Divorce comes with a lot of questions. While we can’t answer all of them on a single webpage, this article does address some of the biggest question marks that might be hovering over your own decision about whether to file as an individual (and how to do so).
Remember: every situation is different. Because of the uniqueness of your circumstances there is really no substitute for directly speaking with an experienced lawyer.
When can I get a divorce?
All these must be true:
- You are married legally or through common law marriage in another state or country. (Washington does not have common law marriage.)
- You or your spouse live here and plan to stay here, or you are in the military and will be stationed here for at least 90 days after you file and serve your divorce petition.
- One spouse believes the marriage is broken (cannot be fixed).
- You file and serve the Summons and divorce petition properly.
- At least 90 days have passed since you had the petition and summons filed and served.
My spouse does not want a divorce. Does it matter?
No. If all of the above are true, the judge will grant the divorce anyway.
Your spouse can still argue about such things as:
- How the court should divide your property and debts
- Maintenance (alimony)
- Custody and visitation
- Child support
If you argue about any of these, the divorce will take longer.
What is legal separation?
The judge enters orders for all the same issues as a divorce, including parenting plan, child support, and property and/or debt division. Here is how legal separation is different:
- Most people choose it for religious reasons.
- Your marriage does not end.
- You cannot legally remarry unless you convert (change) the separation decree to a divorce decree.
- The Social Security Administration does not recognize legal separation in figuring out benefits.
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What paperwork must I complete in order to file a divorce?
Generally you will have to fill out a form telling your lawyer what assets you have, what debts you have incurred, and some other general information about the nature of your financial affairs. The form is rather lengthy, so we highly recommend getting help from your attorney filling them out with paperwork that is readily available (invoices, statements, memory, etc.).
What is an annulment?
Also called invalidity, it is a court action to make it as if the marriage never happened. Either spouse can file for this. The guardian of an incompetent spouse can also file for invalidity. If a spouse is married to more than one person at the same time, a child of the later marriage or any other legal spouse can file for invalidity.
You can have a court declare your marriage invalid instead of getting a divorce if all these are true:
- both spouses are alive
- at least one spouse lives in Washington (or is in the military and stationed here)
- You can prove a reason for invalidity listed at RCW 26.09.040(4)(b)
The reasons for invalidity include:
- One spouse was too young to marry
- The spouses are related by blood
- One spouse was already married to someone else
- One spouse could not consent at the time of marriage because of mental incapacity or use of alcohol or drugs
Can I get a divorce decree without a lawyer?
Yes, but it is usually best to hire one, if you can. If you and your spouse disagree about anything, the case may get complicated. It may be hard without a lawyer to protect your rights. Even if you do agree, you may have rights you do not know about. You could lose those rights without expert advice. Example: You may have an interest in your spouse's pension plan.
You might be able to pay a lawyer to review your divorce papers after you fill them out. It is probably worth paying for this so you can protect yourself. Some lawyers have reduced rates for this kind of work.