When it comes to divorce in Washington, there are no hard and fast ways to go about it. Some couples manage to bring matters to a quick and quiet closure, while for others, the conflicts are too big to resolve out of court.
“Every divorce is unique because every family is unique. But once you become aware of your alternatives, it becomes easier to make decisions that will protect your future,” says Andrew Voelker, an experienced lawyer with Lutz & Associates, P.S.
If you are considering divorce in Washington, you should first be aware of the following options.
No-Fault Divorce
Washington is a no-fault state. This means you do not have to prove your spouse was at fault to obtain a divorce.
The only grounds required to obtain a no-fault divorce in Washington are that your marriage is irretrievably broken. You do not have the requirement to prove adultery, abandonment, or any misconduct to obtain a divorce in the state.
This type of divorce is easier and less complicated. Couples would then be able to focus on how to share assets and make future plans without blame or shame for either of them.
Fault Divorce
The state does not recognize fault divorce. This means you do not have to get a divorce on the grounds of adultery, abandonment, cruelty, or other forms of fault.
However, you may want to consider the actions during the marriage. For example, if you find out that your spouse has been wasting assets and has been dishonest about finances during the marriage, you can be sure that these issues will be addressed during the divorce.
Even though the spouse’s fault is not recognized in Washington, it is recognized in some cases. This is something you should be aware of to avoid getting confused about what the divorce is likely to be like.
Uncontested Divorce
An uncontested divorce is one in which both spouses agree on all major decisions, such as property division, debts, spousal maintenance, and, where applicable, child custody arrangements.
Where you and your spouse are able to reach an agreement, the divorce is much easier and less expensive. Paperwork is still necessary, and the court will need to approve the final documents.
Mediation is a popular choice for couples who wish to reach an agreement and then divorce. This is a less expensive and less stressful option than a contested divorce.
Contested Divorce
Not all divorces reach an agreement on major decisions. There are instances in which disagreements arise between partners over matters such as child support, assets, or spousal support. Such divorces are termed contested divorces.
When conflicts between partners are ongoing, the court’s role is magnified. The court may direct that temporary decisions be made, direct an exchange of financial information, and set a date for a hearing to resolve any pending matters.
Ongoing conflicts are lengthy processes that involve extensive preparation. Documentation and a legal approach are major factors that can determine the outcome of a case.
Summary Divorce
In special cases, the state may have a simplified process. Although an actual summary divorce is not officially stated in state laws, some simplified processes might be applicable in cases of couples that do not have many assets, do not have children, and both agree.
Such cases are usually less time-consuming and less courtroom visits. Nevertheless, all the necessary documentation should be completed correctly.
Even couples that fall under simplified procedures should still know their rights and follow the right procedures. Errors at the paperwork level may slow down the approval or cause problems in the future.
Selecting the Right Divorce Path Based on Your Situation
The form of the divorce process in Washington State depends on various factors specific to your situation. It may vary based on agreement levels, financial complexities, and parenting issues.
If you are not aware of the right form of divorce process based on your situation, it is always advisable to consult an experienced family law attorney. They can help you better understand the divorce process.
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