Tacoma Divorce Lawyers | Family Law Attorneys
(253) 444-5517
Attorney David M. Lux
Serving all of Pierce County
Aggressively protecting the legal rights of
Tacoma divorce clients and their families.
This page is intended to provide helpful information regarding WA state divorce law and the statutes that are supposed to guide judges in their rulings. The information provided below is very general in nature and is not a substitute for legal counsel.
Every divorce case is unique and our Tacoma divorce attorneys develop a strategic plan of action based on the specific issues in each client's case. We begin every case by listening closely to our clients and working with them to develop a clear set of achievable goals. We then implement and employ and number of different legal strategies to achieve these goals.
Washington divorce is complicated, and unless you and your spouse are able to agree on all material terms, including a parenting plan if children are involved, you should seek the advice of Tacoma divorce attorney and Pierce County family law lawyer BEFORE and orders are entered.
Washington divorce law does not always follow logical principles and common sense. Instead, Washington state judges who preside over divorce cases are given significant freedom to rule and enter orders as they see fit.
This places an incredible amount of control over your current and future life into the hands of an individual who really knows very little about you, your spouse, or your family. Our Tacoma divorce lawyers can help.
Residency Requirements
In order to file a Tacoma divorce, you need only to reside in Pierce County on the date that your petition for dissolution of marriage is filed. The same is true in every county throughout the state, except for Lincoln County, which allows you to file your divorce there even though you do not reside in Lincoln County.
Our offices file dozens of uncontested divorces in Lincoln County every year because it allows the final orders to be entered without either party having to appear in court.
Can my spouse divorce me even if I don't want a divorce?
Yes. Washington is a "no fault" state. Under Washington State divorce law, a spouse does not have to prove wrongdoing to obtain a divorce (now legally called a "dissolution of marriage"). This no-fault system is intended to help spouses settle matters without unnecessary bitterness or resentment.
If a marriage falls apart and is considered "irretrievably broken," one or both partners may seek a dissolution of the relationship. This court proceeding legally terminates a marriage, and makes provisions for the parenting of minor children, family support, and division of property and liabilities.
Legal Procedures
Ending a marriage involves many legal considerations. Technically, a Tacoma divorce attorney is not required to file for divorce in Pierce County, but a lawyer's skill and experience can be helpful to a person contemplating separation or divorce. A lawyer's advice may be especially beneficial in cases that are contested or that involve children and property settlements.
To start a dissolution proceeding, one spouse (called the "petitioner") must file with the court a summons and "petition" for dissolution of marriage.
This document is then served on the other spouse (known as the "respondent"), usually by having copies delivered to him or her. Although there is no major legal significance as to whether the husband or wife files the petition, there may be emotional or procedural advantages.
What is the purpose of the summons?
The purpose of the summons is to command the responding spouse to reply to the petition. Basic facts about the marriage are contained in the petition, which also specifies what the petitioning spouse wants in the way of a parenting plan, property division and support.
Once served, and depending on the recipient's location (whether in-state or elsewhere), the responding spouse has from 20 to 60 days to reply in writing to the petition. This reply, called a "response," may include a "counter-petition," and states the respondent's position on children, property, and support.
The "Temporary Orders" stage.
In many situations, the next step is to arrange temporary orders to guide the conduct of the parties. Either spouse may obtain temporary orders. Typically, the requests cover such subjects as residential arrangements for the children and child support, spousal maintenance, occupancy of the family home, payment of bills, and other concerns for protecting people or preserving property.
If the spouses cannot agree on the temporary orders, a court hearing with a Tacoma Commissioner will be held to establish necessary requirements. At the same time, the court can also immediately restrain your spouse from harassing you, entering your home, taking children out of state, disposing of property, or incurring any unusual debts.
Other restraints may also be imposed in exceptional circumstances. A hearing is held (usually about two to three weeks after the show cause order is issued) to decide most requests. Attendance by spouses is recommended, but not usually required if both parties are represented by attorneys.
Can I settle part of my Tacoma divorce case?
All issues must be settled in order to finish a case. If terms cannot be negotiated between spouses, a trial will be held to decide any disputes. If spouses agree on a settlement and no aspect of the dissolution is contested, the case does not have to go to trial.
The final stage occurs when the court signs a "Decree of Dissolution of Marriage." Settlements negotiated between spouses are presented in writing for approval by the court and signature by the judge. If the case requires a trial, the judge's decision is recorded in writing and signed by the judge who conducts the trial. A marriage is not dissolved until the judge signs the decree.
How soon can I be divorced?
The waiting period for a dissolution of marriage in Washington state is three months. This means the summons and petition must be filed with the court and served upon the other spouse for more than 90 days before the judge signs the decree.
This is a minimum period and is intended to allow time for a reconciliation between parties. The process could take much longer if any aspect of a dissolution is contested and the parties have difficulty reaching an agreement. Many Tacoma divorce cases take a year or more to ultimately resolve if they are contested.
During the waiting period, temporary orders may be issued that provide a temporary parenting plan for minor children, provide protection or support money, or otherwise control the conduct of the parties. Property settlement may be negotiated during this period or may, in fact, be arranged before filing the petition for dissolution.
What about changing my name?
At the wife's request, her maiden name or a former name can be restored as part of the dissolution decree. The request should be included in the petition.
Much of the above and in succeeding pages is reprinted and rewritten with permission from the Washington State Bar Association. To view the full article on Dissolution of Marriage click here: Washington Divorce Overview.