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PROCEDURE OF A
WASHINGTON DIVORCE
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.
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
experienced attorney before taking any action. Feel free
to contact an attorney at MOGREN, GLESSNER & ROTI, P.S. at 425-255-4542 to
schedule an appointment and discuss these issues with you.
Site Map
MOGREN, GLESSNER & ROTI, Renton, Washington, 98057
Phone: (425) 255-4542
Our law firm is conveniently located in Renton, King County, WA, just off the freeway at the intersection of I-405 and I-167, easily accessible from Seattle and Bellevue Washington. Our
three family law and divorce attorneys represent clients in the greater Seattle area and throughout the State of Washington, including the communities of Renton, Kent, Tukwila, Seattle, Bellevue, Mercer Island, Issaquah, Fairwood,
Cascade, Newcastle, Normandy Park, Auburn, Maple Valley, Black Diamond, Skyway, Federal Way, Des Moines,
Kent Meridian, Lake Youngs, Burien, SeaTac, Factoria, Covington, Medina, Fox
Island, Gig Harbor, North Bend, Sammamish, Redondo, Enumclaw and most of south King County. Call 425-255-4542 for a free telephone consultation with an
experienced family law and divorce attorney / lawyer. Our attorneys represent both men and women in divorce
and the drafting of simple wills,
and are members of the Christian Legal Society. Our lawyers offer affordable rates
(reasonably priced) for uncontested divorce.
The free information and help contained in these
pages is not intended to be legal advice, and does not create an
attorney-client relationship. You should always consult with a lawyer before
taking any legal action. Feel free to call us at 425-255-4542 for a free
telephone consultation with a family law lawyer for help regarding your
marriage, divorce (contested or uncontested), custody, complex property division,
child support and maintenance, adoption, will, estate plan or
probate. We offer inexpensive (cheap) package deals and for our wills,
simple will and estate
planning documents. We offer a Christian perspective in our practice, yet
are aggressive in protecting your rights. Our attorneys are licensed to practice only in the State of Washington,
and are easily accessible to the greater Seattle area.
Serving both male and female clients in the Seattle, King County, WA area, including the communities of Kent, Renton, Tukwila, Southcenter, Seattle, Auburn, Bellevue, Mercer Island, Federal Way, Maple Valley, Des Moines, SeaTac, Burien, Fairwood,
Cascade, Covington, Newcastle, Normandy Park, Issaquah, Factoria, Black Diamond, Algona, Covington, Fall City, Hobart, Medina, North Bend, Pacific,
Buckley, Wilkeson, Newport Hills, Clyde Hill, Coal Creek, Fox
Island, Gig Harbor, White Center,
Rainier Beach, Rainier Valley, Bryn Mawr, Redondo, Covington, Kent Kangley,
Cougar Mountain, Preston, Ravensdale, Kanaskat, Palmer, Cumberland, Redondo,
Midway, Georgetown, Riverton Heights, McMicken Heights, Eastgate, Medina,
Overlake, Boeing, Microsoft, Paccar, Kenworth, East Renton Highlands, Preston, Kent East Hill, Lake Meridian,
Green River, Star Lake, Lake Sawyer, Duwamish, Seward Park, Columbia City, Georgetown, Holly Park, Sodo, Sammamish, Seahurst, Snoqualmie,
Soos Creek,Muckleshoot, Twin Lakes, Skyway,
Bellevue, Enumclaw and most of south King County, WA. This includes zip
codes of 98055, 98056, 98057, 98058, 98059, 98030, 98031, 98032 98042,
98038, 98040, 98045, 98168, and 98188, and area codes of 206, 253, and 425,
. We represent clients
from Boeing, Microsoft, Starbucks, Costco, Weyerhaeuser, Valley Medical
Center, various hospitals and insurance companies, T-Mobile, and many other employers. We serve clients of all
nationalities and ethnicities, including African American, Native American,
Asian, Hispanic, Latino, Caucasian, black, Indian, Korean, Japanese,
Russian, Ethiopian, Italian, Vietnamese, Pacific Islander, Philippine, Irish, English, French, German, and Chinese.
We receive clients of all faiths and religions, including Christian, Islam,
Hindu, Buddhist, Muslim, Judaism, Baha'i, New Age, Scientology, Mormon, LDS Catholic, Protestant,
Presbyterian, Baptist, Methodist, Pentecostal, Charismatic, Foursquare,
Evangelical, Assembly of God, Jehovah Witness, Episcopal, Foursquare,
Lutheran, Bible, Pentecostal, Orthodox, Adventist, Unitarian, atheist, secularist, and agnostic. We also represent clients who are
members of labor unions (Teamsters, AFL-CIO, Teachers Union, NEA), unemployed or stay-at-home parents,
members of service organizations (Kiwanis, Lions, Masons, Rotary,
AARP, etc), Democrat and Republican, veterans and military personnel. Please call to talk to an affordable
(inexpensive) Washington state family law attorney / lawyer for help about your divorce (contested or uncontested),
complex property division, simple wills, probate or other legal issue.
For other external web sites
regarding our firm, please visit
Seattle.com,
WSBA,
Lawers Guide,
Einet,
Hotfrog,
Cylex,
Meet the Elite,
Justia Legal Services .
Site Map
MOGREN, GLESSNER & ROTI, Renton, Washington, 98057
Phone: (425) 255-4542
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