Navigate Your Washington Divorce: A Time-Saving Guide

Due to Washington State's mandatory 90-day waiting period, the fastest a divorce could possibly take place in the state is 91 days. However, most couples should expect their divorce to take six months to a year, depending on their specific circumstances.

With decades of experience in the field, our Spokane divorce attorneys know that the timeline for divorce can vary significantly. Here’s what to expect during this challenging time.

Know the Law: A 90-Day Waiting Period in Washington

In Washington, you can get divorced on no-fault grounds under RCW 26.09.030. You do not need to prove that your spouse did something wrong to justify separation. A divorce will be finalized based on an “irretrievable breakdown” of the marriage. That being said, you cannot simply walk into a courthouse in Spokane and walk out with finalized dissolution of marriage papers. There is a specific process and a waiting period.

As explained by the Washington Courts, “the waiting period to finalize a divorce in Washington is 90 days”. In practice, this means that a petition must be filed — and the divorce papers must be served — a minimum of 90 days before a judge will sign the legal documents to officially end the marriage. The waiting period is also often called a cooling-off period. It is not optional.

The Length Can Vary Widely

While you have to wait at least 90 days to dissolve a marriage in Washington, it would be a major mistake to assume that the process only takes three months. That is the minimum. In reality, it can drag on for quite a bit longer than that — particularly if a dispute arises. Divorces in Spokane can be broken down into two broad categories:

Uncontested Divorce

With uncontested divorces, the parties are agreeing to settle all issues — property division, alimony, child custody, child support, etc. — outside of court. They may reach an uncontested divorce settlement through informal negotiations or a structured process like mediation. An uncontested divorce can move forward once an agreement is reached. It could be finalized after 90 days.

Contested Divorce

A contested divorce is one in which there is an outstanding dispute over one or more material issues. Contested divorces are on a path toward litigation — though many are eventually settled before a trial actually begins. Still, a contested divorce can take a lot longer than 90 days. If there’s a full trial, it could take one to two years to finalize a separation.

Step-by-Step Divorce Process in Washington State

Understanding each phase of your divorce will help you plan effectively and avoid surprises. Here's a breakdown of what happens when, from filing to final resolution:

Initial Filing (1-2 Weeks)

The divorce process officially begins when you file a petition for dissolution of marriage with the superior court. This first step takes around one to two weeks and includes paying the filing fee and serving divorce papers to your spouse through a process server.

Mandatory Waiting Period (90 Days)

Washington law requires a 90-day “cooling-off” period after serving the papers. This waiting period applies to all divorces, even when both parties agree to terms — no exceptions.

Response Period (20-60 Days)

Your spouse will have one of several specific timeframes to respond to the petition: 20 days for in-state service, 60 days for out-of-state service, or 90 days if served by publication when their location is unknown.

Temporary Orders (2-4 Weeks)

During the first month, we can request temporary orders to establish interim arrangements for child custody, support payments, residential schedules, and property use while the divorce proceeds.

Discovery and Negotiation (1-6 Months)

The next one to six months will entail exchanging financial documents, developing property division proposals, arranging custody details, and calculating support payments. This phase is crucial for ensuring fair settlement negotiations.

Resolution Options

The final stage can take one of two paths.

Path A: Settlement Through Mediation

Most cases are resolved through mediation, where both parties work with a mediator to reach a consensus on all issues. Once the terms are settled, our team will draft a formal agreement for court approval and the judge's signature.

Path B: Trial

If a settlement isn't possible, we’ll proceed to trial. This involves extensive preparation, court scheduling, evidence presentation, and witness testimony. The judge will make a final ruling on all disputed matters.

Key Factors That May Shape Your Divorce Timeline

Several circumstances can lengthen the divorce process, including the following:

• Complex property division in long-term marriages
• Disputed child custody arrangements
• High-conflict relationships requiring additional negotiation
• Court scheduling delays
• Incomplete documentation

Different counties also have different requirements. For example, King County typically has additional procedures compared to Spokane County, while Snohomish and Lincoln Counties follow their own specific filing processes.

Strategic Steps to Speed Up Your Divorce

While Washington's mandatory waiting period can't be abbreviated, understanding how to initiate the process efficiently can help minimize unnecessary delays and reduce your stress in the months to come.

Best Practices

We’ve found that taking a proactive approach from the start helps our clients move through their divorce proceedings more smoothly. Here are the key strategies that have proven most effective:

Document Gathering

Start collecting financial records immediately, including tax returns, bank statements, property records, and debt documentation. Organizing your records will prevent hang-ups and help you make informed decisions about property division.

Parenting Requirements

Complete mandatory parenting classes as soon as possible. Washington courts typically won't finalize divorces until both parents finish these classes. Early completion will keep your case moving forward.

Responsive Communication

Provide prompt responses to all legal communications. Quick turnaround on document requests and court deadlines can help you avoid unnecessary delays and demonstrate good-faith participation.

Mediation

Mediation often makes for faster resolution than litigation, offering more control over outcomes while reducing emotional and financial strain. We can discuss whether this option suits your situation.

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Cost-Saving Tips

Managing divorce costs requires planning and strategic use of available resources. Here's how to make the most of your legal budget:

Organize All Necessary Documents

Keep meticulous records of all financial documents and communications. Doing so will reduce the time you spend gathering information and decrease the attorney fees you pay for documentation.

Use Legal Services Strategically

Handle simpler tasks on your own and seek professional guidance for complex matters. Consider unbundled legal services where appropriate. This balanced approach can often reduce overall costs.

Prepare for Legal Meeting Efficiently

Take the following steps to get ready for meetings with your legal team:

• Prepare specific questions before you arrive
• Bring organized, relevant documents
• Take notes during discussions

Additionally, make sure to follow up promptly on any action items that arise during these meetings.

Helpful Resources for Your Divorce

To help you handle your divorce in Washington State, we’ve compiled a few essential resources that provide valuable information and practical tools:

Washington Child Support Calculator

We've developed a user-friendly child support calculator to help you estimate your potential monthly support payments. While results may vary from final court orders, it can offer a helpful starting point for planning.

Washington Law Help

Washington Law Help is a comprehensive online resource offering free legal information, self-help materials, and downloadable forms. It includes guides on property division, parenting plans, and financial documentation requirements.

DSHS Division of Child Support

This official state resource provides detailed information about child support calculations, enforcement procedures, modification requests, and payment processing. It also offers online services for case management and payment tracking.

Hodgson Law Office: Your Trusted Partner in Family Law

At Hodgson Law Office, our Spokane divorce team is a compassionate, experienced advocate for clients. If you have any questions, we are more than happy to help you find the best solution.

Call us now or send us a message online for a strictly confidential case evaluation. From our legal office in Spokane, we provide a full range of representation throughout Eastern Washington, including in Lincoln County, Whitman County, Adams County, and Stevens County.