning.

Filing Fees and Other Costs Associated with Divorce in Washington

Filing Fees and Other Costs Associated with Divorce in Washington

Filing for divorce in Washington can be costly. Consider the following expenses:

  • Court filing fee: Depends on the county, but typically $200–$314.
  • Attorney fees: Varies greatly, but could be $1,500 to $2,000 as a starting point.
  • Additional costs: Includes fees for mediators, court reporters, and depositions.

These fees are dependent on your specific circumstances. To get an accurate estimate, consult our firm today.

Resources for Navigating Divorce and Family Law Issues in Washington

To help estimate your potential child support obligations, we’ve created a Washington child support calculator. This tool takes into account factors such as your income and parenting time to give you a rough idea of what you might owe or receive in child support. It can also be useful when considering temporary spousal support arrangements during the divorce process.

In addition to our calculator, there are several resources that we recommend for Washington families dealing with divorce, child support, and other related issues:

While these resources can be helpful, it’s important to remember that every family law case is unique. For personalized legal advice regarding your specific situation, it’s always best to consult with a qualified family law attorney who can guide you through the process and help protect your rights and interests.

Resources for Navigating Divorce and Family Law Issues in Washington

Get Assistance for Your Washington State Divorce from the Hodgson Law Office

Navigating the divorce process can be challenging, especially if you’re unfamiliar with Washington courts and family law. Our job is to make it easier.

At Hodgson Law Office, our team of seasoned attorneys is well-versed in divorce law and is happy to discuss how best to approach your situation based on your goals, circumstances, and any other relevant factors. Contact us today so we can help guide you through this challenging process toward the most desirable resolution for your case.

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Mark D. Hodgson

Mark D. Hodgson

Mark D. Hodgson and his legal team at Hodgson Law Office provide exceptional, personalized representation in family law and divorce cases. With a commitment to trust, integrity, and vigorous advocacy, Hodgson Law Office offers reliable and compassionate legal assistance for all your family law issues.
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