Olympia Divorce Attorney The Divorce Process
Washington State Family Law Lawyer Laurie G. Robertson
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Helpful information about your Olympia divorce proceedings
Can my spouse divorce me even if I don't want a divorce? Yes.
Washington is a "no-fault" state, so the state will not get involved with why you're getting a divorce. The only grounds for a divorce in Washington are that the marriage is irretrievably broken. Although, one party may attempt to show the other party has acted immorally, most courts will consider such evidence to be completely irrelevant for purposes of your Washington divorce proceedings.
So what is necessary in order to get a divorce in Washington State?
An irretrievably broken marriage is the standard. The state only requires one party to make this claim. If one party wants the divorce the state will not interfere with their request and the other party may be able to delay the process, but a divorce will most likely be granted.
How quickly can my Olympia divorce be pushed through the Thurston County courts?
Washington State requires a 90-day mandatory waiting period. This period is intended to give parties time to reconcile. If reconciliation is not possible, you Olympia divorce can be granted after 90-days if the parties agree, or in that even that one party defaults. If there is no agreement, or if a default does not occur, the parties will be assigned a trial date.
Many trial dates are set about nine months to a year from the date that the original Olympia divorce paperwork is filed.
The Washington State Divorce Process
Filing for Divorce
The Divorce process in Washington State is initiated by filing a Petition for Dissolution and serving that Petition upon the other party. Every Olympia divorce begins this way. If there are children involved, the Petitioner will also file and serve upon the other party a proposed parenting plan and proposed child support paperwork. The Petitioner should also file proof of income with the Court.
At the time of filing the Court will usually issue a case schedule, which will assign a Judge and set a trial date. In some counties the trial date is set later in the process in hopes that the parties will reach agreement on their issues prior to ever have to set a trial. Trial dates in most counties are set out at least a year from the date of filing.
Temporary Orders
Often times the next step involves filing a motion for temporary orders. When the parties of a family law action cannot come to agreement as to what should happen in their case they can file a Motion to have the Court decide what should happen with their issues. The moving party will file their motion and ask the Court to enter their proposed temporary orders. These orders can include temporary division of property, temporary maintenance, temporary parenting plan and temporary child support. The Court may also decide other issues at its discretion depending on the facts of the case.
The party initiating the motion presents their information to the Court. The opposing party then has an opportunity to present their side of the story and what they believe the Court should do with regards to the temporary orders. After a formal hearing the Court will then decide what orders should be entered and they will become effective the day of the hearing. Occasionally, the Court will order further investigation of an issue and request a review hearing at a later date; at which time a decision on that particular issue would be made.
The parties may have several temporary orders hearing throughout the divorce process, depending on their issues and the complexity of the case.
The parties may also enter agreed temporary orders if they are able to agree on what should happen with regards to property, maintenance, parenting plans and child support. This is often the most cost effective approach and is the least traumatic all involved.
Finalizing your Olympia divorce
Washington state requires that the parties wait at least 90 days for finalize their divorce. This requirement cannot be waived under any circumstances. If children are involved each party must also take a parenting for divorced parents seminar and file proof of this seminar with the Court before their divorce can be finalized.
The parties always have the option of coming to agreement on what their final orders should be in their divorce. Again, this is the most cost effective and least traumatic way to finalize a divorce. In the case that the parties reach agreement the final orders can be entered as soon as day 91 after the date of service. Often times the parties are able to reach agreement after formal medication. Each county requires that the parties participate in mediation prior to having a trial.
If the parties are unable to reach agreement then the court will hold a trial. This will be a bench trial before an experienced family court judge. Each party will be allowed to have witnesses, provide evidence and testify on their own behalf at their trial. The Judge will then make decision based on the information provided at the trial and state law. This will then become the final decision in the case and will be transferred to the parties’ final orders.