How Does the Divorce Process Work?

Getting a divorce in Washington is a big process. You have to decide how to split everything you own, decide about any children, and then wait to see how the court makes a final decision. Washington has a no-fault system, so neither party has to accuse the other of anything or raise any issues. 

“But the process still involves quite some intricate steps. Each step of the way has its own forms and requirements, and if one is not careful, the process could become complicated in no time,” says Washington family lawyer David Lutz, founder of Lutz & Associates, P.S.

This guide breaks down the process step by step and helps you understand what to expect and what is at stake at each step.

 

Filing the Petition 

The Washington divorce process starts when one party files a Petition for Dissolution of Marriage in the Superior Court of the county where one spouse resides. There is no requirement that the couple live separately first, although that often happens.

Washington is a no-fault divorce state, which means that one spouse can simply state that the marriage is “irretrievably broken.” Once the petition for divorce is filed, the 90-day waiting period begins. That is when the clock starts ticking, and the two sides begin discussing matters such as the division of the couple’s belongings and custody.

Serving the Divorce Papers

After filing, you have to ensure that your spouse, the respondent, receives the divorce papers. There are several ways to ensure that the divorce papers reach your spouse. You can hire a process server, the county sheriff, or any other grown-up who is not a party to the divorce.

After filing, the waiting begins. If your spouse receives the divorce papers in Washington, they have 20 days to respond. If they receive the divorce papers outside Washington, they have 60 days to respond. If they fail to respond, you can speed up the divorce proceedings. Proper service of divorce papers ensures that the proceedings proceed without delay.

Temporary Orders and Initial Disclosures

After filing for divorce, either party can request temporary orders from the court. Think of these as quick fixes for urgent things like deciding who stays with the kids, who keeps living in the house, and who covers which bills. The court steps in to prevent chaos while everyone is still figuring things out.

At the same time, both sides have to lay their financial cards on the table. That means sharing exactly what they earn, what they own, any debts they are carrying, and what they actually spend. It is not just paperwork; it is the foundation for ensuring everyone is playing fair. Sorting through the details up front is the only way to set up honest, workable decisions down the road.

Negotiation, Settlement, and Final Judgment

Most couples in Washington resolve their disputes through settlement conferences or mediation, which the courts actively promote. If they can come to an agreement, they draw up a Settlement Agreement, both sign it, and file it with the court.

If the negotiations do not work out, the case is headed for trial. Before the trial, each side exchanges documents, such as income, property, and debts, so that all the cards are on the table. Lawyers may also take depositions to make sure each side is being honest about the details.

Each side presents its evidence and witnesses at the trial. The judge hears everything and makes the final decision once the 90-day window has elapsed. As soon as the judge signs the Decree of Dissolution, the marriage is over.

The Role of Legal Counsel

You should consider hiring a family lawyer if you are getting a divorce. This is because divorce is not just about filling out forms; your lawyer will keep you on schedule and make sure your rights are protected throughout the process. 

Look for a lawyer who really understands family law, who will give you the truth, and who understands the way things really work in your area. This is because if your lawyer really understands the way things work in your area, it could make all the difference in the world.