When a relationship begins to fade, one or both partners may start considering their options for ending the marriage. Understandably, many people may be intimidated by the prospect of wading through the divorce process, as they may picture tense courtroom battles, hostile arguments with their soon-to-be ex-spouse, or dwindling bank accounts resulting from the seemingly endless legal proceedings. Although some divorces may take place in court, it’s important to recognize that there are multiple pathways to obtaining a divorce or legal separation in Washington state. In fact, Washington strives to make this legal process as straightforward and simple as possible.
Collaborative divorce is one option for ending your marriage while preserving an amicable and cooperative relationship as much as possible, allowing both parties to remain on good terms once the divorce is finalized—an especially attractive goal for co-parents who plan on sharing custody of their children. In many cases, collaborative divorce tends to be quicker and less stressful than more traditional court proceedings, which often means the process is more cost-effective as well. However, collaborative divorce may not be suitable for all cases, so it’s important to work with a knowledgeable and empathetic Seattle divorce attorney who can assess your unique needs and goals to determine the most strategic and empowering path forward to help you secure your desired outcome. This post will highlight the key differences between collaborative divorce and traditional litigation in Washington state, as well as the benefits and potential drawbacks of selecting this option when seeking to end your marriage.
Understanding Divorce in King County, Washington
As a “no-fault” divorce state, Washington allows either spouse to file for divorce at any time without having to cite a specific reason for wanting to end the marriage. The party filing for divorce need only cite “irreconcilable differences” for the request to proceed. To make the divorce process as accessible as possible, King County provides several resources for separating spouses to use as they prepare to move through the legal process. The process may differ slightly depending on whether the parties are in agreement about the decision to pursue a divorce or whether one party is seeking to end the marriage (against the other party’s wishes). Below is a brief overview of the general steps that are typically involved in these two scenarios.
Seeking a Divorce When the Spouses Do Not Agree
The spouse who is seeking a divorce from someone who does not want to end the marriage can use this resource to guide them through the legal process. Essentially, the party initiating the divorce should locate, complete, make copies of, and file the required legal forms. Next, the other party will need to be served with copies of these forms and the case schedule that the Clerk provided to the filing party. Once the other party has been served, they have a specific window of time in which to file a response. From that point, the case schedule will serve as a guide to govern the legal proceedings. The divorce can be obtained through a default, agreement, or trial. When the other party fails to file a response to the petition by the assigned deadline, the petitioning party may be able to finalize the divorce by default. Or, if the parties are able to reach an agreement before the case moves to trial, this can legally end the marriage. In cases where the parties are unable to reach an agreement, the matter may move to litigation and be decided by a judge. Divorces where you and your spouse have trouble communicating clearly, civilly, and productively can be especially difficult and stressful, so it’s helpful to enlist the guidance and support of an experienced and compassionate Seattle divorce lawyer who can advocate for your best interests at every opportunity and secure a fair and favorable outcome.
What is a Collaborative Divorce in Washington State?
If you and your spouse agree that ending your marriage is your best option for moving forward, you may elect to pursue a collaborative divorce. You can access the necessary legal paperwork here and complete it together. Once you have completed it, made copies, filed the documents, and paid the filing fee, you must observe Washington’s mandatory 90-day waiting period before the court will approve your divorce petition. Generally speaking, the collaborative divorce process tends to be more cooperative and hands-on, as you and your spouse are actively working together to determine the terms of your divorce or legal separation. Although you may encounter a few disagreements during the negotiating process, you can focus on the common goal of parting ways on stable and secure financial ground. Even if you and your spouse are completely aligned in your vision for the divorce, it’s worth enlisting the help of a highly qualified and trusted Seattle divorce attorney who can ensure that your best interests are protected and that you are well-positioned to begin your life’s next chapter.
Recognizes the Potential Benefits of Collaborative Divorce
So, how does collaborative divorce work in King County? Those whose only associations with the divorce process have come from dramatic portrayals in TV shows or movies may approach the concept of collaborative divorce with some skepticism. What does collaborative divorce mean, and is it really possible to part ways with your ex-spouse on amicable terms? While collaborative divorce does not work for every case, it can offer several benefits for couples who share the same goal of separating as cleanly and respectfully as possible. It’s essential to understand that collaborative divorce does not mean the couple will encounter zero disagreements along the way; instead, a collaborative divorce fosters open, honest, and productive communication between the parties as they work to achieve a fair and equitable separation. Below are just a few of the possible advantages of pursuing a collaborative divorce in Washington state.
Maintaining Privacy and Confidentiality
Since the collaborative divorce process takes place outside the courtroom, the proceedings are much more private and confidential. Those who treasure their privacy often prefer to keep legal disputes away from the courtroom in order to work through any disagreements within the privacy of their homes, offices, or mediation rooms.
Actively Shaping the Terms of the Separation
During a collaborative divorce, the spouses and their attorneys work together to resolve property division and child custody matters themselves. This means that you and your spouse can express your preferences and negotiate the terms of your divorce instead of leaving these significant decisions in the hands of the court. Many couples that use the collaborative divorce process report feeling empowered by this process as they assume an active role in shaping their futures.
Cost-Effective Legal Solutions
Generally speaking, the collaborative process takes less time to complete than divorce cases that rely on the court’s schedule. Since the process concludes more quickly, this often means considerable savings in the long run for both parties. If cost-effectiveness is a priority for you and your spouse, you may wish to learn more about the collaborative divorce process and how it could help you secure your desired outcome. For more information about collaborative divorce cost considerations, reach out to a dedicated Seattle divorce and legal separation attorney today.
Preserving Relationships After the Divorce is Finalized
Collaborative divorce can foster cooperative relationships after the divorce is finalized, which is particularly beneficial in co-parenting situations. When the spouses participate in a divorce process built on mutual respect, open and honest communication, and active listening, they are more likely to maintain a civil relationship after the marriage ends. Moving through the collaborative divorce process allows both parties to sharpen their communication skills and set them up for positive interactions long after they have gone their separate ways.
When Collaborative Divorce May Not Be Suitable
Collaborative divorce is not a one-size-fits-all solution for every couple seeking a divorce or legal separation. Since this option requires mutual honesty and a considerable investment in cooperation, collaborative divorce may not be suitable for cases involving domestic abuse, addiction, or complex financial issues. More delicate and fragile cases often need specialized legal support to ensure that both parties are sufficiently protected at every stage of the legal process. For instance, if you need help obtaining a civil protection order to ensure your safety during this stressful and potentially dangerous time, contact the Hemmat Law Group as soon as possible to discuss your options.
Get Started With a Caring Seattle Divorce Law Firm Today
Facing the end of a marriage or long-term relationship can be emotionally complicated, stressful, and overwhelming. However, you do not have to navigate this challenging time on your own. At the Hemmat Law Group, we put our clients first. We recognize that you may be feeling overwhelmed and vulnerable as you explore your options for ending your marriage, which is why we pride ourselves in working closely with you to understand your unique needs and goals. Together, we will identify the most strategic path forward that allows you to conclude this chapter of your life and move forward into a brighter and more stable future.
The dedicated legal team at the Hemmat Law Group is committed to providing top-notch legal services to help you and your family through the hardest times. For over three decades, we have been advocating on behalf of our clients and working hard to secure them their desired outcomes. We encourage you to call our Seattle office today at (206) 682-5200 to get started with a highly qualified and caring divorce and legal separation attorney.