Divorce and Separation

1. No Fault Divorce. The first thing to know is that anyone can get a divorce at any time for any reason. Washington is a no-fault divorce state, and the court will not ask why the parties are separating.
2. Division of Assets. Washington is a community property state, which means that property acquired during the marriage is considered joint. If the parties cannot agree how to divide property themselves, the court decides how assets are dispensed in a ‘fair and equitable’ manner. Our experienced Seattle divorce lawyers and family law lawyers can help you navigate these negotiations.
3. Filing for Divorce. Dissolution starts by filing a summons and petition in court. The court assigns a case number and sets deadlines. The timing depends on your circumstances
4. Process Service. In some circumstances, it is necessary to serve the other party with the summons and petition, along with the supporting documents. Depending on how resistant the other party is to service, this can take time. A divorce lawyer is skilled in dealing with these challenges.
5. 90-day Waiting Period. In Washington, there is a mandatory 90-day minimum waiting period before any court can finalize a divorce – even if you and your spouse fully agree on the terms of the separation. Unfortunately, not even a judge can shorten this minimum timeline.
6. Temporary Orders. Sometimes, immediate court intervention is needed before the conclusion of a case. Temporary Orders can provide emergency financial support, grant use of property, install an interim parenting plan, and provide other required relief to the parties. Temporary orders last until the divorce is finalized. A divorce lawyer or legal separation attorney can help you obtain these orders when necessary.
7. Discovery. In a divorce, the parties can request information from each other. This can be used to request financial records, medical records, retirement account information, or anything else that may be useful. This is particularly crucial when a spouse has historically hidden finances from the other.
8. Mediation. If the parties cannot agree on a settlement themselves, a professional mediator may be required before Washingotn will grant a family law trial. Mediation is faster and cheaper than a trial. A skilled divorce lawyer or legal separation attorney can represent your interests during mediation to secure an agreement that works for you.
9. Trial. If all else fails, the parties will put their issues before a Judge to decide. Trials can take a few days or weeks but are always arduous, expensive, and emotionally taxing. Almost all family law matters settle long before they get this far. but a divorce lawyer can ensure your rights are protected throughout the process.

It’s true that individuals can end a marriage on their own, but even with a collaborative effort we highly recommend seeking the assistance of a divorce lawyer or legal separation attorney. Divorces can get complicated in a hurry, and some mistakes are only apparent years after the fact. Mishandling a dissolution could prevent the sale of real estate, impact your ability to parent your children, keep the parties from properly dividing retirement/investment accounts, or prevent heirs from receiving property. Hiring a divorce lawyer or legal separation attorney to oversee the paperwork can save everyone a lot of time and effort later down the line.

Like all states in the union, Washington is a “No-Fault” divorce state. The court will not ask why a relationship is ending, and ultimately if one spouse wants a divorce, they will get one no matter the thoughts of the other party.

Every family is different, and so costs can vary greatly. What might take a few thousands for one might take tens of thousands for another. Be extremely cautious of any law firm that promises you a prediction too confident to be relied on. Consulting with an experienced divorce lawyer or legal separation attorney can help you understand the potential fees based on your specific situation. We offer case evaluations so we can try and give you a realistic roadmap of the journey ahead, so please get in touch.

Fantastic! Our divorce lawyer team is always thrilled to hear when spouses are amicable. You still must wait 90 days to get divorced, but most of the stress (and cost) will be absent from the process. In these circumstances, our role is mostly communicating with the other spouse and drafting a few documents with your assistance. This will be just a fraction of the cost of a hostile dissolution.

Child custody and support is its own animal in parallel to the divorce process. Not all people getting a divorce have kids, and not all people with kids are married, so we put the answers to your child-related questions on our separate child custody and support page. Our team of legal separation attorneys and family law lawyers in Seattle are here to guide you through this process and ensure your children’s best interests are prioritized.

Washington is a community property state. The court decides if property is considered separate or community, but barring a few exceptions, most property acquired during a marriage is considered community and is subject to a “fair and equitable division”. The court has wide discretion to make a decision regarding property each spouse has an interest in. What your separation may look like will depend on your individual circumstances; what is fair for one is unfair for another. A good legal separation attorney or divorce lawyer will ensure that your rights are advocated for fairly.

Many counties will issue a financial restraining order as an automatic part of the separation process. This order will stop both parties from making any financial decisions outside of the normal scope of business. This generally would prevent spouses from doing things like closing credit cards, liquidating accounts, selling real estate, etc. Before that restraining order is served on the other party, however, you have limited recourse to retrieve funds if they are moved before the process starts. So, it is important to move quickly, quietly, and with professional assistance from your legal separation attorney or divorce lawyer if you have concerns.

Depending on the circumstances, you may be able to claim temporary support through a temporary order motion at the start of the dissolution process. The intent is to temporarily ensure one spouse is not left destitute if proceedings take a long time, and they just last while the case is pending. Circumstances vary greatly between couples so please reach out to our legal separation attorneys or divorce lawyers if you want more tailored advice.

Spousal support (alimony) is granted less frequently in Washington State than it used to be. Each spouse is generally expected to account for their own care and financial needs. When the court does order spousal support it is done in quite specific circumstances; For example, if the marriage was extremely long, or if one spouse has been out of the workforce for decades. Even then, spousal support is usually only granted for enough time for the dependent spouse to find a job or go back to school. There are exceptions, so get in touch with our legal separation attorney or divorce lawyer team if you have questions about your individual circumstance.

Thankfully, Washington State courts do not care about the sexual orientation, religion, or ethnicity of the separating parties – the process of divorce is the same for everyone. However, having a legal separation attorney can help ensure any unique considerations are addressed respectfully. The Hemmat Law Group team is proud to work with clients of all backgrounds and walks of life. If you have religious considerations, pronoun preferences, or anything else you would like us to take into account, please alert our onboarding team or speak with your attorney for legal separation We will be happy to assist you further.

Some couples who were never married can claim that they were in a Committed Intimate Relationship (CIR). Courts have defined a CIR as a “stable, marital-like relationship where both parties cohabit with knowledge that a lawful marriage between them does not exist”. If you are in a CIR, you may be entitled to divide property acquired during your relationship. It is important to note that CIR couples can never receive spousal maintenance, though consulting with a divorce lawyer can clarify your options.

Some couples choose to enter into private agreements. These agreements can cover a variety of topics, including finances, property divisions, dispute resolution, and spousal maintenance. How your agreement might impact your divorce will depend on its language, and under what circumstances the agreement was drafted. Consulting a divorce lawyer can help you understand the impact of your agreement.

Keep in mind that courts do not generally enforce provisions of nuptial agreements that address parenting and custody of children. The court’s position is that parties cannot possibly know what arrangement will be in the best interest of their children years ahead of time. You will likely need to navigate the custody system alongside your separation or divorce.

This is frustrating, but don’t fret. Our divorce lawyers and legal separation attorneys have extensive experience with dealing with belligerent and uncooperative partners. Whether they hide in another state or overseas, we have tools not available to the public to track them down and serve them. If needed, our divorce lawyer team can also request that the court permit service by mail to the last known address, or service by publication in a journal of general circulation.

Washington has a minimum 90 day waiting period before the courts can grant a divorce by law. Your best shot at a quick separation is to seek a legal separation. If the parties fully agree on the terms of divorce, it can be granted by the courts immediately – no waiting period. Consulting one of Hemmat Law Group’s legal separation attorneys can help expedite the process and ensure all paperwork is filed correctly.

1. Legal separation in Washington State can be achieved extremely quickly if the parties agree on terms. Unlike a divorce, there is no minimum waiting time before a separtion can be granted. You can automatically convert a separation into a divorce 6 months after it is granted as a matter of right. Othersie, the legal process is very similar to a divorce.
2. Division of Assets. Washington is a community property state. The court decides if property is considered separate or community, but barring a few exceptions, most property acquired during a marriage (or marriage-like relationship) is considered community and is subject to a ‘fair and equitable division.’ Even separate property may be subject to division in limited circumstances. It’s crucial to have the guidance of legal separation attorney to protect your rights during any asset division.
3. Filing for legal separation. Separation begins in a court by filing a summons and petition for legal separation. A divorce lawyer can help guide you through this initial step, ensuring all paperwork is accurate and complete. The court will then assign a case number and issue a case schedule setting various deadlines. The timing of the petition filing will depend greatly on the circumstances and your objectives.
4. Process service. In some circumstances, it is necessary to serve the other party with the summons and petition, along with supporting documents. Depending on how resistant the other party is to service, this can take some time.
5. Temporary orders. Sometimes, immediate court intervention is needed before the conclusion of a case. Temporary orders can provide emergency financial support, grant use of property, install an interim parenting plan, and provide other required relief to the parties involved. Temporary orders last until the separation is finalized.
6. Discovery. In a separation case the parties are entitled to send formal requests of information to each other. This can be used to request financial records, medical records, retirement account information, or anything else that may be useful. This is particularly important when a spouse has historically hidden finances form the other.
7. Mediation. If the parties cannot agree on a settlement themselves, a professional mediator may be required to attempt to resolve the dispute. Mediation is required before Washington will grant a family law trial and is faster and cheaper than a trial. Working with a skilled divorce lawyer can help you navigate mediation effectively.
8. Trial. If all else fails, the parties will put their issues before a Judge to decide. Trials can take a few days or weeks, but are always arduous, expensive, and emotionally taxing. Almost all family law matters settle long before they get this far, and only proceed under the direst of circumstances.
9. Post-case. After 6 months, one of both of the parties can petition the court to convert the legal separation into a full divorce. The request is granted automatically, and the other spouse generally cannot object. While you are legally separated in the meantime, you cannot re-marry until you have received your full dissolution.