Washington divorce and custody law is governed by statute, RCW Title 26.  Divorce cases are initiated in Washington State by filing a Petition for Divorce, along with a summons, to the opposing party. The petition and the summons must be served on the opposing party by someone other than the spouse filing for the divorce. Service of the Summons and Complaint must be in person, unless the court orders otherwise.

A divorce (also known as a dissolution) may be granted in Washington State after a 90-day waiting period. The 90 days starts to run from the later of the date of filing or the date of the service of the Summons and Complaint. What this means is that the court may grant the petition for divorce after the 90-day waiting period, if the parties are in agreement on all of the issues in a particular case. If there is no agreement between the parties, a trial date must be obtained to settle the issues. The issues are typically: division of property, division of debt, parenting of the children if there are children of the marriage, child support if there are children of the marriage, and in the appropriate case, maintenance (alimony) for one spouse or the other.

“Legal separation” is another means for the court to grant relief on the issues which may attend the break-up of a marriage. The court will divide property, debts, provide for parenting of the children, provide for child support, and order maintenance, if appropriate, in a particular case. In a “legal separation” the parties may obtain a court order for the legal separation as soon as the petition is filed, if they are in agreement on all of the issues. There is no 90-day waiting period. However, either party may ask the court to change the legal separation to a divorce six months after the decree of legal separation is entered. It is important not to confuse “legal separation,” which is accompanied by a Decree of Legal Separation, with separation in fact. Parties often separate and begin living in separate households and leading separate lives even though they are not divorced, and even though they have not filed for a decree of legal separation or for a decree of divorce. When the marital community is no longer functioning in such circumstances, rights of the parties and obligations to creditors may be affected even though there is no “legal separation.”

In all cases, it is important to seek the advice of a knowledgeable attorney. Seek the advice of an attorney early.  Family law matters are extremely complex and the law in a particular situation may be very different from the law that applied in your next door neighbor’s or friend’s case who has told you about their experience. Talking to a lawyer about the issues does not obligate you to hire that lawyer. It is well worth the consultation fee to obtain the advice of a knowledgeable divorce lawyer before you take any action in such an emotional and delicate situation. Even if you believe your divorce will be amicable and everything will be done by agreement, it is a good idea to speak to an attorney and get advice before you proceed in matters which effect your legal rights.