Commencement:
A dissolution of marriage is a difficult
process which you must go through in
order to end your marriage. It is
commenced by one party (petitioner)
filing a Petition for Dissolution of
Marriage. This is then served on the
other party (respondent). The respondent
then has 20 days to respond or an Order
of Default can be entered against them.
Waiting
Period: In Washington,
a dissolution of marriage cannot be
finalized until 90 days has expired. This
does not mean that you are automatically
divorced in 90 days. If both parties are
in agreement of all of the terms, the
final papers can be presented to the
court and the divorce finalized on the 91st
day. If the parties are not in agreement,
the Decree cannot be entered until they
reach agreement, or the court enters the
decree after a trial.
Trial
Date: If the parties
are not in agreement with all of the
terms, the case will proceed on until
they reach an agreement or have a trial.
At trial, both parties present their
evidence on whatever issues are in
dispute, and the judge will decide them
for the parties. In King County, the day
you file your action, you are given your
trial date. That date is about 11 months
after filing. This does not mean you have
to go to trial, but it gives you an end
point, that if you cannot reach an
agreement before this date, the court
will decide the issues after a trial.
Temporary
Relief: Typically,
the parties cannot wait 90 days, let
alone 11 months to get things resolved;
they need some ground rules on how to
conduct themselves pending trial. It is
not unusual for one party or the other to
file a motion to get temporary orders
entered pending trial. This could include
temporary restraining orders (prohibiting
the parties from disturbing the peace of
the other, dissipating community assets,
canceling insurance benefits, etc.),
temporary parenting plan (defining both
parties rights and responsibilities
regarding the children), temporary child
support, temporary spousal maintenance,
temporary occupancy of the family home,
temporary use of automobiles and other
assets, temporary payment of community
debts, and temporary payment of attorney
fees. The parties can get into court for
temporary relief with only 2 weeks notice
to the other side.
Discovery:
After the parties get accustomed to
functioning under their separation and
the terms of the temporary orders, it is
common to start the discovery process, to
collect information necessary to settle
the case and/or prepare for trial. The
least expensive manner is for the client
to collect the information and bring it
in to the attorney. If this is not
possible, we can send out Interrogatories
(written questions for the other side to
answer under oath), Request for
Production of Documents, take a
deposition (oral questions to the other
side to answer orally under oath),
subpoena documents from third parties
(banks, employers, stock brokers,
retirement companies, etc.), or hire our
own experts (parenting evaluators, real
estate appraisers, actuaries to value
pensions, personal property appraisers,
etc.).
Settlement:
Once we have acquired all of the
information we need, we typically sit
down and pencil out what we believe a
fair settlement would be on all of the
issues, with the supporting
documentation. We can then send out a
settlement letter to the other side,
explaining our position with the backup
documentation. They can then either
accept it, reject it, or give us a
counter offer. If we are close, we can
negotiate a settlement, and then draft
the final papers for signature and entry
with the court.
If we
cannot reach a settlement directly, we
frequently schedule a settlement
conference with an active or retired
judge or experience family law attorney,
who can review the settlement positions
of both sides, and then give us his/her
unbiased opinion of what they perceive
the outcome of the case, should it go to
trial. This is not binding on the
parties, but can be used as a springboard
for formulating a settlement that is
acceptable to both sides.
Trial:
Ultimately, if settlement cannot be
reached, we prepare for trial, present
the evidence, and let the judge tell us
the outcome. At trial both parties are
given the opportunity to testify and
produce any relevant documentation and
other witnesses. When the final
decision has been made, the final papers
are then prepared, often including a
Decree of Dissolution, Findings of Fact
and Conclusions of Law, Parenting Plan
and Order of Child Support. Once these
papers have been signed by the judge, the
parties are divorced.
Our firm consist of three
lawyers, Peter W. Mogren, Ronald E.
Glessner, and Ruth A. Roti. Our
emphasis is in family law, wills and
probate, and personal injury.
Please click on the topics above for
details about these areas of practice,
including divorce, legal separation,
property division, child support, spousal
maintenance, parenting plans,
modifications, paternity, adoption,
wills, Community Property Agreements,
Durable Power of Attorney, and probate.
Our firm is conveniently located
in Renton, King County, Washington, just
off the freeway at the intersection of
I-405 and I-167. Our attorneys
represent clients throughout the State of
Washington, including the communities of
Renton, Kent, Tukwila, Seattle, Bellevue,
Auburn, Maple Valley, Federal Way, Des
Moines, Burien, SeaTac, Enumclaw and most
of south King County.
The free information contained
in these pages is not
intended to be legal advice, and does not
create an attorney-client relationship.
You should always consult with an
attorney before taking any action. Feel
free to call us at 425-255-4542.
