How to File for Divorce in Washington State?

If you are seeking a divorce in Washington State, there are some important questions you will need answered. Divorce can be expensive, and you’ll want to know about forms, papers, contested versus uncontested, and how long the process might take. 

The 4 Steps to Getting Divorced in Washington

1. File a Petition for Divorce

A divorce petition is the legal document that initiates the divorce process. Filing a petition for divorce is the first step to legally ending a marriage. One spouse will file this petition with the court, either through their lawyer or personally, which includes all the essential information the courts require for a divorce.

A petition for divorce or divorce petition might be called different things depending on your jurisdiction, but the forms and processes at a minimum are established by:

• The desire of the petitioner to dissolve the marriage
• Contact information for both parties
• What the petitioner wants from the divorce
• Legal grounds for divorce

How to file for divorce? The divorce petition must be accurate and complete—any missing or inaccurate info can cause delays, conflict, or unfair proceedings that violate the rights and interests of both parties. Family law attorneys offer divorce services to help you through this process. 

To file your divorce papers, you need to gather the required information, complete the required documents, and file the petition with the applicable court.

2. File All Required Paperwork in Court

Filing a divorce petition includes clearly and accurately providing the court with pertinent information. 

The required paperwork when filing a divorce petition typically includes:

• Identifying Information – Full contact info for both spouses, full names, addresses, etc.
• Key Dates – Date and place of the marriage and separation.
• Residence Info – Depending on your jurisdiction, there can be different rules for how long someone must live there before they can get divorced.
• Grounds for Divorce – The reason why the petitioner is seeking a divorce. Washington State is a “no-fault” divorce state, meaning you don’t have to prove fault for the marriage’s breakdown.
• Information on Children – Info on your minor children’s birthdays, names, plans for custody and child support, etc.
• Name Change Request – If the petitioner desires to change their legal name.
• Financial and Asset Info – Details on marital assets, debts, property, and division.
• Protections – If you need protection or restraining orders. 

Your court might require additional documentation. This can include additional forms for children, a copy of the marriage certificate, a property division plan, a parenting plan, proof of residency, etc. A family law attorney can help you properly file.

3. Serve Your Spouse the Divorce Papers

After filing for divorce, you must serve your spouse:

• A copy of the filed Divorce Petition
• A copy of the Divorce Summons (with a clerk’s signature)
• A copy of the Joint Preliminary Injunction

In the State of Washington, you have 60 days after filing to serve the divorce papers on your spouse. You can request more time from the court if you cannot serve them within this time frame. 

4. File, Sign, and Deliver All Paperwork

Filing for divorce is a specific process that must be rigidly followed. You must fill out all forms properly, file the forms (either through mail, in-person, or e-file), serve the other person a hand-delivered copy of the form (this can be done by your lawyer or another 3rd party), and then wait to see what happens.

1. Fill out the forms – Fill out all forms and provide necessary documents according to Washington State court & county guidelines.

2. File the forms – Most courts will require a fee depending on your method of filing the forms.

3. Serve the Defendant – The court does not serve the Defendant—you must ensure your spouse is served after you file for divorce, or your case could be dismissed.

4. Wait and see what happens – After you serve the Defendant, the court will notify you about what happens next. There are a few different things that might happen now, and your family attorney can prepare you for the next steps.
How fast can you get divorced in Washington State? If you want your divorce resolved quickly, it’s important to work with a family law attorney who can help you file, serve, and respond all within the quickest available timeframe.

Where Can I Find Washington’s Divorce Forms?

In Washington State, there are official court forms you must use when filing for divorce. You can download the Washington State Court Official Divorce Form for free from their website, or attain hard copies of each form from your local courthouse. There is also an online DIY packet with instructions via Washington Law Help.

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How to File Divorce Papers in Washington State?

The Washington State divorce filing process is fairly straightforward. You must gather all necessary documents and forms, file your papers, pay the filing fees, and serve your spouse.

• Complete All Proper Forms: You must file a Summons and the Petition for Dissolution of Marriage. These forms are available at your nearest court or from the Washington Courts website.
• File the Papers: After filling out the proper documents and paperwork, you need to file the Summons and Petition with the clerk. Visit the Superior Court in the county where you or your spouse lives. 
• Pay Filing Fees: There are fees for filing the initial petition. The Washington Courts website lists these fees, but you can also find them when filing in person.
• Serve Your Spouse: Provide your spouse with a copy of the Summons and Petition, which in Washington State needs to happen in 60 days (or 90 days by extension). Your lawyer or another third party can serve the Summons.
• Wait and Consider Your Options: You might be able to file for an Uncontested Divorce with your spouse if you agree on certain aspects of your separation. This is a faster and less expensive option. Some Washington counties allow divorce by mail, so it’s important to check with your attorney or with local laws to ensure you understand the process.

If you and your spouse agree to file for an Uncontested Divorce, you may file in any county. Otherwise, you must file where either you or your spouse resides. If you’re facing a contested, messy divorce, it’s important to look into how to find a good divorce lawyer.

Other considerations include Residency, Mediation, Financial Disclosure, and Legal Representation. Washington State requires that you live in the state for at least 6 months and in the specific county for 90 days before filing for divorce. Washington State courts also prefer mediation and will often require couples to attend mediation to resolve their issues amicably before moving on to the court system.

In Washington State, you are required to provide full financial information during your divorce process, and while a lawyer is not required, they are highly recommended. Divorce is a complex process, especially when it’s contested, and a lawyer can help you file.

While filing divorce papers may seem like a straightforward process, things can become messy in situations where people and emotions are involved. Even uncontested divorces can take some time, but it all begins with filing the papers. In Washington State, you must first complete a petition for divorce. Washington is a “no-fault” divorce state, meaning that neither party has to provide blame for the failure of the marriage to file.

Every divorce requires two forms—Confidential Information Form and a Certificate of Dissolution form. Your or your spouse will need to provide vital statistics information, including where you live, when you were married and for how long, your living situation, any minor children, custody over children, child support, spousal support, and property that might be shared and divided. 

Then you must file your divorce papers with the court, after completing all proper forms. Always make sure you are submitting the appropriate paperwork to the county where you live—not the one in which you were married. You may want your attorney to give your paperwork a once-over before filing, as it never hurts to ensure everything was filled out correctly. Before filing, make two copies—one for your records and one for your spouse.

Where Can I File Divorce Papers in Washington?

Filing Based on Residency Requirements

To properly file for divorce in Washington State, you must file your Petition and Summons with the clerk of the Superior Court in the county where either you or your spouse resides.

These forms can be found on the Washington Courts website – Court Forms/Court Forms: Dissolution (Divorce) page. You can also find this information in person at your local Superior Court, where a clerk will give you the proper forms to file. 

If you need additional help filing for divorce, Skyview Law is here for you. Consult us now.

Court Filing Fees and Waivers

The Petitioner, who is filing for divorce, must pay a filing fee. The typical cost for filing for divorce in Washington State is $314, though there might be additional costs and fees incurred for copying or filing additional paperwork. 

If you cannot afford the filing fee because of financial hardships, you can submit a written request to the judge to waive it. You will need to submit a motion to waive the fee, and the judge will either confirm or deny the request. 

How to Deliver Divorce Papers to Your Spouse?

In some cases, you may have an uncontested joint divorce where both former spouses decide to go their separate ways. In all other cases, once you’ve filed you will need to serve your spouse with the divorce papers while retaining any confidential information forms and copies. This will also include a Summons form for court. 

There are a few ways of serving divorce papers. Your spouse may sign a Service Accepted form, agreeing to receive the paperwork informally. If they do not accept, you’ll have to have a professional hand-deliver the paperwork for them to sign and file. 

If you cannot or haven’t been able to serve your spouse, you can ask the court to send the documents via mail. This requires a Motion to Serve by Mail petition. In some cases, you may want to publish a notice in the local newspaper, which requires a Serve by Publication. 

When all papers have been served, you will file the Serve Accepted form or Proof of Personal Service form. The court will then establish if you’ve filed all requisite forms for divorce. After filing, your spouse will then have a response time—this can be 20 days if served personally in the state of Washington, or up to 60 days when out of state. 

How to File the Divorce Papers With the Court?

Filing with the court is fairly straightforward, though there is a court fee in Washington State of a few hundred dollars. Each step in this process has associated expenses, and you’ll want to ensure that there are no hiccups when filing with the court by having your attorney look over all requisite forms and papers. Once you have submitted the correct paperwork in the county you live in, the court will then determine if you’ve filed all the paperwork properly. After you sign and file with the court, your divorce becomes official.

How Much Does a Divorce Cost in Washington State?

The filing fee for divorce in Washington is $314 as of 2022. Any other costs might include photocopying, delivery services fees, and more. There are special forms to fill out if you cannot afford the divorce fee, which request that the court waive the fee in your favor.

What’s the Cost of an Uncontested Divorce?

The average cost of an uncontested divorce in Washington State is much less than a contested one but still has some associated expenses. Uncontested cases typically do not require lawyers, and the paperwork may be filled out without assistance. Hiring an attorney will cost about $4,000 on average in an uncontested divorce, even if you and your spouse are in agreement. A divorce lawyer in WA will be able to help you through the process.

If you do not hire a lawyer, file the paperwork on your own, and only use online services, expenses will be around $500 in total. It’s possible that you might make a mistake at some point during your DIY divorce process, however—if you make a mistake that means filing documents again, or spending money on other small expenses.  In some cases where real property is accidentally left off the divorce documents, you may even have to go through a completely different legal process in order to dispose of that property.

What’s the Cost of a Contested Divorce?

Contested divorces that go to a trial can be very expensive. You will need a trusted lawyer on your side, and contested divorces require the division of property, assets, and debts. Most attorneys charge an hourly rate, and the complexity of the divorce may drive prices further. Depending on your case and the amount of time required, some contested divorces in Washington cost more than $20,000 depending on the amount hearings required and how lengthy the trial is.

There are other fees and services required as well. Mediators, accountants, property appraisers, private investigators, and financial advisors can all be expensive. When a contested divorce is drawn out for months or years, it can be both expensive and draining. Divorce lawyer costs can be substantial, but necessary.

How Long Does the Divorce Process Take?

While the process can be different for everyone, there are aspects of the divorce process in Washington State that are universal. The waiting period is three months—this 90-day period is the minimum requirement before the court finalizes your divorce. The divorce petition must be filed and served for 90 days before it is signed by your local Washington court.

Drawing divorce papers and filing for a divorce can take days or weeks depending on several factors. Preparing paperwork, scheduling appointments, and meeting with your lawyer takes time, but once your divorce is filed the process begins and everything moves forward.

This process might take longer depending on circumstances, especially if your spouse objects to the petition. There are other disputes that can arise over property, children, etc, and the process might take longer if there are issues with your case including domestic violence or drug abuse. Any complications with minor children will drag out the process. If you or your spouse need to split assets with a QDRO, you’ll need a lawyer to hash out the particulars.

There can be temporary orders in place during the three-month waiting period, and parenting plans will be established for children. Other temporary orders may include protection, financial support, and spousal conduct.

How Long Do I Have to Respond to a Divorce Petition?

You have up to 20 days to respond to a petition for divorce in Washington State if you were served in person. Remember, you have up to 60 days to respond if you are served outside the state.  As always, review the summons that should have came with the documents you were served with.

Do I Need an Attorney to File for a Divorce in Washington?

It is always a good idea to retain the services of a trusted attorney when dealing with any legal process, especially divorce. Even in uncontested divorces, the process can be messy and complicated, and you don’t want to be unprotected in any situation that involves finances, property, or children. A lawyer can help you file the appropriate paperwork, look over any legal documents, and offer you representation and assistance. Finding a good divorce lawyer will make the entire process substantially easier.