Why you need us?

While it is true that there are many types of lawyers throughout the city it is very important that you hire an attorney that knows the local court system, knows the nuisances of how custody and support are handled, but most importantly you need someone that is dedicated to divorces.

Our family law attorneys all have a dedication to divorce. We understand what you are going through and the difficulties that lie ahead. That is why we have created this website, we want you to know that you are NOT ALONE. You have our team of attorneys as well as our dedicated staff. Please feel free to reach out to us for a free consultation.

Divorce in Seattle

Introduction
When a divorce occurs, there is permanent change for the husband, wife and any children involved.  Many questions will arise that will confuse you; the Divorce Law Offices of “Insert Attorney Name”  in Seattle are prepared to answer them for you.

Our attorneys are dedicated to helping you and your family during this difficult and most stressful time.  We are compassionate to your needs and will give you the representation that you deserve.  We are highly qualified to help you through the challenges that occur during the Washington divorce process.

Overview
The common term used to define the end of a marriage is Divorce, and the legal term is Dissolution of Marriage.  In Washington, the only ground for divorce is irretrievably broken.  You do not have to explain why the marriage is broken.  Once you file your documents, there will be a 90-day waiting period until the divorce is final.

Two specific issues involved in the dissolution of a marriage:

  1. Financial
    1. Property division
    2. Debt division
    3. Spousal maintenance/alimony
  1. Personal
    1. Child custody
    2. Child support
    3. In some instances - counseling

Washington must have jurisdiction to dissolve the marriage.  There are two kinds of jurisdiction.  If the court does not have either jurisdiction, it cannot legally dissolve the marriage.

  1. Personal Jurisdiction – over at least one party
  2. Subject Matter Jurisdiction – at the most basic level

Next Steps

Forms

  • The State of Washington has mandatory forms which need to be used to file for divorce.  You must use these forms in order to be granted your divorce.
  • You can purchase the required forms at the county clerk’s office or download them at www.wa.gov/courts/.
  • The forms come with instructions.  If you have children or property, you might need help filling them out.
  • When in doubt, have your attorney fill out the forms.

Filing

  • Your attorney will file your papers at the court house and submit a filing fee at the same time. 

Joint Petition

  • The fastest and least expensive way to make your spouse a party to the case is for him or her to sign a joint petition.
  • Once your spouse signs and the petition filed, the 90-day waiting period begins.
    • Steps that have been taken:
      • You sign the petition
      • Your spouse signs the petition
      • The petition is filed with the court
    • If your spouse signs the petition, you do not need to prepare a summons.
    • If your spouse does not sign the petition, a summons must be prepared:

Summons

  • Summons is prepared if spouse does not sign joint petition for whatever reason.
  • In this case, the summons is attached to the petition and then served on your spouse.
  • The 90-day waiting period starts after:
    • You and the attorney sign the petition and the summons
    • The summons and petition are filed in the court file
    • A copy of the summons and petition are served on your spouse

Serving the Summons and Petition
There are 3 ways to serve the summons and petition on your spouse:

  1. Use a process server.  This is called personal service.
  2. Mail the summons and petition by certified mail.
    • A judge must first sign an order giving permission to use certified mail
  1. Publish the summons in a newspaper
    • You must first show the court that you have searched for your spouse.

Temporary Orders
In a contested divorce, there are times when it could take months or even years to go to trial.

  • You can get a temporary order to cover certain issues until the trial can be held.  This provides for:
    • temporary custody of children
    • child support
    • protection from harassment
    • preservation of assets
  • You must file additional papers with the court and request a hearing be held in front of the judge.

Trial

  • Your attorney will present your case, showing all evidence.
  • Your spouse's attorney will do the same.
  • The judge decides how the issues will be resolved.
  • Both attorneys prepare the final papers on the mandatory forms.
    • The judge will sign
    • The divorce is final

Child Custody – The Parenting Plan
When children are involved, child custody is one of the most important, if not the most important issue, in a divorce.  In Washington, custody does not mean “exclusive custody”.

  • The custodial parent is the parent where the children live most of the time.
  • The non-custodial keeps his or her rights, which includes visitation and decision making.
  • You will have to prepare and file a proposed parenting plan on the mandatory forms.
    • This will state who you want the children to live with and when they should visit the other parent.
    • This will also have to be attached to the joint petition and summons if your spouse hasn’t signed the joint petition

Child Support
Child support is a very important part of Washington State family law.  Before a decree of dissolution will be issued, child support must be determined and agreed upon by both parties.

Washington Department of Child Support makes sure the child’s best interests are taken care of, includes providing for all expenses, not just daily needs.

Property Division
Washington is a Community Property state.  Community property includes all property and debts acquired during the marriage.  The court will divide the property in a fair and equitable manner. The court does not consider marital conduct when dividing your property.  Washington is a “no-fault” state.

Separate Property
This is property that you brought into the marriage.  It can involve an inheritance or gift that was given to you prior to the marriage.

The court considers:

  • How much property you have
  • The extent of the separate property
  • How long your marriage lasted
  • You economic circumstances – where will the children live

In some instances when the divorce is agreeable, you and your spouse might be able to reach a Separation Contract or Property Settlement Agreement without Court intervention.  This can save you a sufficient amount of money and the stress of having the judge reach an agreement for you and your spouse.

Spousal Maintenance - Alimony
Financial support paid from one spouse to the other spouse.  The court takes into consideration:

  • the need of one spouse to receive assistance from the other spouse
    • separate or community property received
    • ability to meet needs by self
    • time to find employment
    • standard of living during marriage
    • how long marriage lasted
    • age, emotional stability
    • must report as income on income tax return
  • the ability of the other spouse to pay financial support
    • tax deductible

Conclusion
Divorce is very devastating to all involved, especially if there are children involved.  The Divorce Law Offices of “Insert Attorney Name” are here to make sure your rights and those of your children are protected.  Our attorneys are compassionate and understanding; we will guide you through this most difficult time of your life.

 

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