At a time when your life can feel like it is in chaos, sometimes even the smallest bit of predictability can bring a sense of comfort. The outcome of many aspects of your divorce may be unknown, but quality advice and guidance can provide much needed clarity. 

While initially intimidating, there is one part of your divorce that does have some measure of predictability, and that is the divorce process itself. Most divorces proceed in a step-by-step manner. Despite the uniqueness of your divorce, you can generally count on one phase of your divorce following the next. Sometimes simply realizing you are completing stages and moving forward with your divorce can reassure you it will not go on forever.

Develop a basic understanding of the divorce process. This will lower your anxiety when your attorney starts talking about “depositions” or “going to trial.” It can reduce your frustration about the length of the process because you understand why each step is needed. It will allow you to begin preparing for what comes next.

Most importantly, understanding the Washington divorce process will make your journey easier.

Who wouldn’t prefer that?

The divorce process in Washington typically involves the following steps:

1. Obtain a referral for an attorney.
2. Schedule an appointment with an attorney.
3. Prepare questions and gather needed documents for initial consultation.
4. Meet for initial consultation with attorney.
5. Pay retainer to attorney and sign retainer agreement.
6. Provide requested information and documents to your attorney.
7. Take other actions as advised by attorney, such as opening or closing financial accounts.
8. Attorney prepares petition for dissolution (divorce) and supporting documents for your review and signature.
9. Attorney files petition for dissolution with clerk of the court. Attorney obtains ex parte restraining orders if appropriate. Attorney obtains hearing date for temporary matters.
10. Mandatory 90-day waiting period begins when other spouse is served or signs an acceptance of service.
11. Negotiations begin regarding terms of temporary order on matters such as custody, support, and temporary possession of the family home. Attorneys prepare declarations, financial affidavits and child support worksheets for temporary hearing.
12. Temporary hearing held OR Parties reach agreement on temporary order.
13. Temporary order is prepared by one attorney, approved as to form by other attorney, and submitted to the judge for signature.
14. If there are minor children, parties must attend a parent education class, develop a parenting plan, or participate in mediation as required by their particular county.
15. Both sides conduct discovery to obtain information regarding all relevant facts. If needed, obtain valuations of all assets, including expert opinions.
16. Ask your attorney for a litigation budget to help you anticipate and prepare for the overall cost of litigation.
17. Confer with attorney to review facts, identify issues, assess strengths and weaknesses of case, review strategy, and develop proposal for settlement.
18. Spouses, guided by their attorneys, attempt to reach agreement through written proposals, mediation, settlement conferences, or other negotiation.
19. Parties reach agreement on all issues.
20. Attorney prepares decree of dissolution and required supporting court orders for approval by spouses and attorneys OR certificate of readiness for trial is filed with court asking that a trial date is set or a trial date is set by the court pursuant to a case scheduling order.
21. Pay trial retainer to fund the work needed to prepare for trial and services for the day or days of trial.
22. Parties prepare for trial on unresolved issues OR trial preparations proceed and include the preparation of witnesses, trial exhibits, legal research on contested issues, pretrial motions, trial brief, preparation of direct and cross examination of witnesses, preparation of opening statement, subpoena of witnesses, and closing argument to the court.
23. Meet with attorney for final trial preparation.
24. Trial
25. Judge makes decision.
26. Attorney prepares decree.
27. Other attorney approves it as to form.
28. Decree submitted to judge for signature.
29. Judge signs decree of dissolution. Make payments and sign documents (deeds or titles) pursuant to decree.
30. Documents required to divide retirement accounts and ensure the payment of child support submitted to the court.
31. Pay any remaining balance due on attorney’s fees or receive refund.

Common Mistakes to Avoid During the Washington Divorce Process

Navigating a divorce in Washington State can be a challenging and emotional experience. Mistakes made during this time can lead to unnecessary stress, delays, or unfavorable outcomes. By identifying common pitfalls ahead of time, you can help protect your interests and avoid complications in your divorce case. Below are key mistakes to watch out for during the divorce process and tips on how to steer clear of them.

1. Overlooking Washington State’s Community Property Laws

Washington is a community property state, meaning that marital property—including assets like the family home, bank accounts, and other jointly-owned items—is typically divided equally during a divorce. A frequent mistake is assuming that property in one spouse’s name, or personal possessions, will remain theirs. Unless an asset is classified as separate property due to being owned before the marriage, it could be subject to property division. Understanding how marital assets are divided under Washington law is crucial for a fair resolution.

2. Ignoring the Importance of Temporary Orders

Temporary orders, such as a temporary parenting plan or a temporary family law order, can significantly impact your life during the divorce. These orders address core issues like child custody, financial support, and temporary use of marital property. Many individuals fail to take these orders seriously or neglect to consult with their attorney to ensure the terms are appropriate. Taking time to establish fair and reasonable temporary orders can influence the court’s final decisions.

3. Failing to Provide Complete Financial Disclosures

The divorce process requires full transparency when it comes to finances. Hiding assets such as undisclosed bank accounts or failing to account for debts can hurt your credibility and lead to penalties. The court uses financial disclosures to determine property division, spousal support, and child support. Supplying all required legal documents promptly ensures the court has an accurate financial snapshot. Work closely with your attorney to provide thorough and complete information.

4. Procrastinating on Custody Discussions

Developing an effective parenting plan is a vital step when children are involved. Avoiding these discussions or failing to cooperate with the other party can create unnecessary conflicts. Washington courts prioritize the child’s well-being when deciding on child custody arrangements, emphasizing stability and continuity. A clear and cooperative approach to custody decisions can make the process smoother and less contentious.

5. Missing Key Deadlines or Filing Errors

The divorce process in Washington requires strict adherence to filing fees, deadlines, and forms. Failing to submit forms like the vital statistics form or the confidential information form on time can delay proceedings. Furthermore, missing the filing deadline for necessary court papers could disrupt your case schedule. Proper organization and attention to legal paperwork are essential to maintaining the timeline of your case.

6. Ignoring Alternative Dispute Resolution

Many assume that a contested divorce must end in litigation, but alternative dispute resolution methods like mediation or collaborative agreements are worth exploring. These approaches can save time and money while reducing the emotional toll. Although some situations necessitate a trial—particularly if one spouse contests major issues—seeking amicable resolutions through negotiation can often lead to better outcomes for both parties.

7. Mismanaging Restraining or Protection Orders

During high-conflict divorces, obtaining a restraining order or immediate restraining order may be necessary. However, failing to file for such protection when needed, or disregarding the terms of an order issued against you, can have serious legal consequences. These orders often address issues like occupancy of the family home and access to financial accounts. Understanding their importance is critical to ensuring your safety and protecting your rights.

8. Underestimating Attorney’s Fees and Costs

Many individuals are surprised by the costs associated with a divorce, particularly when it involves litigation. From paying filing fees and court clerk charges to preparing for a trial or creating a qualified domestic relations order for dividing retirement accounts, these expenses can add up. Working with your attorney to create a clear budget for attorney’s fees and related costs will help keep you financially prepared.

9. Overlooking Special Circumstances in Military Divorces

Divorces involving a military spouse or a spouse in the armed forces come with unique considerations. For instance, the court must address specific factors like residency requirements or the division of military benefits. Failing to account for these complexities can result in unnecessary complications. Consulting a divorce attorney who has experience with military divorces is highly recommended in these cases.

10. Signing a Settlement Agreement Without Proper Review

A rush to finalize a settlement agreement can lead to unexpected issues. For example, a settlement may outline financial support or property division terms that do not fully reflect your needs or contributions. Once the judge signs the final orders, reversing decisions is difficult. Always review settlement agreements with an attorney to ensure the terms meet your long-term goals and address relevant factors.

11. Neglecting Post-Divorce Responsibilities

After the court decides and the divorce is finalized, important tasks remain. These include transferring titles to personal property, ensuring qualified domestic relations orders are processed for retirement accounts, and updating insurance policies. Neglecting these final details can create lingering legal and financial disputes.

Avoiding these mistakes can help you move through the Washington divorce process more effectively. Whether you’re navigating an uncontested divorce or one where the other party strongly disagrees, the guidance of a skilled divorce attorney can make all the difference. With the right preparation, you can focus on creating a stable and secure future.

Checklist for Preparing for Divorce in Washington State

Preparing for divorce can feel overwhelming. To stay organized and focused, use the following checklist to ensure you’re ready to move forward with the Washington divorce process.

1. Organize Your Legal and Financial Documents

• Gather your marriage certificate and any domestic partnership paperwork.
• Locate insurance policies, including health, life, and home insurance.
• Collect records for bank accounts, investments, and pensions.
• List marital property, separate property, and personal property owned by you or your spouse.
• Obtain recent statements for shared debts, such as mortgages or loans.
• Collect documentation related to property division agreements, deeds, and titles.
• Retrieve tax returns for at least the last three years.

2. Understand Washington Requirements

• Confirm residency rules to ensure your spouse resides in Washington State if applicable.
• Prepare legal documents needed for filing, such as divorce petitions or separation paperwork.
• Review local jurisdiction guidelines for filing in superior courts like King County or Lincoln County.
• Familiarize yourself with court forms such as the vital statistics form and ensure confidential information is secure.

3. Hire a Qualified Divorce Attorney

• Research and meet with a divorce attorney experienced in Washington divorce laws.
• Bring questions about child custody, child support, and temporary orders to your consultation.
• Discuss whether legal separation or filing for divorce is the right decision for your case.

4. Address Temporary Orders Early

• Work with your attorney to file for a temporary family law order if necessary.
• Prepare a temporary parenting plan for child visitation and custody during the divorce process.
• Discuss restraining orders or immediate restraining orders to address safety concerns or protect marital property.

5. Plan for Child Custody and Support

• Enroll in the required parenting class to meet Washington court guidelines.
• Draft a detailed parenting plan that accounts for schedules, decision-making, and co-parenting responsibilities.
• Gather financial records to determine appropriate child support contributions.

6. Separate and Protect Assets

• Open a personal bank account to ensure finances are separated during the divorce.
• Evaluate your financial contributions and your spouse’s ability to provide spousal maintenance if needed.
• Begin documenting all financial transactions and changes to marital assets.

7. Prepare for Court Proceedings

• Budget for filing fees, attorney’s fees, and other expected court costs.
• File your petition with the court clerk and initiate the waiting period, which begins once the other spouse is served divorce papers.
• Follow the case schedule for filing all necessary documents by their deadlines.
• If disputes arise, prepare for a potential trial by staying informed of your trial date and requirements.

8. Take Care of Practical Next Steps

• Make alternate housing arrangements if you or your spouse lives in the family home.
• Prepare for childcare needs and maintain a stable routine for your children.
• Document all communication with your spouse, especially if the spouse disagrees on key issues.

Completing these steps will position you for a smoother divorce process in Washington State. Consulting an experienced attorney will eliminate uncertainties and provide tailored support as you move forward.

We Can Help

If you have any questions about divorce in Washington, contact our family law attorneys at Crouse Erickson today.