Best Divorce & Separation Lawyers in Washington

About Divorce & Separation Law in Washington, United States

Divorce and separation law in Washington state governs the process by which married couples or domestic partners legally end their relationship. Washington is a "no-fault" divorce state, which means that the parties do not need to prove wrongdoing by either spouse to obtain a divorce. Instead, a spouse only needs to claim the marriage is "irretrievably broken." Legal separation is an alternative to divorce, allowing couples to live apart and resolve important issues without fully ending the marriage. Both processes address critical issues such as property division, child custody, child support, spousal maintenance, and parenting plans.

Why You May Need a Lawyer

Hiring a lawyer for divorce or separation can help you navigate the complex legal system, especially when emotions run high or if the case involves significant assets, children, or disagreements. You may need a lawyer if you and your spouse cannot reach agreements on property division, custody, or support. Legal representation is also highly recommended if there are concerns about domestic violence, hidden assets, or if your spouse has already hired their own attorney. A lawyer ensures that your interests are protected, forms are properly completed, and all state laws and deadlines are met.

Local Laws Overview

Washington state has specific laws that govern divorce and separation, including residency requirements, property division, spousal support, and child-related issues.

- One spouse must be a resident of Washington or stationed in the state as a member of the armed forces to file for divorce or legal separation.

- Washington is a "community property" state. This means that most property and debts acquired during the marriage are divided equally unless the parties agree otherwise. Separate property, acquired before marriage or through inheritance and gifts, is generally not divided.

- The court decides child custody based on the best interests of the child, typically through a parenting plan. Child support is determined using state guidelines.

- There is a mandatory waiting period of 90 days from the date the petition is filed and served before the court can finalize a divorce.

- Mediation may be required in cases involving child custody or visitation disputes before a trial is scheduled.

Frequently Asked Questions

What are the residency requirements for divorce in Washington state?

At least one spouse must reside in Washington or be stationed in the state as a member of the military to file for divorce or legal separation.

How is property divided in a Washington divorce?

Washington is a community property state. Assets and debts acquired during the marriage are typically divided equally, but separate property usually remains with the original owner.

Do I have to prove fault to get a divorce?

No. Washington is a no-fault divorce state. You only need to state that the relationship is irretrievably broken.

What is the difference between divorce and legal separation?

A legal separation does not end the marriage but allows the court to address issues such as property division and child matters. Divorce legally ends the marriage.

How long does it take to get a divorce in Washington?

The soonest a divorce can be finalized is 90 days after filing and serving the petition, but it can take longer if there are disagreements or complex issues.

How does the court decide child custody?

The court considers the best interests of the child and creates a parenting plan that outlines custody, visitation, and decision-making.

Can I get spousal support (alimony) in Washington?

Spousal maintenance may be awarded based on factors like the length of the marriage, each spouse's financial resources, and each spouse's needs and abilities to support themselves.

Is mediation required for divorce cases in Washington?

In many counties, mediation is required for disputes involving children before proceeding to trial. The goal is to help parents reach agreements outside of court.

What if my spouse does not respond to the divorce papers?

If your spouse does not respond after being properly served, you can request a default judgment from the court which may grant you the relief you requested in your petition.

Can we use the same lawyer for our divorce?

No. An attorney can only represent one party due to conflict of interest rules, but you may be able to use a mediator who is a neutral third party to help you reach agreements.

Additional Resources

Consider reaching out to the following organizations for legal information or assistance:

- Washington State Courts - Family Law Resources: Offers helpful guides and forms for divorce and family law matters.

- Washington LawHelp: Provides free legal information and self-help resources related to divorce, legal separation, and family law issues.

- Northwest Justice Project: Provides free civil legal assistance to eligible low-income people in Washington.

- Washington State Bar Association - Lawyer Referral Service: Connects individuals with attorneys based on their legal needs and location.

- Local county superior courts: Offer family law facilitators who can help with paperwork and process questions.

Next Steps

If you need legal assistance with divorce or separation in Washington, consider the following steps:

1. Collect all important documents, such as financial records, property information, and details about children.

2. Think about your goals for property division, parenting plans, and support arrangements.

3. Consider reaching out to resources like legal aid organizations, family court facilitators, or the Washington State Bar Association for referrals.

4. Schedule a consultation with a qualified family law attorney to discuss your situation and understand your rights and options.

5. If you and your spouse are willing to work together, consider mediation or collaborative divorce to help resolve issues amicably.

Going through divorce or separation is rarely easy, but informed decisions and professional support can make the process smoother and help you achieve the best possible outcome for you and your family.