how to get a divorce in washington state without a lawyer

by Dr. Camden Sanford 8 min read

Filing For Divorce as a Sole Petitioner In Washington

  1. Establish Jurisdiction and Venue. Start by determining which county you can petition for divorce in and find the local courthouse in that county.
  2. Petition for Dissolution of Marriage. Complete this document and file it with the court clerk to begin your case. This will also require a court fee.
  3. Serve the Summons. Arrange for the summons to be served to your spouse as soon as possible. ...
  4. Mediation/Support. You and your spouse may choose to hire an attorney to act as support or mediator when reviewing the paperwork.
  5. Settlement. 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.

Full Answer

Do I need a lawyer to get a divorce in Washington?

In Washington state, uncontested divorce is obviously a preferable option. Spouses have a lot of alternatives to hiring lawyers and can even get help online for a very affordable price. Any divorce in a state of Washington usually starts with filling out and filing divorce forms with the court.

How do I file for an uncontested divorce in Washington State?

Get court-approved papers for filing an uncontested divorce without a lawyer's fees. Getting your Washington State divorce paperwork online means that there will be no need to meet in person. You will receive a full WA State divorce packet via the email after passing a quick questionnaire on our website.

How long do you have to be a Washington State resident for divorce?

Either your spouse or you must be a resident of Washington to file for divorce in the state for any amount of time. There is no specific length of time for you to reside in the state. You can file for divorce as long as your spouse or you have established your residency.

Is Washington a no-fault state for divorce?

Since Washington is a no-fault state, there’s no need to prove your spouse did something wrong in order to file for divorce. You only need to show that you are facing irreconcilable differences, no matter what they may be. What Does an Uncontested Divorce Do?

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Can you get a divorce without a lawyer in Washington State?

It certainly is possible in Washington State to divorce without a lawyer, although as a lawyer I need to clarify that I do not recommend it. I have had clients spend a lot of money trying to undo mistakes they made writing their own court orders (remember the old car care commercial “Pay me now, or pay me later”?).

How much does it cost to file for a divorce in Washington State?

$280How much does a divorce in Washington cost? The court filing fee is $280 for a dissolution of marriage (divorce). Other costs may include photocopying and delivery service fees. If you can not afford this fee, you may fill out a special form that will request the court to waive the filing fee.

How do I file for divorce myself in Washington State?

The main form you will need to fill is Petition for Divorce. It has to be filled out by one of the spouses and served to the second one. You can get divorce papers filled out by a lawyer, an online divorce company, or download and fill them out yourself. The second step is filling the paperwork with the court.

Can I serve divorce papers myself in Washington State?

A: You cannot hand the divorce papers to your spouse. In Washington, you can serve papers by having someone who is 18 years old or older hand-deliver them to your spouse. You can hire a professional process server, or you can ask a friend to hand-deliver the papers to your spouse.

How long do you have to be separated before divorce in Washington State?

a 6 monthIf a legal separation is granted, there is then a 6 month waiting period before it can be potentially converted to a Decree of Dissolution, which can be done by filing a motion with the court.

How long does a divorce take in Washington state?

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). However, many divorces take longer than 90 days to finalize due to a number of different factors.

How do you start a divorce process?

STEP 1: First Motion involves joint filing of divorce petition. STEP 2: Husband & wife appear before court to record statements after filing of petition. STEP 3: Court examines petition, documents, tries reconciliation, records statements. STEP 4: Court passes order on First Motion.

Is Washington Divorce Online legit?

While you will still have to do your part to file for divorce, doing most of it online is allowed in the Washington and highly recommended for those who want a legitimate and painless divorce – as long as you and your spouse are in agreement on the divorce.

What is uncontested divorce in Washington state?

An uncontested divorce in Washington State is a divorce in which neither spouse is the defendant. There's no need to attend a court hearing and it's much quicker, easier, and cheaper than a contested divorce.

How long does a divorce take once papers are signed?

Once the papers have been filed with the court, the question, "How long does an uncontested divorce take?" is completely out of the parties' hands. The amount of time it will take to finalize the divorce by having a judge approve and sign the judgment can take anywhere from six weeks to 12 months.

What to do after being served divorce papers in Washington?

In the state of Washington, you typically have 20 days to reply to the petition and summons with a legal answer. The clock begins from the date you received service. However, it's always wise to read the paperwork you receive thoroughly, as it should state the legal timeframe that you have to respond.

What is proof of personal service?

That means that someone must personally “serve” (give) a copy of the forms to the person to be restrained. These forms vcannot be served by mail.

Where to file for divorce in Washington State?

Non-residents also have the option of filing their papers in Lincoln County; however, both spouses must agree to file for divorce in Lincoln County before the divorce case can be opened there.

What is alimony in Washington?

Alimony or spousal support is called maintenance in Washington. Your spouse and you may have an agreement regarding the maintenance and if not, then the judge will decide whether or not to grant maintenance, the duration and the amount after taking into consideration the following factors: Length of the marriage.

What is the online divorce service?

The online service will prepare all your documents required to file for divorce as per your circumstances, in a format that will be accepted by the Washington court. You need to answer questions about your marriage and the online service will prepare the divorce documents for you.

How long does it take to get divorced?

You can file for divorce in the Family Court or Superior Court depending on the county where you reside. There is a minimum waiting period of 3 months from the date the divorce petition is filed with the court and served on your spouse and before the court can finalize your divorce.

How to serve divorce papers?

Once you file the papers with the court of the appropriate county, according to the state law, you must serve your spouse. You can either serve the papers via the sheriff for a fee or you can employ a professional process server to deliver the documents to your spouse. You can also publish the notice of the divorce in your local newspaper ...

What happens to property when a marriage is dissolution?

Property Division. In the case of dissolution of marriage, the property and debts and divided between your spouse and you. Each spouse will keep his/her property, which is essentially the property acquired: By inheritance or gift at any time. Before marriage.

What happens if you don't agree on divorce?

If your divorce is not contested and you agree on all the issues with your spouse, then the case does not have to go to trial. However, if your spouse and you cannot come to an agreement on any of the issues, then the case becomes contested and will go to court. This is expensive, as well as a lengthy process.

How to file for divorce in Washington state?

When trying to understand how to file for divorce in Washington state, couples usually receive advice to visit a lawyer. It is definitely the best course of action for a contested divorce, where you will ask a judge to make divorce-related decisions for you and your spouse. In such a case, a lawyer will advocate for you during a trial and help you get the best outcome out of your marriage dissolution. However, if you are planning to have an uncontested marriage dissolution and have already come to an agreement with your spouse regarding it, hiring a lawyer is not a necessity. Therefore, you can save an incredible amount of money by getting help with your paperwork online.

How to get divorce papers in WA?

You can get divorce papers filled out by a lawyer, an online divorce company, or download and fill them out yourself. The second step is filling the paperwork with the court. According to WA state laws, there are no specific residency requirements that you should meet to file with a certain court.

How much does an uncontested divorce cost?

Even if you decide to get a lawyer, you will likely have to pay them about $4,000-$5,000, which is around $10,000 less than in a contested case.

What is the third step in divorce in Washington?

However, you need to make sure it has jurisdiction over your property or children if any. The third step is serving your spouse. If you file for an uncontested divorce in Washington, your ex-husband or wife will need to sign an Acceptance of Service form acknowledging that he or she has received the paperwork.

How much does a divorce attorney cost in Washington?

In Washington state, the cost of a divorce lawyer is between $250 and $285 per hour. Average divorce attorney prices are $10,500 to $12,000 for the whole marriage dissolution, but the mutual divorce cost will be significantly lower, averaging at around $5,000. The main thing you should take into account when calculating the cost of legal services is that the more issues have to be resolved by an attorney and the judge, the more expensive the divorce will be. Reaching an agreement together with your spouse will help you to significantly lower the costs.

How long does it take to get divorced after a contested case?

The last step is signing and filing the final divorce paperwork. Once the 90-day waiting period is over, you will be able to arrange a hearing date and visit the court to finalize your case.

How much does it cost to get divorced in Washington?

Legal Fees. Unlike in other states, where the fees can reach almost $500, the Washington state divorce filing fees are just $280 . However, you might have to cover some extra costs like a delivery service or photocopying.

How to file for divorce in Washington state?

Divorce forms in Washington can either be found online or in a hard copy format at your local courthouse. At a minimum, you will need to file the following forms: 1 Petition for Divorce (Dissolution) – FL Divorce 201 2 Summons: Notice About a Marriage or Domestic Partnership – FL Divorce 200 3 Confidential Information – FL All Family 001 4 Attachment to Confidential Information (Additional Parties or Children) – FL All Family 002 5 Certificate of Dissolution, Declaration of Invalidity of Marriage or Legal Separation – DOH 422-027 6 Proof of Personal Service (after your spouse is served with divorce papers) – FL All Family 101 7 Agreement to Join Petition (Joinder) – FL All Family 119 8 Service Accepted – FL All Family 117

What is the name of the person who files for divorce in Washington?

If you are the one initiating the divorce process, you will be known as the petitioner . If your spouse is the one who files the initial papers, then you will be known as the respondent. Divorce forms in Washington can either be found online or in a hard copy format at your local courthouse.

How to prepare for divorce?

There are many complicated issues in divorce that you will need to be prepared for. Getting organized early on and having the documents you need at your fingertips will make the entire process a little bit less daunting . It will also save you time and money, while helping to expedite the divorce process.

What happens after you file a court order?

After you file your forms with the court, you must also provide your spouse with those forms so that they can have a chance to respond. A judge will not move forward with your case until you can provide proof that the other party has received copies of your court papers.

What are the residency requirements for divorce in Washington?

What are the residency requirements to file for a divorce in Washington? To file for divorce you or your spouse must be a resident of Washington. There are no specific requirements regarding the length of time. All you must do is provide proof that you are a resident and that you maintain a permanent home in the state.

What is divorce online?

The state’s online system is called Washington Divorce Online and can be used when spouses are able to reach agreement on all details of their divorce, including how to divide assets and debts, child visitation, custody and support and any other issues that may be pertinent to a particular divorce.

How to serve your spouse in Washington?

In Washington, you can serve your spouse in three possible ways: Personal service. Someone who is 18 or older must hand-deliver papers to the other person or to someone who is an adult living at the other party’s residence. You can have a friend do this or you can pay a server to complete the task.

How does an uncontested divorce work in Washington?

In WA, uncontested divorce starts when one of the spouses files the necessary paperwork with the clerk of the local court. After that , a third party who is over 18 needs to hand-deliver the copies of the documents that were filed to the spouse for them to provide a response or joint the petition.

How long do you have to live in Washington to get divorce?

There is no specific period of time that you need to live in the state for to file there. However, Washington imposes a waiting period of 90 days before the court can grant the divorce after the paperwork if filed.

How long does a divorce last in Washington?

Divorce by agreement is definitely less expensive and lasts not that as long as a contested one. In fact, it can be finalized in just 3 months. In Washington state, uncontested divorce is obviously a preferable option. Spouses have a lot of alternatives to hiring lawyers and can even get help online for a very affordable price.

How long do you have to wait to get divorced?

After you’ve successfully filed for dissolution of marriage, you will need to wait for at least 90 days for your divorce to be finalized. This is a minimum waiting period, according to the state laws. Therefore, the sooner you file your documents, the faster the divorce will be finalized.

How much does it cost to get divorced in Washington?

The filing fee for divorce in Washington is $280. There might be additional costs involved, such as those for making copies or serving your spouse. In Washington State, divorce filing fees can potentially be dropped if you cannot afford to pay them.

Can a marriage be contested?

However, their marriage dissolution can still be either a contested or an uncontested one: If your marriage ends on a sour note and you cannot find it in yourself to agree on post-divorce property distribution, debt splitting, custody arrangements and other issues, your marriage dissolution can only be contested.

Is it hard to fill out a divorce form in WA?

WA State divorce forms might be hard to fill out. If you are not very knowledgeable in legal matters and this is your first time filling out the paperwork for a marriage dissolution, you might have troubles understanding what is asked of you in the form.

How to get divorce without a lawyer?

Make sure you and your spouse have a discussion about how both of you see the divorce going. If you and your spouse both think the divorce can be completed amicably, consider getting a divorce without a lawyer. However, if you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney in order to protect your best interests. Have this discussion at the beginning of the divorce process so that you can make the best decision possible.

How to get divorce papers?

Gather all the required court forms. To start the divorce process, you will first have to obtain all of the required divorce forms. Check with your state's website, or go to your court's office of the clerk, and download or ask for all the documents you will need to complete a divorce.

How long do you have to be a resident to file for divorce in South Dakota?

Decide where you need to file for divorce. You will need to file for divorce in the state and county where you meet certain residency requirements. Often, in order to file for divorce, you will need to have been a resident of the state and county where you plan on filing for between six months to one year. Only Alaska, South Dakota, and Washington have no extended residency requirements, which means you can file for a divorce there so long as you are a resident at the time of filing.

What happens if you divorce your spouse?

If you have chosen to file for a divorce on your own, you and your spouse are going to have to agree on how your marital assets are going to be distributed. Depending on what state you live in, there are going to be different rules on how the property will be split.

What do you need to fill out a divorce petition?

A divorce petition. You need to fill out a divorce petition, which is a document that tells the court and your spouse what you want. You can ask for things such as an end to your marriage, alimony, child custody, child support, and a division of property.

What happens if you are not happy with the divorce decree?

After the court hearing and final decision, if you are not happy with how the divorce decree came out you may be able to appeal the decision. The purpose of an appeal is to give another court the opportunity to look at the trial court's decision in order to determine if there was any legal error.

What is a divorce decree?

A divorce decree, which will be the final document the judge will sign in order to finalize your divorce. This document will include all of the requirements of your divorce, including how property will be distributed and how children will be cared for. Draft your divorce petition.

How long does it take to get divorced in Washington?

An uncontested divorce in Washington State takes an average of three months to complete. Contrastingly, a contested divorce can easily take twelve months or longer, depending on the complexity of the marital assets.

How much does a divorce cost in Washington State?

On the other hand, a contested divorce in Washington State costs an average of $20,000 per party (mostly due to attorney fees). This shows the vast difference between the two and the money you can potentially save when filing for an uncontested divorce.

What is the role of an attorney in divorce?

This usually happens when one spouse seeks the advice of an attorney to file the uncontested divorce papers. Although they are acting on behalf of one spouse, both eventually benefit since all legal work is taken care of.

What is the best candidate for an uncontested divorce?

The best candidates for an uncontested divorce are a couple with no children, few assets to split, who have an amicable relationship. In this case, there are fewer issues to resolve to make the divorce final.

What is alimony in divorce?

Alimony or spousal support (if required) Division of all joint assets. Division of all debt accrued during the marriage. All other issues pertaining to your marriage. 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.

Can you file for divorce as a sole petitioner?

Most people file for an uncontested divorce as a sole petitioner. This means one person wants the divorce and will serve the divorce papers to their spouse (even though they agree to the divorce terms).

Is an uncontested divorce possible in Washington State?

Pros and Cons of an Uncontested 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: Less expensive than a contested divorce. Minimizes disputes and keeps amicable relationships intact.

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