Divorce Attorney in Vancouver, Washington

Couples never intend to divorce one day when getting married. However, relationships don’t always work out as planned, which is why so many marriages end in divorce. Filing for divorce can feel like a life-changing and overwhelming moment, but it can also be one of the best decisions you make in your life.  

If you have decided to start over, consider contacting Keystone Family Law for legal counsel. Our divorce attorney in Vancouver, Washington, can guide you through the divorce process and help you achieve the best possible outcome. Courtney Himes, Attorney at Law, serves all of the cities in Clark County.  

Divorce in Washington

Married individuals who wish to end their marriage in Washington must file a petition for divorce to initiate the legal process. However, not everyone is eligible to file for divorce in Washington. The state has the following residency requirements that must be met: 

• The petitioner is a Washington resident; 

• The petitioner is married to a Washington resident; 

• The petitioner is a member of the military stationed in Washington; or 

• The petitioner is married to a member of the military stationed in Washington.  

Washington has a 90-day waiting period for divorces. That means the judge cannot grant a divorce until after 90 days have passed since the date the petitioner filed for divorce and the respondent was served with divorce papers.  

Contested vs. Uncontested Divorce

In Washington, couples can file for either a contested or uncontested divorce. An uncontested divorce is typically the easiest and least expensive option, as both parties agree on all matters, including asset and debt division, spousal support, child custody, and others.  An uncontested divorce is also called an agreed divorce.

A contested divorce tends to be more challenging and expensive, as the parties do not agree on one or more aspects of the divorce. In such cases, the issues may need to be resolved during a trial by a judge. As judges often have broad discretion, a trial may result in unpredictable outcomes.  A contested divorce is also called a litigated divorce.

Grounds for Divorce in Washington

The term “grounds” is defined as legally-acceptable reasons to file for divorce. Washington is a no-fault state. In Washington, the only ground for divorce is that the marriage is “irretrievably broken.” A judge can grant a divorce if both spouses agree that their marriage is irretrievably broken after the waiting period.  

As mentioned earlier, a Divorce Decree cannot be entered until the 91st day since the other spouse was served with divorce papers.  

When one spouse does not disagree that their marriage is irretrievably broken, a judge will make that determination at a trial.

How Long Does a Divorce Take?

The length of a divorce depends on several factors, such as the level of disagreement between the parties, the availability of the court, and the complexity of the case. Washington has a minimum 90-day waiting period from the date the non-filing party is served with the divorce petition. However, it is not uncommon for cases to take a year or more to resolve. When the divorce is uncontested, the parties can likely have their divorce finalized in 3 months. 

You may want to speak with a divorce attorney, to discuss your specific situation for a rough estimate of the divorce timeline in your particular case.  

What if Your Spouse Refuses to Sign Divorce Papers?

If one party refuses to sign divorce papers, the case usually becomes contested. This means the parties may need to attend mediation or a trial to resolve the case. If one party fails to respond to the petition, the other party can request a default judgment from the court. A divorce attorney can help navigate these scenarios and ensure that your rights are protected throughout the process.  

Do You Need a Divorce Attorney?

Retaining a skilled attorney is a good idea for both contested and uncontested divorces. A divorce attorney can provide legal guidance, negotiate with the opposing party on your behalf, prepare and file the necessary documentation, and ensure that your interests are protected throughout the process. Your attorney can also help navigate the legal technicalities, paperwork, and deadlines, which can be overwhelming and confusing for those not familiar with the law.