Divorce: A How to Guide

Divorce in Washington:

Introduction to Divorce/What Factors Are Needed for Divorce

If you’re considering divorce in King, Pierce, or Thurston County, Washington, understanding the key parts is crucial. Divorce operates under a “no-fault” system, meaning you’re not required to prove your spouse was at fault. The key requirement is to demonstrate irreconcilable differences, indicating that you and your spouse no longer get along. Affairs, bad parenting, verbal abuse, and other issues will not affect what assets you and your spouse receive. They could; however, affect a parenting plan in some cases.

You can file for divorce in Washington if any of the following conditions apply: (1) You reside in Washington; (2) Your spouse resides in Washington; (3) You are serving in the military and stationed in Washington; (4) Your military spouse will be stationed in Washington for a minimum of 90 days after you file and serve the divorce papers. Washington must also have personal jurisdiction over your spouse to issue certain orders. For Washington to have personal jurisdiction, several conditions must be met: (1) your spouse resides in Washington, (2) lived in Washington at any time during your marriage, one of your children was conceived in Washington, or (3) you currently reside or are stationed in the armed forces in Washington.

Starting the Divorce Process

To start the process, one party files a divorce petition, indicating their desire to end the marriage. This petition, along with supporting documents, is submitted to the court and served upon the other spouse, known as the respondent, informing them of the case. Typically, the respondent has approximately 20 days to reply by submitting a Response to Petition for Divorce, a fairly easy form to film out. Failure to respond within the specified timeframe can result in a default judgment, wherein the respondent forfeits the opportunity to participate in the proceedings. However, most courts will not default a respondent for several months and not just the 20 days.

The Respondent can also join the petition if they are in agreement with the petition. A joint petition for divorce is when both people who want a divorce do it together instead of separately. The respondent signs a joinder at the bottom of the petition and this way, they save time because they work out everything together before going to court. But here’s the catch: they have to agree on everything about the divorce before they even start the process. The respondent can also sign off on a joinder after the petition has been filed but they have to also sign an acceptance of service.

The 90-Day Waiting Period

After filing and serving the petition, a 90-day clock will start. If a response and documents showing proper service are filed during that 90 day window, agreed final orders between you and your spouse can be entered on the 91st day. However, if agreement isn’t reached, the divorce process can extend beyond 91 days, potentially leading to a trial.
In Pierce County, the Superior Family Law Courts will set a trial at your trial confirmation hearing. If a response and a document showing proper service have both been filed, then typically neither party needs to attend the trial confirmation hearing and the Court will automatically set a trial months in advance depending on the Court’s schedule. You should also note that if you have children then both parties will need to take a short Parenting Seminar and file the certificate of completion with the court. The seminars discuss coparenting once you have a parenting plan and the approved list for 2024 can be found at the following website: https://www.piercecountywa.gov/DocumentCenter/View/3221/Approved-Parenting-Seminar-Providers-?bidId=

Temporary Orders

Consider seeking Temporary Family Law Orders if you need swift action from the Pierce County Family Law Court. These orders can be put in place quickly and remain effective until the trial or conclusion of your case. For instance, if you require a parenting plan before trial outlining custody arrangements and visitation schedules, or if you need an order to prevent your spouse from emptying bank accounts or selling assets before trial, Temporary Family Law Orders can address these concerns promptly.

Temporary orders may cover various issues, such as:

1. Establishing a temporary parenting plan dictating where the children will reside until the divorce is finalized. Without such an order, both parents typically have equal custody rights. If your spouse is withholding visitation, a parenting plan can grant you visitation rights.
2. Issuing orders for temporary child support, alimony (maintenance), attorney fees, or temporary use of property like the house and car.
3. Implementing restraining orders to prevent one spouse from harassing or approaching the other.
4. Imposing restraining orders to prevent a spouse from relocating the children out of state or disposing of assets, obtaining loans in both names, or altering insurance policies.
5. Appointing a guardian ad litem (GAL) or parenting evaluator to assist in resolving parenting disputes. GALs will interview both parties as well as your children and other relevant witnesses who have seen you and the other party parent. They are either attorneys, psychologists, or both.
6. Granting exclusive residence rights to one spouse or barring the other from living in the marital home.
7. Establishing who is paying for insurances while the divorce case is pending.

Negotiations/Preparation for Trial/Middle Ground in Divorce

The duration of finalization of your case can vary depending on its complexity. Cases involving issues like domestic violence, child abuse, substance abuse, or intricate property matters may prolong the process significantly. Negotiating an agreement is best as trials can be complex, often requiring legal representation. However, sometimes the other party is not giving you a fair deal and it is best to go to trial for you to receive what you are due. Paying to have a good attorney at trial is almost always worth the cost.

After temporary orders, parties do one of a few things: (A) send out discovery requests; (B) try to settle the case themselves; (C) hire a mediator; or (D) hire an arbitrator.

(A) Discovery requests are ways to obtain information and evidence from the other side before settlement or trial. Discovery requests come in two forms: interrogatories and requests for production. An interrogatory is a written set of questions that one party in a legal case sends to the other party for him/her to answer. A request for production is a request asking the other side to hand over any documents, emails, or even display physical objects (inspection of a home, vehicle, or other objects) that might be important for the case. In order to force the other side to respond to interrogatories or requests for production, a party serves them the written requests and the other side has 30 days to respond. If they do not respond, you can file a motion to compel; however, it is best to email or call the other side first asking for the materials before filing a motion to compel.

(B) Settling a divorce case between two parties involves reaching agreements on key issues without going to trial. Here are the general steps:

1. Negotiation: Both parties discuss their concerns and preferences, either directly or through their lawyers.
2. Identify Key Issues: Determine which aspects of the divorce need resolution, such as child custody, division of assets, spousal maintenance, and child support.
3. Compromise: Both parties may need to compromise on certain issues to reach a fair agreement.
4. Drafting Settlement Agreement: Once agreements are reached, a formal settlement agreement known as a CR2A can be drafted. It is essentially a contract between the parties stating what the agreement is. Most often it is binding; however, there are certain instances where a Court will not find it binding and so, at times, it is best to skip this section and draft final orders instead.
5. Drafting Final Orders: You will want to list all agreements reached between you and your spouse on key issues such as child custody, visitation schedules, division of assets and debts, alimony (spousal maintenance), child support, and any other relevant matters. These orders will include a divorce decree, findings and conclusions, final parenting plan, final child support order, and/or others.
6. Court Approval: Final orders are submitted to the court for approval. If the judge finds the orders fair and in the best interest of any children involved, they will approve it.
7. Finalizing the Divorce: Once final orders are approved, the divorce is finalized, and the terms of the orders become legally binding. It is very difficult to have the orders changed.

(C) Mediation: A mediator is an independent attorney hired by the parties. Once hired, it is important to send a proposal with documented evidence to the mediator several days before the scheduled mediation. The role of the mediator is typically to meet and hear from both sides privately. The mediator goes back and forth between the parties listening to the parties explain their positions, concerns, and goals. A discussion follows, facilitated by the mediator, where parties share their perspectives and engage in negotiation. Throughout the session, the mediator helps identify areas of agreement, facilitates negotiation, and assists in problem-solving. If agreements are reached, the mediator may help draft these agreements into a legally binding document known as a CR2A agreement. Finally, the session concludes with a review of any agreements, discussion of next steps, and closure. Overall, mediation provides a structured and collaborative environment for parties to communicate, negotiate, and potentially resolve their differences with the assistance of a neutral mediator.

The role of a mediator in a divorce is to facilitate communication and negotiation between the divorcing parties to help them reach agreements on key issues without going to trial. Here’s a breakdown of the mediator’s role:

1. Neutral Facilitator: The mediator acts as a neutral third party who does not take sides or make decisions for the parties. Instead, they help guide the discussion and maintain a constructive atmosphere for negotiation.
2. Communication Facilitator: The mediator assists the parties in expressing their concerns, needs, and preferences in a respectful and productive manner. They help ensure that both parties have the opportunity to be heard and understood.
3. Problem-Solver: The mediator helps identify areas of disagreement and explore potential solutions. They may offer suggestions or propose creative options to help the parties find common ground and reach compromises.
4. Information Provider: The mediator may provide information about legal rights, options, and the potential consequences of various decisions. This helps ensure that both parties have a clear understanding of the issues at hand and can make informed decisions. It is important to hire a mediator with years of experience in family law and intricate knowledge of Pierce County trial courts. Universal Legal does not provide mediation services but can recommend you mediators for family law issues in Pierce County.
5. Drafting Agreements: If the parties reach agreements on certain issues during mediation, the mediator may assist in drafting the terms of these agreements in a legally binding document called a CR2A Agreement.
6. Supportive Environment: The mediator creates a safe and supportive environment where the parties can openly discuss sensitive issues and work towards resolution without fear of judgment or hostility.
7. Manage Process: The mediator manages the mediation process, including scheduling sessions, setting agendas, and ensuring that discussions remain focused and productive.
8. Empowerment: The mediator empowers the parties to take ownership of the decisions that affect their lives and futures. They encourage self-determination and autonomy in the negotiation process.

Overall, the mediator’s role is to facilitate a constructive and collaborative dialogue between the parties, guiding them towards mutually acceptable solutions that address their needs and interests.

(D) Arbitration: An arbitrator in a divorce case serves as a neutral third party tasked with resolving disputes between the divorcing parties outside of court. Unlike mediation, where the mediator facilitates discussion and negotiation, an arbitrator has the authority to make binding decisions on contested issues. The process typically begins with both parties agreeing to arbitration and selecting an arbitrator, who may be a retired judge or a legal expert with expertise in family law. The arbitrator views the evidence presented, listens to both sides, and based on the evidence and applicable law, the arbitrator renders a decision on the unresolved issues, such as child custody, division of assets, and spousal support. This decision is legally binding and enforceable, akin to a court judgment. Arbitration offers a more streamlined and private alternative to traditional litigation, allowing parties to avoid the formalities and delays of the court system while still obtaining a resolution to their disputes.

In a divorce trial, both parties present their cases before a judge who will make decisions on unresolved issues. The trial typically begins with opening statements from each party’s attorney, outlining their arguments and key points. Evidence is then presented, which may include witness testimony, documents, and other exhibits relevant to the case. Both parties have the opportunity to cross-examine witnesses and challenge the evidence presented by the other side. Throughout the trial, the judge may ask questions and clarify any issues raised. Once all evidence has been presented and arguments made, closing statements are delivered summarizing each party’s position. The judge then deliberates and issues a final judgment most often several weeks after trial has concluded. In the judge’s final decision, s/he will address matters such as division of assets and debts, child custody and visitation, child support, spousal support, and any other relevant issues. The judgment issued by the court is legally binding and typically marks the conclusion of the divorce proceedings, though parties may have the right to appeal the decision under certain circumstances.