How to divorce in Washington State
The court, at the request of one of the spouses, may divide the joint property, provided that the division does not cause excessive delay in the divorce proceedings. What does it mean? Namely, in a situation where the spouses agree both as to the assets, their value and the manner of their division, the court may already divide the property in the divorce decree. However, when such consent is not available from experience and professional practice, we know that the division of property in the divorce decree is then rare. Much more often there is a division of property in the course of separate court proceedings, or at the notary's office. It should be remembered that the issue of determining what is included in the joint property may not be so simple for the spouses. At present, the spouses take out loans jointly, e.g. they make outlays for joint property from their personal property, or vice versa, they run their own business - and in such factual circumstances it is easy to make a mistake that can cost a lot. These are not easy issues - so it is worth seeking help from a lawyer in this matter, provide all information regarding the accumulated property, and the law firm will recommend the best solution.
How to prepare forms, where to file for divorce
The application for an uncontested divorce in Washington online should be made in writing, which is usually submitted to the District Court having jurisdiction over the last joint residence of the divorcing spouses. It should be remembered that a petition for divorce is a procedural document and should meet a number of formal requirements pursuant to the provisions of the Code of Civil Procedure. The most important elements of the claim (content) are:
- designation of the court to which it is directed,
- designation of the first and last names of the parties, i.e. the plaintiff and the defendant, as well as their addresses of residence and the plaintiff's number,
- indication of the type of letter, i.e. divorce petition,
- indication of the request and evidence (from documents and data of witnesses) in support of the circumstances cited,
- justification of your position and demands contained in the lawsuit,
- signature of the party or its statutory representative or attorney,
- listing of attachments.
At the same time, it should be noted that the application for divorce must be submitted in two copies, i.e. the original for the court and the copy for the opposing party. The application must be accompanied by a copy of the original marriage certificate, copies of the children's birth certificates also in the original, a certificate of employment and earnings, as well as a copy of the marriage contract, if any. Moreover, the statement of payment of the court fee for the statement of claim or the application for exemption from court fees should be attached to the statement of claim.
How long does divorce take
It is difficult to precisely determine how long divorce cases are. In fact, it all depends on what the spouses demand, whether they have minor children, whether there is a conflict over parental authority, contacts or alimony.
When the parties jointly request not to adjudicate on guilt, present a parental plan or do not have minor children - then they can get a divorce at the first hearing, i.e. about 2-3 months from the date of filing a petition for divorce in court.
However, in a situation where a party demands that the spouse be found solely guilty of the breakdown of the marriage, he calls a number of witnesses, presents various documents, and there is no consent as to parental authority, evidence of e.g. a psychologist's opinion should be carried out - then the process may take even a dozen months or even years! If you care about time, which is absolutely normal and understandable - it is worth considering whether to use the help of an attorney who will help you through this difficult time, quickly and efficiently.
Divorce or separation
If there is a complete breakdown of the marital relationship between the spouses, but it is not yet permanent, or the parties have come to the conclusion that there are chances for the rebuilding of the marriage relationship, each spouse may request a decision by the separation court. The effects of separation are like the dissolution of a marriage by divorce, but the separated spouse cannot remarry. In addition, the separation judgment is not irreversible, i.e. the court abolishes the separation upon the joint request of the spouses. Then the effects of separation cease entirely. The decision whether to file a petition for divorce or a better solution will be a temporary separation - it must be made by each of the spouses according to their own conscience and discretion, taking into account not only their own interests, but most of all the well-being of underage children.
If one of the spouses demands a separation and the other wants a divorce - then the court orders a divorce (if, of course, the request for divorce is justified).
Divorce with a lawyer
Are emotions a good advisor? Obviously not. In divorce matters, the emotions are beyond measure, and so is the stress. Our experience shows that asking a professional, lawyer or attorney for help - in difficult matters, especially in the field of family matters, is invaluable. A good representative, as an objective person, who is a specialist in family law, in divorce or division of property, can quickly assess the situation, advise well and lead the case so that the client's interest is best protected.
You have finally passed one of the most unpleasant and emotionally draining lawsuits (a court visit and a divorce case is stressful for everyone) - you have received a divorce, but the question remains, what next? Of course, if this time has had a negative impact on your health and psyche, it is worth consulting a specialist, e.g. a psychologist. As for the legal issue, it can be indicated that within 3 months of obtaining the validity of the divorce decree, it is possible to return to the surname that was used before the marriage was concluded. It is not possible earlier, and the court, in a decision concluding the divorce proceedings, has no right to change the name or give a different name. This activity, i.e. returning to a maiden or bachelor surname, can only be made by submitting a declaration to the head of the registry office (the application is processed immediately) - more on this article: Surname and divorce - how does it look in practice? In addition, if during the divorce proceedings, the court did not rule on the division of property, it is worth settling this issue as soon as possible in order to be able to complete this chapter of life and enter the next one in peace. Everyone has the right to happiness, new happiness.