The period preceding divorce is always one of introspection, during which you review and rethink your decision. The thought of having to carry on life without your partner can largely impact you and make you a bit overwhelmed. However, if, after considering all the facts, you still insist on proceeding with the divorce, you must know the right steps to follow.
In Washington, where specific legal requirements govern divorce, here are some key steps to take when filing a divorce petition.
Understanding the Legal Requirements for Divorce in Washington State
The desire to end the marriage as quickly as possible, so you can move on with your life, can lead you to want to commence the paperwork. While that is a step, it is not always a great place to start the divorce process. Instead, you should conduct due diligence to fully understand the legal requirements for the divorce.
In Washington State, divorce is legally referred to as “dissolution of marriage” and is based on a no-fault system. This means that neither spouse needs to prove wrongdoing; instead, the marriage must simply be considered irretrievably broken. Additionally, at least one spouse must be a resident of Washington at the time of filing. There is also a mandatory 90-day waiting period from the date the petition is filed and served before the divorce can be finalized.
Preparing Emotionally and Financially for the Transition
Before commencing the legal process, you must ensure you are as emotionally prepared as you are financially. Emotional preparation is essential because the process can sometimes get stressful, leaving you scared and uncertain about the outcome. In a contested divorce, addressing key issues can also trigger certain memories that can leave you unsettled. As you go through the process, you must get as much support as is necessary to keep your emotions in check.
In addition, you need to be financially prepared by effectively documenting your financial assets. This will come in handy when distinguishing between separate and marital property and when equitably sharing the latter. “You must note that life after divorce is a new and different one, and you need to have your finances in check for it,” says Attorney Andrew Voelker, of Lutz & Associates, P.S.
Consulting an Experienced Divorce Attorney in Washington State
A divorce is not as simple as saying you are no longer interested in a marriage and then getting the go-ahead to work away. Instead, it includes a complex web of legal and procedural requirements that must be met for it to succeed. To gain a clear understanding of the requirements and to follow through with them, it is recommended that you speak to a divorce attorney.
By working with an attorney in Washington, you can reduce the emotional toll that the divorce can have on you. Your lawyer can guide you in gathering and organizing essential documents and provide any support you need along the way.
Filing the Petition and Beginning the Formal Process
Once the legal requirements are understood, emotional and financial preparation has taken place, legal counsel has been secured, and essential documents have been organized, the individual is ready to file the official divorce petition. This document, submitted to the appropriate Superior Court in Washington State, formally begins the process. The petition outlines the grounds for divorce and includes requests regarding property division, child custody, support, and other relevant matters.
After filing, the petition must be served on the other spouse in accordance with Washington State law. This step ensures that both parties receive notice and have an opportunity to respond. The spouse then has a limited period to file an answer, setting into motion the negotiations, hearings, and decisions that will follow. Filing the petition may feel like a significant emotional milestone, but it also marks the beginning of a structured legal process designed to resolve all outstanding issues in a fair and orderly manner.
Conclusion
The transition can be very challenging and requires utmost care and precision. Understanding the legal requirements helps you know what to expect, preparing financially and emotionally is vital for the process, and working with a divorce attorney is helpful. Contact a divorce attorney in Washington State today to get started.
