After 90 days have passed, you can then file for a dissolution of the marriage. It’s rare that a divorce is uncomplicated enough to file as joint petitioners with no issues arising. 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. Uncontested Divorce in Washington. After you agree, our Washington State uncontested divorce lawyers handle everything else. The divorce cannot be granted until 90 days have elapsed after the petition for divorce is filed. The judge will then review all of your documents and once approved, the divorce will be final. If you’re thinking about getting a divorce and you’d like the advice of an experienced divorce lawyer, get in touch today. 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. Arrange for the summons to be served to your spouse as soon as possible. Even if you think you’ll agree on splitting your assets and debt, arguments quickly arise when one spouse feels unfairly treated. A divorce petition must be filed in the county where you live, not where you got married. An uncontested divorce in Washington State is a divorce in which neither spouse is the defendant. Technically, a divorce in Washington State can be finalized 90 days after the Petition for Dissolution of Marriage is filed and is signed by both spouses (or is signed by one spouse and served to the other spouse). At Bliss Law Group, we will provide you with the legal guidance you need … Online divorce may be appropriate for couples who have an uncontested case. 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. Make your uncontested divorce process seamless and straight forward by using Divorce Washington Online assistance service. Failing to respond can lead to default. Our experienced Washington State uncontested divorce attorneys can handle your situation as well, allowing you to breath easier knowing that all the little details will be taken care of in an efficient and professional manner. For those seeking an inexpensive divorce in the state of Washington, online divorce is an easy, affordable and fast solution. If you disagree about any of these issues, your divorce is not uncontested. 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.". No comments yet. The following information will help you understand the basics of the divorce process in Washington, and how you can move forward with 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). A Washington state uncontested divorce is essentially an expedited divorce process. For example, an early agreement removes the need for temporary order hearings, which can be expensive. Waiting Period The last thing you want is delays due to incorrectly filed documents that could have easily been taken care of by a trained attorney. This also doesn’t take into account the cost of attorney or mediation fees if required. 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. Just like a contested divorce, an uncontested divorce will legally end your marriage. Although this is practically the same process as a divorce, there is different paperwork you must submit. The spouse who files the initial paperwork is called the "petitioner," and the other spouse will be the "respondent." To begin the process of an uncontested divorce, you must know your spouse’s address and both agree on the terms of the divorce. A written settlement agreement will be submitted to the Ex Parte Department Commissioner who will need to approve the settlement to make the divorce final. Learn how you can file a divorce in Washington State without court appearance using Washington Divorce Online. Read more » They are free to fill out online but some courthouses require a fee for filling them in in-person. It is where you and your spouse sit down and agree in advance on all of the critical issues regarding your divorce. However, your divorce can be easier, and more like a polite negotiation than a boxing match. Notes: This summary is not intended to be an all inclusive summary of the laws of divorce in Washington, but does contain basic and other provisions. An uncontested divorce is a type of divorce where couples agree to negotiate and settle their divorce issues outside of court. You can get an uncontested divorce only if you and your spouse agree on all issues. This will also require a court fee. No one gets married with plans to get divorced. Once 90 days from the filing date have passed, the judge will review your paperwork. Divorce - State Law Summary - Washington. 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. With a divorce by agreement, the spouses must agree on all divorce-related issues, including child custody and child support, if children are involved. An uncontested divorce Washington is a divorce in which both spouses are in complete agreement about everything. If you have questions about the Washington State divorce process, you should contact a local family law attorney for advice. (Wash. Rev. If served in Washington state, your spouse will have 20 days to respond. File for a divorce without an attorney in the State of Washington. The fee can differ between counties, so check with the clerk before filing to ensure you have posted the correct amount. In some states, the information on this website may be considered a lawyer referral service. This shows the vast difference between the two and the money you can potentially save when filing for an uncontested divorce. Many people believe that if they file for an uncontested divorce, there is no need to hire a divorce attorney. If they don’t approve of filing in Lincoln County, you’ll have to use either your or your spouse’s home county. In an uncontested divorce, both spouses agree on the issues involved in the divorce, such … Ensure all paperwork is filled out in full and filed in the correct departments to avoid delays. It can include the attorney help that may cost $500-600 per hour. Although you may think a divorce attorney isn’t necessary, it’s surprising how quickly divorce proceedings can become complicated. In the process, all of your assets accumulated during the marriage will be split, and one spouse might receive an alimony payment. 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. Some counties have more than one superior court. Uncontested Divorce. It doesn’t matter that you agree on everything. They are free to fill out online but some courthouses require … Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. On the other hand, a contested divorce in Washington State costs an average of $20,000 per party (mostly due to attorney fees). When divorcing spouses can agree on all the terms of their divorce, they can pursue an "uncontested" divorce. Are Parenting Plans Affected By New Covid restrictions? There are restrictions on who is legally allowed to serve the summons, your local court clerk will give you advice on this. You are required to wait a minimum of three days before applying for another marriage license in Washington State. According to the Contested divorce… Since Washington is a no-fault state, there’s no need to prove your spouse did something wrong in order to file for divorce. 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. If you have no children and want to get a divorce or dissolution of domestic partnership, read this first. Washington State Uncontested Divorce, generally $795 to $1,195 Flat Fee applies for drafting documents and includes all court appearances. After completing those steps, how you move forward will depend on whether your divorce is contested or uncontested. In Washington, the minimum length of a divorce case is three months. Complete this document and file it with the court clerk to begin your case. In this case, there are fewer issues to resolve to make the divorce final. With a divorce by agreement, the spouses must agree on every issue in the divorce including child custody and child support, if children are involved. This means one person wants the divorce and will serve the divorce papers to their spouse (even though they agree to the divorce terms). 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. If you have minor children, you must complete a divorce education course and provide proof of your attendance to the court. This is an option if a divorce isn’t a viable option, such as if your religion doesn’t allow divorce. This will ensure you are both happy with the agreement terms. Uncontested Divorce in Washington 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. Washington only grants divorce on a no-fault basis. 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. Even though you bought the house together and technically could request the sale of the house to split the asset. For self-help options, visit Washington Law Help for information, forms, and guidance. 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. All the costs are stipulated by the Supreme Court and can vary according to the terms of your case. The role of a mediator is slightly more in-depth. It means that one spouse doesn’t get an unfair advantage over the other, and both get equal legal advice and representation. In an uncontested divorce, the settlement will almost definitely be approved. 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. Irretrievable breakdown of the marriage is the only grounds to end a marriage. Best price $139. However, many divorces take longer than 90 days to finalize due to a … The spouse who files is the Petitioner; the spouse who responds is the Respondent. September 18, 2020 Virtually everyone getting a divorce (called a ‘marital dissolution’ in Washington State) wants to know how much it will cost to hire an attorney. 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. Washington is a No-Fault only state. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. 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). The Uncontested Divorce Process in Washington State. 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. An uncontested divorce in Washington State takes an average of three months to complete. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Washington offers a simplified process for uncontested divorces if spouses are able to agree on all issues in their divorce. In this instance, the courts will intervene and help resolve any 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.". Fo… 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. (Wash. Rev. In short, yes. The date the judge signs the Decree of Dissolution is when your divorce becomes final. 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. File divorce papers with the court. But when two people are facing irreconcilable differences, divorce is often the best option, even though the process can be difficult and emotional. However, this is the most common option. § 26.09.030.) Here are the steps you’ll need to take in Washington: Start by determining which county you can petition for divorce in and find the local courthouse in that county. Divorce in Washington State; More than 40% of all granted Washington State divorces are uncontested divorces. All rights reserved. You can either file them in your home county or the county where your spouse resides (if this differs). In this case, however, both spouses are advised at the same time and the attorney doesn’t represent one individual. 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. The 90-day clock begins to run as soon as the petition is served. Divorce is inevitably difficult for the adults and children involved. 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. Getting a truly uncontested divorce Washington can save you months of work and thousands of … You cannot file for a contested or uncontested divorce if you’re in a domestic partnership. However, your spouse must consent to the divorce papers being filed in Lincoln County before you can go ahead. Code Ann. It is common for divorce in Washington to take up to 6 months or longer. 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. By VSSF The only legal grounds for a divorce in the state of Washington is that the marriage is irretrievably broken. This includes property, earnings, pension benefits and 401(k)s. Bear in mind that splitting assets “equally” does not always mean a 50/50 split. 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. © Copyright 2019- Van Siclen Stocks Firkins. 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. For more information on uncontested divorces in Washington, see Washington Statutes, Chapter 26, Section 9. This article provides cost information on both, to the extent available. Washington State Does Not Recognize Common Law Marriages Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Uncontested Divorce $495 plus $344 court filing fee. Code Ann. The divorce process begins with the divorce form or petition for divorce. Code Ann. 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. 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