Best Divorce Lawyers Seattle, WA Of 2024 – Forbes Advisor – Technologist

Filing for divorce in Seattle is very easy. Washington has some of the least stringent divorce requirements in the country. However, that doesn’t mean that you should file for divorce without a Seattle divorce lawyer representing you.

The process of allocating marital assets and creating a parenting plan is quite complicated, and it can be costly if you and your ex-spouse don’t agree.

Washington Divorce Requirements

To file for divorce in Washington, one spouse must live in the state, but they do not have to have lived there for a certain period of time.

Also, Washington grants no-fault divorces only. Either spouse just needs to claim that the marriage is irretrievably broken.

Types of Divorce and Separation in Washington

There is only one reason for divorce in Washington: irreconcilable differences. This means all divorces in the state are no-fault. However, couples can get legally separated instead of getting divorced, and there are also a few different types of no-fault divorce.

• Separation. Legal separation is identical to divorce regarding separation of assets, custody and support issues. However, the couple remains legally married.
• Default divorce. When someone petitions for divorce, their spouse must respond in 20 days (or 60 if they live in another state) if they were personally served or 90 days if service was by mail. If the spouse fails to respond, the court will grant a default divorce, which proceeds without the respondent’s input.
• Uncontested divorce. This occurs when both parties agree on all terms of the divorce. The court typically accepts the division of assets and parental responsibilities the parties agreed to if they are reasonable.
• Contested divorce. When parties disagree, the court will decide on issues like parenting plans, asset distribution and support.

Child Custody, Support and Visitation in Washington

When a divorcing couple has minor children, the court must approve a parenting plan before the divorce is finalized. The plan determines where the children will live, how the parents will share time with them and how much child support the noncustodial parent must pay to the custodial parent.

Judges consider the children’s best interests when creating a parenting plan or approving one that both parents have agreed on. Furthermore, while Washington is a no-fault divorce state, documented domestic abuse or drug abuse is taken into account by judges when determining a parenting plan.

Property Division in Washington

Washington is a community property state. This means that most assets obtained during the marriage belong jointly to both spouses.

However, gifts and inheritances received by each spouse during the marriage may count as separate assets. Furthermore, an asset that one spouse owned before the marriage and continued to keep separate during the marriage remains that spouse’s separate property.

Finally, the court might assign spousal support (called maintenance) to one party after considering factors such as:

• the standard of living during the marriage
• the length of the marriage
• the financial resources of the spouse seeking support
• the time needed for a spouse to become self-supporting
• the age, health and financial obligations of the spouses

Filing and Serving Your Divorce Papers

To begin the divorce process, the petitioner fills out Washington divorce forms and files them with their local court. After this step, they must serve their spouse with divorce papers.

The spouse has either 20 days to respond if they personally served or 90 days if service is by mail.

Finalizing Your Divorce

A divorce can’t be finalized in Washington until 90 days after the petition is filed with the court. The spouses must wait this period of time even if they agree on custody, asset division and other terms. Once 90 days have passed, the judge can grant the divorce.

This 90-day deadline also applies to default divorces. However, the other party can petition the court to contest the divorce even after the default divorce has been granted. To succeed in their petition, they must show a legitimate reason for failing to respond.