Explanation of the Court Process

At The Law Office of Robert Helland, we understand that dissolution (divorce) proceedings can seem daunting and complicated.  Our goal is to make the process as simple for our clients as possible.  In most divorce cases, the basic process, as outlined below, is the same.  At any time before the court issues the Decree of Dissolution or Decree of Legal Separation, either party can hire an attorney or change attorneys, negotiate a settlement, got to court for temporary order, to have temporary orders changed or the parties can agree to dismiss the case. 

Step 1: Filing

In Washington, filing or serving summons and petition papers initiates the dissolution (divorce) process. (Paternity/Parentage actions and Parenting Plan or Child Support modifications are similarly initiated.)  One spouse pays the filing fee and files for either legal separation or dissolution.  A legal separation can also be converted to dissolution later. 

Once a spouse files the summons and petition papers with the court, he or she must notify the other party by serving process.  This can be accomplished by delivering the summons and petition to the spouse or by having the spouse or his or her attorney voluntarily accept service of the papers.  The clerk of the court creates a case schedule with deadlines the parties must meet. 

Step 2: Discovery, Motions, and Trial

In this step, the bulk of the divorce proceedings occur.  If the parties are amicable and can reach an agreement on their own, they can simply put their agreement in writing and have it entered by the court as an agreed temporary order, which can provide for interim relief such as restraining orders, parenting plans, child support, spousal maintenance, attorney fees and allocation of debts as well as temporary use of assets.  However, if the parties cannot agree, either party may bring one or more motions before the court.  The court then considers the motion and issues a temporary order on the matter.

If disagreements between the parties remain, the court will require the parties to attend a settlement conference.  If the parties cannot agree on the final orders and the matter does not settle at the settlement conference, the case will then proceed to trial. 

Step 3: Decree

Before dissolution is final, Washington imposes a waiting period.  The parties must wait at least 90 days after the responding party has been served with process (the summons and petition) and the case has been filed with the court before the court will issue a Decree of Dissolution.  If the parties wish to convert a Decree of Legal Separation into a Decree of Dissolution, they must wait six months after the court issues the Decree of Legal Separation.

Seek Experienced Legal Counsel

Although this page gives a very brief overview for how to obtain a divorce in Washington, the process is often much more complicated.  We have over 30 years of experience practicing family law in Washington, and we are committed to assisting you through the process so that it has as little impact on the rest of your life as possible.  If you need assistance with divorce proceedings, contact The Law Office of Robert Helland today for a free initial consultation.  We welcome the opportunity to more fully explain this procedure as it applies to your particular situation by telephone or in person at our office.