Uncontested Divorce in Washington State
The idea that a divorce can be quick and painless is utterly misleading. The dissolution of a marriage contract is a complicated legal process – in addition to the fact that it comes with undeniable emotional upheaval. While all of this is true, there is a less complicated path forward, and that is an uncontested divorce in which you and your divorcing spouse settle your differences in relation to your divorce terms between yourselves (with the dedicated legal guidance of your respective divorce attorneys). If you and your soon-to-be ex are both committed to obtaining an uncontested divorce in Washington State, it is accessible, and an experienced Washington State divorce attorney can help.
How Long Does an Uncontested Divorce Take in Washington State?
Technically, there is a 90-day waiting period after you file the Petition for Dissolution of Marriage (which is either signed by both of you or signed by one of you and served to the other). This, too – however – can be misleading. If you and your divorcing spouse are on the same page regarding each of your divorce terms, 90 days may be all that you need to finalize your uncontested divorce. This scenario, however, is fairly rare. Consider the following potential complications:
- If you have high assets, own a business, or have generally complicated assets (with tangled marital and separate property), it is a complicating factor that can take considerably longer to resolve.
- If you and your soon-to-be ex have considerable distance between you on the matter of child custody and parenting time, it’s a challenging issue that is generally associated with requiring lengthier negotiations.
- If you and your divorcing spouse are at odds on the issue of alimony, you can expect resolving the matter to require considerable time.
The surest way to get an accurate feel for how long your uncontested divorce is going to take is to assess how committed you both are to the process and how far apart you are on the divorce terms that apply.
How to File an Uncontested Divorce in Washington State
Filing for your uncontested divorce involves first ensuring that you meet the state’s residency requirements for divorce filings in the first place. In order to prove residency in Washington State, at least one of the following must apply:
- The spouse who is filing for divorce currently resides in the State of Washington.
- If either spouse is a member of the armed forces, he or she is stationed in Washington.
- The spouse who is filing for divorce is married to a resident of the state.
Additionally, if you are filing for an uncontested divorce from the outset, you and your divorcing spouse must be in agreement regarding all the relevant terms before you file. It is important to point out, however, that you can file for divorce before you have resolved your divorce terms and still obtain an uncontested divorce. Ultimately, an uncontested divorce simply means that you did not require the court’s intervention in the process of resolving your divorce terms, and toward this end you have options that include:
- Resolving each divorce term between yourselves while looking to your respective divorce attorneys for professional legal guidance (to help ensure that your parental and financial rights are well protected).
- Allowing your respective divorce attorneys to negotiate on behalf of each of you, which allows you to bypass some of the emotional landmines and focus on the difficult task at hand.
- Turning to an alternative dispute resolution (ADR) option, such as mediation, which involves a professional mediator – who is also a neutral third-party – helping you explore your options and find middle ground.
If you have achieved a divorce settlement agreement, however, you are ready to file your Petition for Dissolution of Marriage, provide your divorce settlement agreement to the judge in your case, wait the requisite 90 days, and move forward into your post-divorce future. The judge will incorporate the terms spelled out in your agreement into your final divorce decree.
Steps for an Uncontested Divorce in Washington State
The steps for filing an uncontested divorce in Washington State depend upon where you are in the divorce process. If you do have a divorce settlement agreement that memorializes your divorce terms, you are ready to file for your uncontested divorce and wait the mandatory 90 days (you have already done the hard work required). If you have divorce terms, however, that remain unresolved, you can wait to file your petition until you have negotiated mutually acceptable terms, but this is not necessary – and will delay the process. You have the option of filing for divorce (not an uncontested divorce) and negotiating the terms that remain during the 90-day waiting period. If the negotiation process goes long, that’s ok – you used the 90 days to move you forward in the divorce process – and can take all the time you need.
The Cost of an Uncontested Divorce
Your divorce will be unique to you and your marriage, and it will follow its own unique course, which makes it impossible to provide an accurate accounting of how much your uncontested divorce is likely to cost. A point that can be made, however, is that an uncontested divorce is almost certainly going to be less expensive than a contested divorce. If you and your divorcing spouse are committed to negotiating your divorce terms and follow through with this commitment, your respective divorce attorneys will not have to prepare for court, and you can count on keeping your legal expenses lower. In fact, the more terms you are able to resolve on your own, the less legal guidance you’ll require. It is, however, always in your best interest to work with an experienced Washington State divorce attorney in order to help ensure that your parental and financial rights are well protected throughout the divorce process.
Turn to a Dedicated Yakima Divorce Attorney for the Legal Guidance You Need
If you are facing a divorce, the trusted divorce attorneys at Dobbs & Young in Yakima, Washington, have the experience, resources, and legal insight to help you achieve a divorce settlement agreement that protects your rights and works for you and your children. Your case is important, so please don’t hesitate to contact or call us at 509-577-9177 today.