Seattle Divorce Lawyers

Facing the possibility of ending a marriage is never easy. If you are considering divorce or are about to start the process, you may want to understand the key laws and procedures involved. Having a clear awareness of what to expect can help you safeguard your interests and navigate this challenging time with more confidence.

In Washington, the process of filing for divorce is more flexible than in some states. There is no rule that mandates a spouse to have lived in the state for a specific period before initiating divorce proceedings. As long as you are a resident of Washington, you can request a divorce in a Washington court. Additionally, if your spouse is a resident of Washington, you are also eligible to file for divorce in the state, regardless of where you currently live.

If you are asking the court for a parenting plan, though, any child involved generally must have lived in Washington for the previous six months, or since birth if they are younger. (There are some exceptions.)

In some states, spouses can choose between a fault divorce, which involves claims of wrongdoing by one spouse, and a no-fault divorce. However, in Washington, only no-fault divorces are permitted. This means that you don't need to blame your spouse for the breakdown of the marriage. The only requirement is that the marriage is "irretrievably broken."

If your spouse disagrees and denies that the marriage is irretrievably broken, it might delay the proceedings as the court provides an opportunity for reconciliation. Despite this, the court will ultimately grant the divorce if one spouse insists that the marriage cannot be repaired.

Even with only one official ground for divorce, the process can vary significantly. In an uncontested divorce, both spouses agree on all the terms, making the process smoother and faster. In a contested divorce, disagreements about terms are resolved by a judge. There are also intermediate options like mediated divorce and collaborative divorce.

In a mediated divorce, a neutral mediator helps both spouses reach an agreement. In a collaborative divorce, each spouse hires an attorney to assist in negotiating a settlement. Understanding these options can help you choose the best path for your situation and ensure your interests are protected.

Some spouses may want to separate for practical purposes while remaining legally married, often due to religious beliefs or other personal reasons. In such cases, they can opt for a legal separation. This status allows them to divide their assets and debts, arrange for child custody and support, and take other steps similar to a divorce. However, they remain legally married and cannot marry someone else unless they eventually get a divorce.

In Washington, the law treats most assets acquired during a marriage as jointly owned, since it is a community property state. There are exceptions to this rule, such as gifts and inheritances received by one spouse during the marriage. Additionally, property that either spouse owned before the marriage remains their separate property.

The court's primary goal is to divide all assets and debts in a manner that is "just and equitable." This doesn't necessarily mean a 50/50 split, but rather a fair distribution based on various factors, such as:

• The length of the marriage
• The nature and extent of the community property
• The nature and extent of the separate property
• The economic circumstances of each spouse when the property division takes effect

Unlike some states, Washington allows the court to include both separate and community property in its distribution. This means that even assets owned by one spouse before the marriage could be allocated to the other spouse, although this is not typical. It's important to note that the judge is not allowed to consider any fault by a spouse for causing the end of the marriage when deciding how to allocate assets and debts.

Washington refers to what many people call “alimony” as “maintenance.” A court can order one spouse in a divorce to pay maintenance to the other spouse in an amount and for a time that the court finds fair. Some factors that the judge will consider include:

• The length of the marriage
• The standard of living during the marriage
• The age, physical and emotional condition, and financial obligations of the recipient spouse
• The financial resources of the recipient spouse, including separate or community property allocated to them, and their ability to meet their needs on their own
• The time needed for the recipient spouse to get the education or training to allow them to get an appropriate job
• The ability of the paying spouse to meet their needs and financial obligations while paying maintenance

The obligation to pay maintenance ends if the recipient spouse remarries or enters a domestic partnership. However, the paying spouse has the right to request a modification of the maintenance order if they can demonstrate that there has been a substantial change in circumstances.

If a divorcing couple in Washington has minor children, they will need to address child custody issues. Each parent can submit a proposed permanent parenting plan for their children, or they can work together to create an agreed-upon plan. If they cannot reach an agreement, the court will step in to decide the details of the final plan.

A permanent parenting plan outlines how decision-making authority and residential arrangements will be handled. Decision-making authority, which used to be known as "legal custody," involves important areas such as education, health care, and religious upbringing. The residential provisions, previously known as "physical custody," include a detailed schedule specifying where a child will live on particular days, including holidays, birthdays, vacations, and other special occasions. Factors that a court will consider in crafting the residential provisions include:

• The relative strength, nature, and stability of the child’s relationship with each parent (this is the most important factor)
• Each parent’s past and potential for future performance of parenting functions
• The emotional needs and developmental level of the child
• The child’s relationship with siblings and other significant adults, as well as their involvement with their physical surroundings, school, or other significant activities
• The wishes of the parents
• The wishes of a child who is mature enough to express reasoned and independent preferences
• Each parent’s employment schedule
• Any knowing and voluntary agreements of the parties

One parent may be required to pay child support to the other following a divorce. The state uses an "income shares" model to determine child support, meaning the incomes of both parents are taken into account. An economic table provided by state law is used to calculate the monthly basic support obligation. However, the court has the discretion to deviate from this standard calculation in certain situations if it deems it necessary. The economic table does not include health care and day care costs. These additional expenses must be shared by the parents in the same proportion as the basic child support obligation.

Starting a divorce proceeding involves completing specific forms and filing them with the court. You can file these forms in the county where either your spouse or you live. If you are in King County, you have the option to bring your forms to the King County Superior Court Clerk’s Office or file them electronically through the Clerk’s website. There is typically a filing fee, but if you cannot afford it, you may be able to request a fee waiver.

In some cases, both spouses may file the divorce petition together. However, if only one spouse files, they must ensure that the petition and other necessary documents are delivered to the non-filing spouse. This is known as "service of process." The filing spouse cannot personally hand over these papers; instead, they must hire a professional process server or ask someone who is at least 18 years old to do it. If attempts to deliver the papers in person fail, the filing spouse can seek the court’s permission to serve the documents by mail or by publishing a notice in a newspaper.

Once served, the non-filing spouse has a specific timeframe to respond to the divorce petition. If the papers were handed to them within Washington, they have 20 days to respond. If they were served outside the state, they have 60 days to respond. The response time extends to 90 days if the papers were served by certified mail, whether they are in-state or out-of-state. For service by publication in a newspaper, the non-filing spouse must respond within 60 days from the date of the first publication.

The process of finalizing a divorce depends on whether it is contested or uncontested. In a contested divorce, where the spouses disagree on one or more terms, a judge will need to resolve these issues at a trial. This makes the process longer and more complex. However, it's not uncommon for spouses to initially disagree but later come to an agreement before the trial takes place.

If the spouses are able to reach an agreement on all the terms, they can sign the proposed final orders and present them to the judge for approval. While this is generally a more efficient route, there is still a mandatory 90-day waiting period that applies to all divorces, even uncontested ones. This means that the judge cannot finalize the divorce until 90 days have passed since the initial divorce papers were served.

In cases where the non-filing spouse does not participate in the proceedings, the judge can finalize the divorce by default once the 90-day waiting period has concluded. This ensures that the divorce can be completed even if one spouse is uncooperative or absent.

Navigating a divorce on your own can feel overwhelming, but you don't have to do it alone. There are various resources that can help make the process smoother for you.

The King County Superior Court offers a Family Court Services program to assist people who are dealing with the complexities of divorce. This program provides mediation services to help parents come to an agreement on a parenting plan. Additionally, Family Court Services can conduct a thorough parenting plan evaluation, which assesses the needs of the child and the capability of each parent to meet those needs. The results of this evaluation are shared with both parents and the court. In some cases, the program may also conduct a domestic violence assessment, providing findings and recommendations to the parents and the court.

For those going through a divorce without legal representation, the King County Superior Court has Family Law Facilitators available to help. These facilitators can explain court procedures, provide guidance on completing divorce papers, and review the forms once they are filled out. However, it is important to note that they cannot fill out the forms for you, provide legal advice, or represent you in court.

If you have experienced domestic violence during your marriage, you should know that assistance is available. You can consult some of the following agencies and resources:

• Domestic Abuse Women’s Network (offers a 24-hour advocacy and support line)
• Consejo Counseling and Referral Service (for Spanish speakers and Latinos; offers an after hours and weekend crisis line)
• YWCA Seattle
• King County Protection Order Advocacy Program
• Northwest Immigrant Rights Project or Refugee Women’s Alliance (for foreign nationals)

You can also call the Domestic Violence Hopeline at (206) 737-0242. The Seattle City Attorney’s Office provides a further list of resources, such as LifeWire, New Beginnings, the Seattle Counseling Service, and the Salvation Army Domestic Violence Programs. The Washington State Department of Social and Health Services also lists emergency shelter programs and advocacy services, some of which are in the Seattle area.

If you're seeking more general guidance on divorce laws and procedures, the Divorce Law Center provided by Justia is a valuable resource. It offers free information that can help you understand the complexities of divorce and what to expect throughout the process. Additionally, Justia has compiled surveys covering key family law topics across all 50 states:

• Uncontested divorce
• Property division
• Maintenance (alimony)
• Child custody
• Child support
• Legal separation

You can check out the Washington entry in each survey. This will give you a clear understanding of what the law says about various aspects of divorce in this state. If you have a specific question or concern, you can use the Justia Ask a Lawyer platform to post it. You might receive a helpful response from an attorney in Washington. It's important to note that receiving an answer from an attorney on this platform does not establish an attorney-client relationship.

If you feel ready to find an attorney to assist with your divorce, the Justia Lawyer Directory is a great place to start. You can review listings of qualified attorneys in your area, making it easier to find the right legal support for your needs.

The King County Superior Court hears divorce and other family law cases. Its Seattle facility is the King County Courthouse, located at 516 Third Avenue. The courthouse is open from 8:30 A.M. to 4:30 P.M. from Monday through Friday. (The Maleng Regional Justice Center at 401 Fourth Avenue North in Kent serves south King County.)

If you're anticipating a hard-fought divorce, having an attorney by your side can be crucial. An experienced lawyer can alleviate some of the stress by managing the legal complexities for you. They will gather and organize the necessary evidence to support your case and present it in a manner that is likely to resonate with the judge. Often, attorneys who have argued cases before the same judge can leverage their familiarity to craft more effective arguments, an advantage you wouldn't have if you were handling the divorce on your own.

Many divorces are resolved through negotiated agreements, but this doesn't diminish the value of having a lawyer. Your attorney can present your position convincingly during any back and forth with your spouse. Even if your spouse and you agree on all the terms from the beginning without any outside help, it’s wise to have a lawyer review the agreement. This can help identify any potential concerns that a judge might raise, while preventing you from agreeing to terms that could have unforeseen negative consequences. Having legal guidance ensures that your rights and interests are safeguarded throughout the process.

In a city like Seattle, you have a wide range of attorneys to consider when navigating a divorce. It's important to be patient and thorough during this selection process. The ideal attorney for you will have experience with issues similar to those in your divorce. They should have a relatively clean professional record, although a minor infraction in the past shouldn't necessarily disqualify someone from your consideration.

Start by compiling a shortlist of potential attorneys and explore their websites to review their past results and client testimonials. Endorsements from peers can also be a strong indicator of an attorney’s reputation, which can be advantageous during negotiations or court hearings.

It's wise to meet with a few different attorneys before making your final decision. During these initial consultations, provide a brief overview of your situation and the key issues that need resolving. Pay attention to how confident and knowledgeable they seem, and whether you feel comfortable discussing sensitive matters with them. This mutual trust is crucial, since you'll need to work closely together throughout the process.

Additionally, make sure you understand how each attorney charges for their services. Hourly billing is common, but some attorneys may offer fixed rates for certain tasks. If finances are a concern, inquire about flexible payment plans. Some attorneys may offer various options to accommodate a client’s situation.

1. What if one spouse wants a legal separation, while the other spouse wants a divorce?

   A court can order a divorce even if only one spouse wants it. Thus, a petition for legal separation by one spouse and a petition for divorce by the other spouse likely will result in a divorce order.

2. Should I try to agree on the terms of the divorce with my spouse?

   Reaching an agreement with your spouse during a divorce can offer several benefits, including saving time and money. It also allows both parties to have more control over the outcome, rather than leaving the final decision to a judge they don't know. However, sometimes spouses have significant disagreements on critical issues. If you feel strongly about matters like child custody or support, and your spouse is unwilling to compromise, don't hesitate to pursue your desired outcome in court. It's important to stand up for what you believe is best for your children and you.

3. What can I do if my spouse is threatening to hurt me?

   You may be able to obtain a protection order against your spouse. This legal measure can mandate that your spouse stays away from your home or workplace and moves out of any shared residence. Additionally, it can restrict contact between your spouse and any of your children. You can request a protection order at any stage, whether before or after filing for divorce, to ensure your safety and the safety of your children.

4. Do I get to keep property that I bought with my income during the marriage?

   Not necessarily. Any income earned during the marriage is considered community property, as is any property acquired with that income. A judge will divide the property in a way that they consider fair.

5. How long do I need to pay child support?

   A parent usually will pay child support until the child turns 18 or graduates from high school, whichever is later. However, the obligation may extend longer in some cases.