If you’re currently undergoing the process of divorce or considering divorce in Washington State, you might be wondering how the state’s laws apply to you. Divorce laws do vary state by state, with different requirements for filing, court fees, procedures, and more. Let’s explore Washington State’s requirements, such as their 90-day waiting period and divorce process timeline.
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Average Washington Divorce Process Timeline
Every divorce is different, though the average divorce process must follow the same set of rules in Washington State, though there are circumstances that can cause delays in the divorce process. Washington’s divorce process timeline looks something like this:
- Pre-Filing – this process takes a few weeks, and includes deciding if you want to file and working with a lawyer to prepare to file.
- Filing a Petition for the Dissolution of Marriage – this takes a few days, and is the main petition filed for divorce.
- Waiting Period – Washington State makes you wait 90 days after filing.
- Petition Response Time – this takes 20 days if filed in Washington State, 60 days if served outside the state, and 90 days if served by mail.
- Contesting the Divorce – If the divorce is contested, the result can take months and even years.
- Temporary Orders – Once filed for divorce and accepted by both parties, the judge will provide you and your spouse with the “ground rules” while you’re sorting out things like custody and property.
- Final Divorce Hearing – this takes a few days.
What are the Separation Requirements
What is the difference between a “mandatory waiting period” and a “separation period?”
Mandatory waiting periods in Washington State are referred to as cooling off periods, or the amount of time the state wants to pass before your divorce can be filed or finalized. In Washington, this 90-day period exists as a cautionary measure.
Separation periods are defined by the amount of time that spouses should be separated before filing for divorce. Some states require a separation period before filing, while others only require a separation period before the divorce is finalized. Washington State’s divorce timeline exists to allow couples to rethink their decision before the dissolution of marriage.
While this waiting period might be frustrating for some, some exceptions can be made by appealing to a court or judge.
Washington State is a “no-fault” state, meaning a divorce’s legal grounds are an “irretrievable breakdown” of the marriage (when a couple is unable or unwilling to continue living together and there is no hope of reconciliation). While issues of fault might be relevant and necessary to show during a contested divorce, such as one party wasting assets or harming the family, one spouse committing adultery is not grounds for divorce.
As long as the parties are legally married, meet the residency requirements of the state or county, and file all the correct paperwork, a divorce can move forward. This also covers legal separation in Washington State.
When Does the 90-Day Clock Start?
Washington State’s 90-day waiting period for divorce begins after your spouse has been served their copy of the divorce papers. It does not begin when you file—your spouse being served means either the process server or sheriff has hand-delivered the papers.
If you cannot locate your spouse to serve them, you must make a “good faith” attempt to find them. Then, you can request permission from the court to publish a notice of divorce in your local paper or courthouse.
Resolution Options
The final stage of divorce gives you two options: Settlement through mediation or Trial.
Settlement Through Mediation
Settlement Through Mediation: Many divorce cases are solved through mediation rather than go to trial, where it’s easier for both parties to reach a consensus on their issues. After both parties settle terms, the attorneys can draft a formal agreement for a judge’s signature and court approval.
Trial
Trial: If mediation fails and a settlement is not possible, your attorney will proceed to trial. This involves court scheduling, preparation, the presentation of evidence, and witness testimonies. The judge will make a final ruling on how the divorce proceeds based on the evidence.
Additional Details
There are some other facts to be aware of when finalizing your divorce in Washington State:
- You can file without your husband’s signature
- Uncontested divorces can be filed in a matter of weeks
- Contested divorces typically require mediation, which takes longer
- Washington State encourages mediation
- Some counties allow you to file by mail
- A lawyer will help you with this process
Streamlining Your Divorce in Washington State
Skyview Law has over 10 years of experience serving the people and families of Washington State in all matters of Family Law. As practiced and knowledgeable divorce lawyers, their expertise is second to none, and they offer a Free Case Review to get started. Reach out to Skyview Law today to have the best representation possible during your divorce proceedings.
