Divorce
Whether you were served last week or you’ve been carrying the decision around for a year, the first feeling is usually the same: there’s too much to think about and no place to start. So let’s start with what’s actually in front of you.
What you’re facing
If you were served, you’re holding a petition. It’s your spouse’s version of how they’d like things to end: the house, the accounts, the debts, the kids’ schedule, support. It reads like a verdict. It isn’t one. It’s a list of requests, and you get to answer every line of it.
Washington is a no-fault state. Nobody has to prove the other person did something wrong, and the court doesn’t hand out blame. That surprises people, and it often helps. The case is about dividing a life fairly and setting up what comes next, not about who was right.
By the end, a judge signs final orders covering:
- How property and debts are divided, including the house, retirement accounts, and anything with a loan against it
- Spousal support, if it’s appropriate in your case
- A parenting plan, if you have children under 18
- Child support, if you have children under 18
- A name change, if you want one
Most of those can be settled by agreement. When they can’t, a judge decides them at trial. Most cases never get that far.
What happens next
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Step 1
The response
If you were handed the papers in Washington, you usually have 20 days to file a written response. If you were served outside the state, it’s 60. If you don’t respond in time, your spouse can ask the court to go ahead without you. So this is the one date that can’t slide. Bring the papers when we meet and I’ll handle it.
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Step 2
The in-between
If something needs settling now, like who stays in the house, where the kids sleep on school nights, or who pays the mortgage this month, either of you can ask the judge for temporary orders. They hold things steady while the rest gets worked out.
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Step 3
The waiting period
Washington requires at least 90 days from filing and service before a divorce can be final. That’s the shortest possible case, even if you agree on everything. Most take longer. That time isn’t wasted. It’s when we gather the financial information, figure out what a fair outcome looks like, and try to reach an agreement.
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Step 4
Reaching agreement, or not
Many couples settle through negotiation between lawyers, or through mediation with a neutral person in the room. If an agreement holds, we write it into final orders and a judge signs them. If it doesn’t, the case goes to trial. I’ll tell you honestly, at every stage, whether I think a trial is worth it for you.
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Step 5
The final order
You’re divorced on the day the judge signs the final order and it’s filed with the clerk. It’s a strange, quiet moment for most people. You’ll get copies of everything, and I’ll walk you through what each part requires of you going forward.
How I work
I start with money, because that’s where people are most frightened and least informed. Early on I’ll ask for tax returns, pay stubs, bank and retirement statements, and the loan papers on anything you own. If your spouse handled the finances, that’s common, and we’ll find out together what’s there.
I’ll tell you what I think a fair result looks like in your situation, based on twenty years of seeing how these cases go in Spokane County. I won’t tell you what you want to hear if it isn’t true, and I won’t promise you a particular outcome. No honest lawyer can.
I’d rather settle than litigate, when settling is fair to you. A trial is expensive, slow, and hard on everyone, especially the kids. But if your spouse won’t be reasonable, I’ll prepare your case for trial properly, and I’ll be the one standing next to you when it’s heard.
You’ll always know what’s happening. I’ll explain each step before it comes, I’ll send you copies of everything that’s filed, and when you call, you’ll get me.
What to bring
- The papers you were served, if you were served, with the date you received them written on the first page
- Any agreement you and your spouse have already made, even if it’s just an email or a text
- Your most recent tax return and a recent pay stub
- Whatever you have about the house, the cars, retirement accounts, and debts. Don’t worry if it’s incomplete.
- A list of your questions, if you have one. If you don’t, that’s fine too.
The next step
Call me. Tell me what’s happened and when you were served, if you were. We’ll find a time to sit down, usually within the week, and you’ll leave that first meeting knowing your deadlines, your options, and what I’d do next.