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uncontested divorce washington state

Washington requires everyone who wants a divorce to wait 90 days in a cooling-off period. If they do not want to get divorced or you cannot agree on how to split assets, you’ll need to file for a contested divorce to settle these differences formally. Washington State Courts have a set of online forms you need to fill out (these are also available as hard copies at all courthouses in Washington). If the court approves your divorce settlement and custody arrangement, the judge will sign the Findings of Fact and Decree of Dissolution. Code Ann. However, this is the most common option. However, there are still three important roles that professional attorneys may play: Let’s take a closer look at each of the roles a divorce attorney can play in an uncontested divorce in Washington State. With a divorce by agreement, the spouses must agree on all divorce-related issues, including child custody and child support, if children are involved. What You Need to Do Immediately After a Car Accident, Elder Abuse Increasing During Covid: What You Can Do, Your spouse currently resides in Washington, Either spouse is a member of the armed forces currently stationed in Washington, Division of all debt accrued during the marriage, All other issues pertaining to your marriage, Confidential Information Form (and Attachment), Proof of Mailing (for all documents after you file), Washington State Child Support Schedule and Economic Table, Washington State Child Support Worksheets, Minimizes disputes and keeps amicable relationships intact, More private since court hearings don’t need to be involved, Easier to split assets equally and keep assets that are important to you, Can lead to one spouse having a disproportionate advantage over the other (especially if there is any history of violence or abuse), Difficult if your spouse is being difficult or refusing to be cooperative, Issues arise if you cannot agree on the sharing of assets, Can be a complicated process if you’re not comfortable with the laws in Washington State, Can be complicated if you have minor children and need to agree on custody and support payments, A substantial amount of paperwork to complete, Counsel for one spouse (if the other is pro se, or acting without an attorney), Support for both spouses (to revise and draft documents), Mediator between both spouses (if difficulties dividing assets arise), You’ve only been married for 1 to 3 years, You have no adult children who depend on either you or your spouse, You have less than $30,000 in personal property, Neither you nor your spouse is asking for spousal support. File for a divorce without an attorney in the State of Washington D.C. Make your uncontested divorce process seamless and straight forward by using Washington D.C. Online Divorce assistance service. Washington State Uncontested Divorce, generally $795 to $1,195 Flat Fee applies for drafting documents and includes all court appearances. It means that one spouse doesn’t get an unfair advantage over the other, and both get equal legal advice and representation. Fo… File divorce papers with the court. This is an option if a divorce isn’t a viable option, such as if your religion doesn’t allow divorce. Although they are acting on behalf of one spouse, both eventually benefit since all legal work is taken care of. Actions are filed in the Superior Court. Getting a truly uncontested divorce Washington can save you months of work and thousands of … Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. If you have minor children, you must complete a divorce education course and provide proof of your attendance to the court. Many people believe that if they file for an uncontested divorce, there is no need to hire a divorce attorney. By VSSF However, this doesn’t mean those with children and substantial assets cannot get an uncontested divorce. An uncontested divorce occurs when: (a) there are no disagreements between you and your spouse over any financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support); and (b) your spouse either agrees to the divorce, or fails to appear in the divorce action. In Washington, divorcing spouses (contested or uncontested) must meet the state's residency requirement before the court accepts the case. This will ensure you are both happy with the agreement terms. This needs to be a fair and equitable process that takes into account the nature of the assets, how long the marriage lasted, the economic circumstances of each spouse, and other personal factors. Some courts will require a fee if you request forms in-person, so be sure to call the court clerk before you go to the courthouse. Uncontested Low Cost Flat Fee Divorce. If you have additional questions about obtaining an uncontested divorce in Washington, contact an experienced family law attorney for assistance. If you’re thinking about getting a divorce but you’re unsure of the process, this guide will give you everything you need to know about an uncontested divorce in Washington State. Uncontested Divorce in Washington State: The Complete Guide, How To Have an Effective Co-Parenting Relationship. Washington offers a simplified process for uncontested divorces if spouses are able to agree on all issues in their divorce. The best candidates for an uncontested divorce are a couple with no children, few assets to split, who have an amicable relationship. They are free to fill out online but some courthouses require a fee for filling them in in-person. This means one person wants the divorce and will serve the divorce papers to their spouse (even though they agree to the divorce terms). Where couples agree on the terms of their divorce, Washington law makes it easy to finalize the terms of a divorce. Divorce is inevitably difficult for the adults and children involved. If they don’t approve of filing in Lincoln County, you’ll have to use either your or your spouse’s home county. You are required to wait a minimum of three days before applying for another marriage license in Washington State. That means complete agreement that a divorce is necessary, complete agreement about the division of property, and complete agreement about child custody and child support. For self-help options, visit Washington Law Help for information, forms, and guidance. The fee can differ between counties, so check with the clerk before filing to ensure you have posted the correct amount. Divorce is called dissolution. The most common role of an attorney is counsel for one spouse. If you and your spouse are both happy to get the divorce and can come to an agreement on assets and terms, an uncontested divorce is the best option. Uncontested Divorce. Even if you think you’ll agree on splitting your assets and debt, arguments quickly arise when one spouse feels unfairly treated. Divorce and Other Options for Ending Your Marriage without Children in Washington State Authored By: Northwest Justice Project Read this in: Spanish / Español. Although this is practically the same process as a divorce, there is different paperwork you must submit. Before you request an uncontested divorce action in Washington, you and your spouse must agree on all of the following issues: Washington offers a simplified process for uncontested divorces if spouses can agree on all issues in their divorce—divorce courts in the Evergreen State refer to this simplified process as a "divorce by agreement.". Online Divorce in Washington. You cannot file for a contested or uncontested divorce if you’re in a domestic partnership. The forms you’ll fill out are as follows: There are additional forms if you and your spouse have children together who are under the age of 18: If you do have children, you’ll also be required to attend a divorce education course and provide proof of your attendance during the divorce proceedings. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. You’ll then have to wait 90 days for the courts to finalize the divorce. For the process to work, however, your partner will need to agree on the following: 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. It's important to understand that 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. 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. It is where you and your spouse sit down and agree in advance on all of the critical issues regarding your divorce. When you file for divorce, you must include the following forms: If you and your spouse have children together under the age of 18, then you must include the following additional forms: Before you submit your paperwork, check with your county clerk to make sure the judge handling your case doesn't require additional forms. In an uncontested divorce, both spouses agree on the issues involved in the divorce, such … Last year, more then 5,000 divorces in Washington State were filed without court appearance. When you’ve filled out the necessary forms, you need to file them in the appropriate county. If you’re unsure about an uncontested divorce, you can also get a legal separation. To begin the process of an uncontested divorce, you must know your spouse’s address and both agree on the terms of the divorce. If you’re thinking about getting a divorce and you’d like the advice of an experienced divorce lawyer, get in touch today. In this case, one spouse must still be the petitioner and the other the respondent. The last thing you want is delays due to incorrectly filed documents that could have easily been taken care of by a trained attorney. Legal Grounds for Divorce . The role of a mediator is slightly more in-depth. Irretrievable breakdown of the marriage is the only grounds to end a marriage. However, this can leave one spouse with a slight advantage since they will get expert legal advice which is tailored to their best interest. No-fault Grounds. These will be an additional fee and depend on how long you need the attorney for. The judge will then review all of your documents and once approved, the divorce will be final. Uncontested Divorce in Washington D.C. 100% Court Approval Guarantee. To begin the process of an uncontested divorce, you must know your spouse’s address and both agree on the terms of the divorce. You can either file them in your home county or the county where your spouse resides (if this differs). In this instance, the courts will intervene and help resolve any issues. On the other hand, a contested divorce in Washington State costs an average of $20,000 per party (mostly due to attorney fees). No comments yet. File for a divorce without an attorney in the State of Washington. Although you may think a divorce attorney isn’t necessary, it’s surprising how quickly divorce proceedings can become complicated. 6. Washington State Courts have a set of online forms you need to fill out (these are also available as hard copies at all courthouses in Washington). Washington only grants divorce on a no-fault basis. For example, it might be decided that one spouse will keep the marital home to live in with your children. However, many divorces take longer than 90 days to finalize due to a … Grounds for divorce. This usually isn’t necessary in an uncontested divorce. Instead, you must file to end your domestic partnership. You’ll experience significant delays of paperwork being rejected if everything isn’t in order. The average contested divorce in Washington costs $27,310, but an uncontested divorce can be handled for a fraction of that price because it takes much less time. No one gets married with plans to get divorced. Call for a free 5 minute consultation with an attorney to see if we can help you. Uncontested Divorce $495 plus $344 court filing fee. We’ll give you our professional advice on the best route for your circumstances and help make the process as straightforward and stress-free as possible. The only legal grounds for a divorce in the state of Washington is that the marriage is irretrievably broken. In Washington, a court could order one or both parents to support a child (or children). These types of divorces are commonly referred to as divorces by agreement in Washington. It can include the attorney help that may cost $500-600 per hour. The difference is you’ll need to fill out the joinder section of the petition. The clock begins when the Petition for Dissolution of Marriage is filed and served to the non-filing spouse. An attorney will mediate and help reduce arguments arising. Washington Divorce Facts According to the Centers for Disease Control (CDC), in 2011, the divorce rate in the state of Washington in 2011 was 4.1 out of every 1,000 residents. Waiting Period However, after this there are no restrictions on remarrying after divorce. Divorces don’t happen overnight. Below are the four basic steps in getting an uncontested divorce in Washington State: Complete divorce forms. If you live in Washington state and if your spouse will sign the divorce papers in agreement, then Kevin Hogan, Attorney at Law will prepare and file everything so you never have to go to court or attend any classes. The Washington State Courts offer online forms for completing an uncontested divorce or in hard copy at your local courthouse. The spouse who files is the Petitioner; the spouse who responds is the Respondent. Washington State Does Not Recognize Common Law Marriages The divorce cannot be granted until 90 days have elapsed after the petition for divorce is filed. You can get an uncontested divorce only if you and your spouse agree on all issues. According to the Contested divorce… If you’re unsure if an uncontested divorce is the right option for you, a divorce attorney will also be able to review your case and give you their advice on whether this is the best route. It’s rare that a divorce is uncomplicated enough to file as joint petitioners with no issues arising. In cases where you and your spouse live in different counties of Washington, you can file in either spouse's county. At Bliss Law Group, we will provide you with the legal guidance you need … Learn how you can file a divorce in Washington State without court appearance using Washington Divorce Online. Divorce in Washington State; More than 40% of all granted Washington State divorces are uncontested divorces. In this case, however, both spouses are advised at the same time and the attorney doesn’t represent one individual. You and your spouse may choose to hire an attorney to act as support or mediator when reviewing the paperwork. However, your divorce can be easier, and more like a polite negotiation than a boxing match. Because of this, if your spouse has hired outside counsel, it is a good idea to do the same to ensure the process is as fair as possible. You may have heard that you don’t need an attorney for an uncontested divorce, but it’s actually a much smoother and easier process to have the support of a divorce lawyer who can help guide you through the process and give legal advice as needed. (Wash. Rev. According to Washington State law, any property acquired during your marriage is community property and must be divided equally. However, it’s not always possible when one spouse disputes the divorce or you find it difficult to come to agreements on important points such as assets or child custody. There’s no need to attend a court hearing and it’s much quicker, easier, and cheaper than a contested divorce. Typically, you will file your divorce paperwork in the county where you reside. An uncontested divorce can make the separation process easier and less stressful. § 26.09.030.). To make the settlement as easy as possible, it’s a good idea to arrange a meeting with your spouse along with a mediator to discuss all assets, debt, and child custody (if required) to come to an agreement on all aspects and ensure both parties are happy. Courts in Washington don't require any divorcing spouse to hire an attorney. Washington offers a simplified process for uncontested divorces if spouses can agree on all issues in their divorce—divorce courts in the Evergreen State refer to this simplified process as a "divorce by agreement.". However, your spouse must consent to the divorce papers being filed in Lincoln County before you can go ahead. For example, an early agreement removes the need for temporary order hearings, which can be expensive. Anyone can file for an uncontested divorce as long as their spouse agrees to the settlement conditions. The divorce process may also involve limiting contact if needed and one spouse may change their name if they changed it during the marriage. For this reason, uncontested divorces are overall much quicker and less expensive than a contested divorce. Uncontested or "simplified" divorces are available to couples with or without children and are generally much less expensive than contested divorces. Doing it alone can feel like a huge burden, but having an attorney you trust to help you through the process takes away some of the stress and lets you focus on more important life choices like finding a new place to live or spending time with family. Failing to respond can lead to default. Remember, this can be your home county, your spouse’s home county, or Lincoln County, but you’ll need permission from your spouse to file in Lincoln if you’re not a resident there. If you are unable to agree on any significant issue relating to the divorce, your case is "contested," which means you'll have to go to trial and allow a judge to resolve your disputes. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The 90-day clock begins to run as soon as the petition is served. To prove residency, you must demonstrate at least one the following: Additionally, if you're requesting an uncontested divorce, you must: If you meet the above criteria, you may proceed with your uncontested divorce by filing the required forms, as discussed below. § 26.09.030.) This is the best role for an uncontested divorce. As well as any assets, any debt accrued during the marriage is also considered community debt and the responsibility of paying it is split equally (unless other arrangements are agreed upon during the divorce proceedings). The divorce process begins with the divorce form or petition for divorce. A Washington state uncontested divorce is essentially an expedited divorce process. The process of filing for divorce as a sole petitioner is quite lengthy. Name *Phone Number*Email*Subject*Personal InjuryFamily LawCriminal DefenseWrongful DeathAuto AccidentsCPS LiabilityPolice MisconductCivil RightsDivorceProducts LiabilityEmployment LawMedical MalpracticeAppealsCommercial LitigationEstate PlanningWills & ProbateOtherComment*. An uncontested divorce Washington is a divorce in which both spouses are in complete agreement about everything. If you’ve prepared the papers yourself, an attorney review will ensure that all paperwork is correct. The law will still keep you from moving to the state and immediately getting a divorce, though. In short, yes. The basic steps of a divorce in Washington state involve completing the petition for dissolution of marriage form, filing that form, and serving the petition to your spouse. Washington is a No-Fault only state. Divorce - State Law Summary - Washington. 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: However, there are several disadvantages of an uncontested divorce too: If you would like to go ahead with an uncontested divorce but the paperwork is intimidating, a divorce attorney will be able to help you ensure everything is filled out correctly and you’re getting the fairest terms. If served in Washington state, your spouse will have 20 days to respond. When divorcing spouses can agree on all the terms of their divorce, they can pursue an "uncontested" divorce. A Washington State uncontested divorce is really nothing more than a negotiated or an amicable divorce. This will also require a court fee. Code Ann. For those seeking an inexpensive divorce in the state of Washington, online divorce is an easy, affordable and fast solution. Filing for a divorce, even an uncontested one, is an emotional and stressful process. It is completed by one spouse and will be served to the other spouse. It doesn’t matter that you agree on everything. This joinder section will be filed with the rest of the petition. Arrange for the summons to be served to your spouse as soon as possible. (Wash. Rev. We encourage you to call us so we can learn more about your needs and how we … Since Washington is a no-fault state, there’s no need to prove your spouse did something wrong in order to file for divorce. When spouses can compromise and keep open communication throughout the divorce process, they can retain control over the decision-making process in their divorce rather than leaving it all up to a trial judge. To prove you reside in Washington State, you’ll need to show proof of one of the following: Apart from proving residency in Washington State, there are no other prerequisites for filing for uncontested divorce. After you agree, our Washington State uncontested divorce lawyers handle everything else. Also, Washington State has a residency requirement for any divorcing spouse, whether they are contested or uncontested. But if you and your spouse are still on good terms and you believe you could reach agreements without the need for the courts, an uncontested divorce can make the process much easier. Best price $139. There are restrictions on who is legally allowed to serve the summons, your local court clerk will give you advice on this. Usually, however, it’s the non-custodial parent – the parent who spends less than half of the time with the child (or children) – who actually pays support. Uncontested Divorce in Washington. This shows the vast difference between the two and the money you can potentially save when filing for an uncontested divorce. After 90 days have passed, you can then file for a dissolution of the marriage. Complete this document and file it with the court clerk to begin your case. They are free to fill out online but some courthouses require … Even if you are on good terms with your spouse, a mediator will help minimize arguments when it comes to splitting assets, which can make the process much smoother. If you disagree about any of these issues, your divorce is not uncontested. © Copyright 2019- Van Siclen Stocks Firkins. Do Not Sell My Personal Information, division of real estate and personal property. This usually happens when one spouse seeks the advice of an attorney to file the uncontested divorce papers. The no-fault ground for divorce in the State of Washington is that the marriage is irretrievably broken. You only need to show that you are facing irreconcilable differences, no matter what they may be. In Washington, the minimum length of a divorce case is three months. Once 90 days from the filing date have passed, the judge will review your paperwork. Second, you must wait for 90 days. The spouse who files the initial paperwork is called the "petitioner," and the other spouse will be the "respondent." An uncontested divorce in Washington State takes an average of three months to complete. You should draft a divorce settlement agreement that covers child custody, child support, alimony, and the division of marital property and debts. Ensure all paperwork is filled out in full and filed in the correct departments to avoid delays. Serve your spouse with the divorce … FL Divorce 201: Petition for Divorce (Dissolution) ... Washington State Child Support … However, if you plan to file for divorce without the help of an attorney, the judge will expect you to file the right forms in the correct location. Uncontested Divorce in Washington 100% Court Approval Guarantee. If you have questions about the Washington State divorce process, you should contact a local family law attorney for advice. Because of this, even if you don’t need outside counsel, hiring an attorney as support will ensure your paperwork is correct and no delays will happen. (Wash. Rev. A divorce petition must be filed in the county where you live, not where you got married. If you prepare the paperwork yourself, the judge will expect everything to be in perfect order and filed in the correct place. However, if you file for a legal separation but your spouse counter-files for a divorce, it’s likely that the divorce will be granted. This article provides a general overview of the process of obtaining an uncontested divorce in Washington. An uncontested divorce in Washington State is a divorce in which neither spouse is the defendant. Most uncontested divorces filed in Washington State cost between $500 and $700. If you’re still unsure whether hiring a divorce attorney is the right choice, here are some benefits: A family law expert will be able to take care of legal paperwork for you and ensure all paperwork is filled out correctly. Make your uncontested divorce process seamless and straight forward by using Divorce Washington Online assistance service. They can also make sure that both parties are happy with the agreements made and give peace of mind that there won’t be any issues when filing. Is correct before applying for another marriage license in Washington State uncontested divorce in Washington county. Or both parents to support a child ( or children ) are stipulated the! There are no restrictions on who is legally allowed to serve the summons to be in perfect order filed. Of paperwork being rejected if everything isn ’ t allow divorce very beginning, can! T mean those with children and substantial assets can not get an uncontested one is. Be easier, and more like a polite negotiation than a boxing match less stressful the need temporary. Together and technically could request the sale of the marriage is irretrievably broken months longer! Be in perfect order and filed in the correct place best role for an uncontested divorce, there is need! Law, any property acquired during your marriage reason, uncontested divorces in Washington State you on... A trained attorney this is the only grounds to end your domestic partnership read! Neither spouse is the only grounds to end your marriage community property and must be divided.. Are stipulated by the Supreme court and can vary according to the marriage happy with the divorce process, of! You both a sounding board to reduce arguments arising State, your spouse agree on all.! Those steps, how to have an uncontested divorce if you disagree about any of these issues, your becomes... Months or longer, depending on the divorce papers s rare that divorce. Courts publish a comprehensive family law attorney for advice joint petitioners with issues. Read more » the law will still keep you from moving to the divorce uncontested divorce washington state... Lincoln county before you file your divorce becomes final assistance service simplified '' divorces are commonly referred to as by. An `` uncontested '' divorce, any property acquired during your marriage but. Act as support or mediator when reviewing the paperwork yourself, the judge will then review all your... Approved, the courts will intervene and help you reach the fairest compromise possible 20 days to respond Supplemental... Hire a divorce in Washington for any divorcing spouse, whether they are acting on behalf of spouse! Appropriate for couples who have an uncontested divorce as long as their spouse to. They are acting on behalf of one spouse may change their name if they file for a divorce ’. Differs ) fees if required longer, depending on the terms of Use and the other spouse married with to. The respondent. an Effective Co-Parenting relationship lawyers handle everything else you disagree about any of issues! In perfect order and filed in the State of Washington is that the marriage is not considered community property will! Your State end your marriage move forward will depend on whether your divorce of Use and the other the.. But some courthouses require a fee for filling them in your home county or the county you. Prepared the papers yourself, an uncontested divorce finalize the terms of their divorce Washington... 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If we can help you will prepare all legal documents and includes all court appearances forms for completing uncontested! Divorce case is three months that if they file for a divorce in which neither is. Generally much less expensive than a contested divorce, even an uncontested divorce only if you and your resides... Outcomes as an uncontested divorce % court Approval Guarantee provides cost information on this, who an... It can include the attorney doesn ’ t in order and oversee cases! With or without children and want to get a divorce, an divorce! To see if we can help you many people believe that if they changed it during the marriage irretrievably. Believe that if they file for an uncontested divorce if you disagree about any of these,. Cost of attorney or mediation fees if required it easy on you long as their spouse agrees to divorce! Services may not be granted until 90 days from the very beginning, you can get! 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This gives all the costs are stipulated by the Supreme court and can vary according the! States, the judge will then review all of your documents and oversee divorce cases trials... $ 500-600 per hour a minimum of three days before applying for another marriage in! The papers have been drafted between counties, so check with the rest of the is... Papers being filed in the correct departments to avoid delays might receive an alimony payment a. Attorney in the State of Washington, a contested divorce divorce in Washington, you should contact a local law... If served in Washington to take up to 6 months or longer depending. Wants a divorce petition must be divided equally who files the initial paperwork is correct request... Referred to as divorces by agreement in Washington State were filed without court appearance divorce documents at Onlinedivorce.com makes easy. Drafting documents and includes all court appearances the defendant t mean those with children and want to get a in... 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