how to get a divorce without a lawyer in washington state

by Luciano Gorczany 10 min read

Divorce Without a Lawyer in Washington Divorce begins when the plaintiff submits the relevant papers to the court. To do this, they need to select and fill out the necessary forms.

Full Answer

How do I get a divorce in Washington without my spouse?

How Do I Get A Divorce Without My Spouse? You can get a divorce in Washington whether or not your spouse chooses to cooperate, but you cannot get a divorce without notifying your spouse that you are seeking a divorce. Notification means serving the divorce papers on your spouse (see my previous article on serving divorce papers ).

Can I get a divorce without a lawyer?

If your divorce is not complicated and is an uncontested one, then you have the option of a DIY divorce if you don’t want to employ the services of a divorce lawyer. By completing the process on your own, you can save both time and money.

Is Washington a no-fault state for divorce?

However, Washington is a “no-fault” state. This means that the person filing for divorce does not need to prove that the other party did anything wrong. They only need to cite the “irretrievable breakdown” of the marriage as the grounds without going into any further details.

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.

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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?

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 long does it take to file a divorce petition in Washington?

When one partner in a marriage files a petition for divorce, the other party must file a response with the court. This must happen within 20 days if a respondent lives in Washington. If the person lives outside of Washing, then the deadline is 60 days.

How does marriage end in Washington?

Marriages or domestic partnerships in Washington can end through an annulment, legal separation or a divorce, also known as a dissolution of marriage. Washington is a no-fault state and one spouse or the other only needs to claim that a marriage is “irretrievably broken” to start the divorce process.

How to determine spousal support?

The key issues that are taken into consideration when determining spousal support include: 1 The length of the marriage. 2 The earning capacity of each spouse 3 The needs and standard of living of each spouse 4 Age and health of both spouses 5 Existing debts and assets 6 Child custody arrangements and whether or not the primary care spouse can hold a job while taking care of the children 7 Did one spouse help the other with education, career training or other ways to assist them in advancing their career

What is child custody in Washington?

Child Custody in Washington. Washington calls the court orders regarding children in a divorce “parenting plans” or “residential schedules.”. The terms custody and visitation are not used. Either parent can petition the court to enter a parenting plan.

Does a spouse's debt belong to both spouses in Washington?

Just as it is with assets in a community property state, in Washington any debts acquired by one or the other spouse during a marriage belong equally to both spouses. Debts that are incurred after a marriage or separation, or before a marriage or separation, only belong to the spouse who incurred them.

Is domestic violence a part of divorce?

Domestic violence can be a particularly ugly part of a divorce proceeding , and as such, law enforcement officials have strong safeguards in place when the appearance of domestic violence is present. Studies show that domestic violence is the largest single cause of injury to women in the United States, with an act of battery on a woman taking place every 9 seconds.

Is Washington a community property state?

Washington is a community property state. This means all income and property, real or personal, that was acquired by either party during a marriage is equally owned by each partner. It must be split equally in a divorce. There are some exceptions regarding separate property.

What is divorce by agreement in Washington?

This process is also referred to as a "divorce by agreement.". With a divorce by agreement, the spouses must agree on all divorce-related issues, including child custody and child support, if children are involved.

Who is the respondent in a divorce in Washington?

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 information you need to file for divorce.

What happens if you file a petition without all the forms?

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 must pay a filing fee to submit your paperwork. If you cannot afford the fee, you can request a fee waiver.

How to get divorced in 3 steps?

Or, you can use a DIY service like 3 Step Divorce, which fills out the forms for you. To get started, you must fill out a "Petition for Divorce (Dissolution)" which provides the court with information about you and your spouse, your marriage, and your property.

What happens if the court approves your divorce settlement and custody arrangement?

If the court approves your divorce settlement and custody arrangement, the judge will sign the Findings of Fact and Decree of Dissolution. The date the judge signs the Decree of Dissolution is when your divorce becomes final. Talk to a Lawyer.

Where does the filing spouse live?

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. (Wash. Rev. Code Ann. § 26.09.030.) Additionally, if you're requesting an uncontested divorce, you must: know your spouse's address, and.

Can you enter into an oral agreement with your spouse?

Although you and your spouse can enter into an oral agreement on resolving your marital issues, you should consider memorializing the terms in a divorce settlement agreement (sometimes referred to as a "property settlement agreement" or a "marital settlement agreement").

Types of Divorces Recognized by WA State Divorce Laws

Contested divorces are for couples who can’t agree on key divorce issues and have to take their case to court. The judge makes decisions in their stead after multiple court hearings. This type of divorce is also expensive, as the average cost is $15,000. If the couple has any marital children, the number can get up to $20,000.

Which Papers Do You Need for an Uncontested Divorce in Washington State?

Preparing the necessary paperwork can be demanding and time-consuming when you’re doing it on your own. We’ve prepared a guide on Washington divorce papers to help you out—consult the table below for details:

How To Get an Uncontested Divorce in Washington State

Once you meet the residential requirements, you should follow the next steps to file for divorce:

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Getting a properly written divorce settlement agreement is crucial if you want a smooth divorce. It prevents potential disputes over assets, alimony, or children later on in the future.

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What happens if my spouse refuses to divorce?

If the spouse refuses to deal with the divorce at all, then you can obtain a default order after their period to respond to the Petition for Dissolution of Marriage has expired.

What does "notification" mean in divorce?

Notification means serving the divorce papers on your spouse (see my previous article on serving divorce papers ). Many people think that if the spouse won’t sign the the divorce papers, they can’t get divorced. However, at least under Washington law, the spouse’s consent is not needed for a divorce. If the spouse refuses to deal ...

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