Divorce Litigation: When is it Necessary and How Does it Work?

The prospect of divorce can be daunting and even intimidating, especially in the face of the seemingly endless tasks and decisions that must be made before you can walk away from your marriage and into your life’s next chapter. As if the logistical aspects of the divorce process were not overwhelming enough, you’re most likely coping with heavy emotions as you face the ending of your relationship. Even if you and your spouse have arrived at the mutual decision to go your separate ways, it’s natural to experience feelings of grief and loss at the conclusion of this partnership. Many separating couples are able to obtain a divorce through informal negotiations or a form of alternative dispute resolution (ADR), such as mediation or arbitration. These options encourage the parties to work together to set the terms of their legal separation in a controlled and supportive environment. However, these options do not work for every divorce. In particularly heated or contentious divorces, litigation may emerge as the only path forward. Often viewed as a last resort option, divorce litigation still provides a way for divorcing couples to move forward from a contentious marriage and into brighter, independent futures. Whatever shape your divorce journey takes, consider enlisting the guidance and support of an experienced and caring Seattle divorce attorney to help you articulate and achieve your goals. Let’s take a look at the various divorce options in Washington State, paying special attention to divorce litigation, and its role in helping divorcing couples go their separate ways.

Several Paths to Divorce in Washington State

Just as no two marriages are the same, every divorce is slightly different. Over the years, states like Washington have worked to provide several options for couples to dissolve their marriages. As a no-fault divorce state, Washington allows either spouse to initiate the divorce process without citing a specific reason for doing so. The spouse seeking a divorce must only state that they are dissolving the marriage because of “irreconcilable differences” and nothing more. Several decades ago, many states required the spouse seeking a divorce to provide evidence of the other spouse’s behavior that eroded the relationship, such as infidelity or abandonment. However, these barriers have since been removed to make it easier for either spouse to request a divorce at any time. The process begins when one spouse completes and files a petition for dissolution with the court. From there, the couple has a few options for how the process unfolds. Regardless of your unique circumstances, consider working with a trusted and compassionate Seattle divorce lawyer who will support and empower you at every step of the process.

Uncontested Divorce in Washington State

If you and your partner agree that divorce is your best option, one of you can file the petition, and the other can sign a “joinder” to the petition that essentially says that you will work together to determine the terms of your dissolution. Couples who have not been married for long (usually a year or less) or who have minimal conflict may be able to collaboratively address critical topics like asset division, financial arrangement, and spousal maintenance without the support of a mediator or legal counsel. Once the parties have completed the required paperwork, they can file them with the court and observe the mandatory 91-day waiting period until the court finalizes the divorce. Once the court approves these documents, the marriage is legally dissolved, and the divorce is finalized. Although these conflict-free, uncontested divorces do work for some people, the majority of divorcing couples need a bit more support and structure to work through disagreements that arise during the process.

Divorce Mediation in Washington State

The majority of separating couples encounter some disagreements and arguments at some point during the divorce process. However, just because you and your soon-to-be-ex-spouse aren’t seeing eye to eye does not mean that you need to jump into litigation right away. In fact, some counties (including King County) require divorcing couples to participate in mediation before they can take their case to litigation. It’s important to note that this requirement can be waived in certain situations, such as in cases involving domestic violence. If this is the case, the victim can petition the court to move the matter to litigation because of safety concerns. 

Mediation allows the parties to work with a neutral third party (called the mediator) who helps the couple work toward a mutually agreeable resolution. Unlike a judge, the mediator does not influence or determine the outcome. Instead, their role is to serve as a facilitator who encourages the parties to communicate openly, honestly, and productively with each other. When a disagreement or conflict arises, the mediator will use various tools and communication strategies to help the parties work through their differences and arrive at a workable solution. During mediation, the parties can negotiate and determine various aspects of their divorce, including asset division, spousal and child support, child visitation and custody, parenting plans, and other important issues. Once the parties have arrived at and signed a settlement agreement, the documents will be filed with the court to finalize the matter. Most people who participate in divorce mediation find the process encouraging and even empowering, as they are able to control the direction and outcome of their decisions. Of course, mediation does not work for everyone. If you are unable to reach an agreement through this process, it may be time to explore other options with your trusted and understanding Seattle divorce attorney by your side. 

Pursuing a Contested Divorce in Washington State

Working with a knowledgeable and seasoned Seattle divorce lawyer can be a good idea for anyone going through a divorce, but it’s especially beneficial for those with contentious or strained relationships. If you and your spouse are unable to communicate honestly or productively, your attorney can help you identify a more supportive and appropriate venue to work through your divorce. 

When Litigation Becomes Your Best Option

It’s natural to feel somewhat intimidated by the prospect of appearing in court before a judge to litigate your divorce. The formality of the courtroom can seem daunting, and it can be emotionally draining to face a hostile spouse who is resorting to manipulative tactics in an effort to “win” a favorable judgment. Ultimately, the outcome lies in the hands of the judge, and it’s up to both parties to advocate for their best interests. If litigation is starting to seem like it’s the best way to finalize your divorce, now is the time to discuss your goals and strategy with a dedicated and empathetic Seattle divorce lawyer to prepare for the weeks and months ahead. 

Protecting Survivors of Domestic Violence

Divorce litigation offers solid protections for survivors of domestic violence. If you are trying to leave an abusive spouse, it’s natural to feel concerned about your safety and that of your children. Many abusers escalate their violent or controlling behaviors when they realize their partner is trying to leave them. Fortunately, Washington State offers several legal protections for survivors that prevent and restrain abusers from contacting or harassing the petitioners in any way. Your Seattle divorce attorney can help you identify the type of protective order that best suits your needs and petition the court to put it in place as soon as possible. Once granted, the Order of Protection will prevent your abusive spouse from contacting you as you work to finalize the divorce. In divorce cases where domestic violence is an issue, litigation usually offers the most supportive and safest path forward. 

Preparing a Compelling Argument to Achieve Your Divorce Goals

When a divorce case moves to litigation, both parties will have an opportunity to advocate for their best interests. If the divorce involves children, the court will strive to put their needs first when determining parenting plans, child support agreements, and other matters. You can work with your divorce attorney to prepare compelling evidence in support of your position. For instance, you can point out that you have been your child’s primary caregiver while the other parent worked outside of the home. You can use this information to advocate for primary custody of your child since you have served in this capacity over the years. Your attorney can also help you make the case for a favorable spousal maintenance agreement that allows you to receive financial support as you transition from a two-income household to a single-parent home. No matter what your divorce goals may be, you can trust that your caring and dedicated Seattle divorce attorney will work hard to answer your questions, address your concerns, and support you at every step of the divorce process. Now is the time to get started laying a solid foundation for your life’s next chapter. 

If you are exploring your divorce options in the Seattle area, the dedicated and compassionate legal team at the Hemmat Law Group is ready to help you identify your goals and start to pursue them. Reach out today by calling (206) 682-5200.