Learn How to File for a Washington Divorce and Prepare for Your Court Hearing

If you are quite certain that you want your marriage dissolved, the first thing you will need to do is find a lawyer. Even if you and your spouse agree on getting the divorce, division of assets, child support and custody, and other such issues, the process is still legal--and it is wise to consult a lawyer.

If you do not do this, you may face a hurdle right at beginning because you need to verify with which court and jurisdiction the divorce petition should be filed within your county or district. Should this be at the circuit or the superior court? What you can do is call your local courthouse and ask.

Washington State Divorce Options for You

You may either file for a ‘no-fault’ divorce in Washington (which signifies that there are irreconcilable differences between you and your spouse) or an ‘at-fault’ divorce, in which you hold your spouse responsible for failure of the marriage.

If you are filing a 'no-fault' divorce, it needs to be decided whether you or your spouse is going to file the initial petition. Who files the paper work is really not an issue, but either you or the spouse must do this. If there is a dispute, you may also file papers for temporary custody and support if the two of you have children.

Keep proof of the service of process, which shows that a copy of the divorce petition and related papers were served to your spouse or his/her lawyer. It is best to have the papers served at the lawyer's office or in a civilized manner with reasonable privacy to your spouse. Serving it at their place of work is not just dramatic, it is in bad taste too.

What to Know When You are Filing for WA Divorce

One thing you must be aware of is residency requirements in Washington State to file for divorce. As per the law, you must be a state resident, belong to armed forces and based here, or be the wife or husband of someone who is a resident. To know how long the period of residency must be, you should consult a lawyer or the relevant county court clerk.

The only grounds for dissolution of a marriage that the state permits are that the marriage is irretrievably broken. Either you or your spouse must deny it for the court to consider all relevant factors, including the facts and circumstances that gave rise to the filing of the petition in the first place.

The court will also carefully scrutinize and weigh the prospects for reconciliation before it can find that the marriage is irretrievably broken. On request of either party or on its own, it may choose to transfer the case to the family court, or refer it to a counseling service for a report back within 60 days.

To facilitate amicable settlement of disputes arising from the filing for dissolution, legal separation or invalidity of marriage, you may both enter into a written separation contract. This will provide for maintenance, disposition of property that is jointly or individually owned, parenting and support for children, and to release each other from all obligations except those agreed upon in the contract.

Washington Divorce and Mediation

If you fail to settle the contested issues, the court may set up the matter for mediation, before or along with the trial. The mediator will do his or her best to reduce acrimony and develop an agreement ensuring your children’s close and continuing contact with both parents after your divorce.

Washington is a ‘community property’ state. This means that property and debts acquired during the marriage are to be split equally, unless you mutually agree otherwise.

Courts would consider four factors here:

•    The nature and extent of joint property
•    The nature and extent of separate property
•    Duration of the marriage
•    The economic circumstances of each spouse following property division, especially if a child’s custody and inheritance are concerned

The court may award alimony to either of you without regard to marital misconduct. How much and for how long this will continue will depend on the financial resources of the one seeking maintenance (after property settlement), and the ability to meet his or her needs independently.