Residency Requirements
In order to file for divorce in Washington, you must reside in Washington on the date that your petition for dissolution is filed.
Fill Out Your Forms
In order to begin the dissolution procedures, one spouse (known as the petitioner) must file a summons and petition for the dissolution of their marriage. The petition contains basic facts about the marriage, and what the petitioner wants as far as parenting, property division and support. The petition is then served on the other spouse (the respondent). Usually service is done by having copies delivered to the respondent.
After service (the location of which is irrelevant), the respondent has 20 to 60 days to reply to the petition in writing. Within the response, the respondent can include a "counter petition" which states the respondent's position (which might and probably will differ from the petitioner's) on the parenting plan, property, debts and support.
As a precaution, once the petition is filed, there is at least a 90 day time period before the judge can sign the decree to finish the case.
If the parties have reached an agreement and they do not desire to proceed with a lengthy trial they can use Rocket Lawyer's easy interview process to complete a Divorce Settlement Agreement outlining all of the details of their agreement. The Divorce Settlement Agreement details the division of property, assets, debts and liabilities and settles matters of child support, custody and visitation.
Temporary Orders and Restraints
After the service and response period of the divorce, the next step is to arrange for temporary orders to facilitate and guide the behavior of the two parties. Both the petitioner and the respondent can request temporary orders, and usually these orders cover the following subjects:
- Residential arrangements for the children
- Child support
- Spousal maintenance
- Occupancy of the family home
- Payment of bills
- Preserving property
If the spouses cannot agree, a court hearing will be called to allow a judge to establish the necessary orders. If there are immediate problems in a dissolution case, a "show cause" process may be requested by either the petitioner or the respondent. In order to initiate a "show cause" proceeding, one spouse must obtain a court order requiring the other to "show cause" as to why he or she cannot grant the relief that was originally requested of him or her. During this time, the court may restrain the accused spouse from harassment, entering the family home, taking the children out of state, disposing of property or incurring any unusual debts. Once the "show cause" order is issued a hearing is usually held after 2 weeks.
The Final Stage
If no part of the dissolution is contested, then the case does not need to go to trial. If spouses cannot negotiate an agreement, a trial will be held to settle any disputes. Whether or not you and your spouse agree on the terms of the divorce, it may be a good idea to Find a Lawyer to help you with the process.
When the court signs a Decree of Dissolution of Marriage, the marriage ends. In a settlement case, the settlement document is presented in writing for court approval, and the judge's signature. In a trial case, the judge's decision is recorded in writing and then signed by the judge who conducted the trail. Until the judge signs the Decree of Dissolution of Marriage the marriage is not over.
A Note about Forms
Please note that the following are the forms available on the Washington state government website. It is very possible that your county could have another supplemental form so it might be necessary to check in with your local court. Please note that some of these forms are PDFs, while others are only available as documents. You can view a complete list of divorce documents on the Washington State Court website.
- Petition for Dissolution of Marriage
- Confidential information form
- Addendum to Confidential Information
- Summons
- Return of Service. If the respondent completes the Joinder or Acceptance of Service, or signs the Joinder in the Petition, service of process of the Petition and Summons is not necessary.
- Joinder
- Acceptance of Service
- Response to Petition
- Note for Dissolution Calendar
- Finding of Fact, Conclusion of Law
- Decree of Dissolution
If you have children, these additional forms must be completed:
- Order of Child Support
- Child Support Schedule Worksheets
- Financial Declaration
- Sealed Financial Source Documents (Cover Sheet)
- Parenting Plan; Proposed (PPP), Temporary (PPT), Final Order (PP)
- Residential Time Summary Report
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
