The divorce process can be both terrifying and overwhelming. According to the Pew Research Center, one in four divorces occurs in the first decade of a marriage, but the length of your marriage does not mean the experience will be any easier or more difficult than anyone else’s. In addition to confronting the emotional upheaval of rebuilding your life, you also need to follow the correct procedures to end your marriage legally. Fortunately, you do not need to go through this process alone.
A knowledgeable Bainbridge Island divorce lawyer from Lutz & Associates, P.S., could help you every step of the way. Our local law firm has always focused solely on family law since 1997, so we understand all divorce issues and laws. Our compassionate, committed family attorneys could work with you toward a resolution that works for your family.
The Major Concerns to Address During Divorce
During a divorce, you must separate all aspects of your life from your former spouse, which includes property division, child custody, finances, and a lot more. The emotional burden of doing so may be tough to handle on your own. State law does not require you to use a lawyer when getting divorced, though qualified legal counsel could give you an advantage in divorce proceedings.
Our Bainbridge Island attorneys could help you resolve any outstanding issues relating to your divorce, such as fairly dividing your assets and creating a reasonable spousal support order, if necessary. If you have children, we could also help you develop a parenting plan and establish fair child support obligations.
What Is the Legal Process for a Divorce?
Washington addresses the dissolution of a marriage under Revised Code of Washington § 26.09. Under state law, you do not need to prove that you or your spouse did anything wrong to seek a divorce. This is why Washington is known as a “no-fault state”. The law requires only that you declare the marriage to be irretrievably broken. We could help you through the process by completing the following steps.
Filing Appropriate Documents
If you are the one seeking a divorce, you must file a Petition for Dissolution of Marriage in the county where you have lived with your spouse. The deadline to serve the petition and a summons on your spouse is 60 days from the date of filing. Your spouse then has 20 days to respond, in which they can agree or disagree with the information stated in the petition.
Gathering Information
After filing the appropriate paperwork, you and your spouse can build your cases by gathering information about finances and other important matters. You may do so by making requests of your spouse, negotiating your concerns, or asking questions in depositions.
Going to Trial If Necessary
If you cannot agree on every issue, you may request a bench trial before a judge. However, trials can be costly, and you cannot be certain of the outcome. Working with a Bainbridge Island family lawyer who is experienced in negotiations could give you the best chance of reaching an amicable resolution to your separation.
Even if you and your spouse agree to all terms of the divorce, you still must wait 90 days from the petition filing date before a court can finalize your divorce.
Helping You Understand the Different Types of Divorce
Washington is a no-fault divorce state, which means that you do not need to establish that one party committed adultery or did something else to end your marriage. Depending on what you and your spouse agree to, the process can be relatively quick or drawn out.
Uncontested
In an uncontested divorce, the parties agree on all issues and settle all matters without court assistance. In an uncontested divorce, the process can be quicker. Although Washington requires a mandatory 90-day waiting period before a divorce can be finalized, if the divorce is uncontested, the parties can typically resolve it quickly. Additionally, uncontested divorces are generally less costly for both parties because there is no need to go back and forth negotiating contested issues.
Contested
In a contested divorce, the spouses cannot agree on all important matters, and they need to bring the disputed matters to court for a judge to decide upon. For instance, if you cannot jointly agree on property division, a judge would listen to the evidence and determine what is considered an equitable division. Contested divorces can be considerably more expensive and take much longer.
Collaborative
A collaborative divorce offers spouses who cannot agree on all matters a non-adversarial alternative to fighting out a contested divorce in court. In a collaborative divorce, parties commit to working with each other, their lawyers, and others, such as mediators, to resolve any outstanding issues and reach an out-of-court agreement that is acceptable to both parties. Collaborative divorces are often less expensive than divorces that are contested in court.
Our compassionate attorneys understand that no one method is appropriate for every couple. Every divorce case is different. We have successfully handled all types of divorces and would work closely with you to reach a satisfactory resolution.
Dissolution of a Common Law Marriage
Not all couples choose to formalize their relationships with marriage. When a long-term committed couple decides to separate, they can face many of the same issues as married couples, but there are some differences in legally resolving them. If a court determines that you are in a Committed Intimate Relationship (CIR), you have many of the same rights as married couples.
If you are unable to agree on all matters, a court could help with the division of assets and liabilities, just as with a contested divorce. However, unlike with a married couple who divorces, there is no right to spousal maintenance or alimony if a CIR ends. Our attorneys could help you gather evidence to prove to the court that you were in a CIR. We have vast experience helping with the dissolution of long-term, nonmarital relationships.
Contact an Attorney in Bainbridge Island for Help With Your Divorce
Our Bainbridge Island divorce lawyers from Lutz & Associates, P.S., could offer you valuable assistance throughout every stage of your divorce. We could explain the divorce process, help you gather evidence, and review and file the appropriate paperwork.
Our goal is a conflict-free resolution whenever possible. However, our legal team is fully capable of representing your interests in a courtroom trial if necessary, and we have successfully represented people in both uncontested and highly contested divorces. Contact us today for compassionate support that minimizes your stress and simplifies your divorce process.
