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If you’re considering divorce, it’s important to contact a divorce lawyer – even if you aren’t ready to file or even discuss the idea with your spouse. Legal guidance is always in your best interest.
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Jason Benjamin has practiced for 30 years, immersing himself in the intricacies of family law and particularly child custody cases. To date, he has personally handled more than 1000 cases where child custody is at issue in Tacoma and surrounding cities.
When it comes to the courtroom, Jason is extremely comfortable and puts his clients at ease. There is no case too complex or too extreme for Jason to be willing to take it on.
In the state of Washington, divorce is referred to as the “dissolution of marriage.” This means that you’re terminating a legal marriage and separating your life from the other person’s life as much as possible.
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The state of Washington outlines four major steps in the divorce process:
If your spouse does not agree to the terms outlined in the paperwork and refuses to sign, you may enter a period of negotiation, mediation, and possibly a trial. Settling without a trial is generally the easier route and takes far less of your time.
Working with a divorce lawyer from the beginning ensures you’re doing things in the right order and addressing all important aspects.
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We provide comprehensive legal representation for various legal needs that affect families throughout Washington state:
Our attorneys provide compassionate guidance through every aspect of the dissolution process, from filing initial paperwork to negotiating final agreements.
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Yes, Washington is a no-fault divorce state, which means neither spouse needs to prove wrongdoing to end the marriage. Washington courts require only that one spouse believes the marriage is “irretrievably broken” with no possibility of reconciliation. The no-fault system simplifies the divorce process by focusing on resolving practical matters like property division and child custody rather than litigating who caused the marriage to fail.
When addressing family law issues in Washington, the no-fault principle affects how cases proceed but doesn’t diminish the importance of proper legal representation. Even in an amicable separation, having an attorney who understands Washington’s specific requirements for parenting plans, support calculations and property division helps ensure your rights are protected.
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Unless your spouse already agreed to divorce, you generally don’t want them to know you’re considering it. This is for your own protection–once your spouse knows of your intentions, the relationship may quickly become strained.
For example, they might start concealing information or property, or ruin your chances for a fair outcome.
Tactics can include:
It’s best not to let on until you have consulted with a divorce lawyer and collected all of the information you need.
Please remember that all communications with an attorney are privileged/confidential; therefore, meeting with a divorce attorney does not have to be shared. In some cases you may need to take emergency action.
Whether you are ready to file or not, it’s vital to gather all the financial information you can. Collect and make copies of as many of the following documents as possible and keep them in a safe where your spouse will not find them.
This may be needed for proof if your case becomes contested or your spouse won’t provide the information:
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If you and your spouse can’t reach an agreement on terms, the court may bring in a mediator. Although your attorney is a skilled negotiator, the mediator is a fully neutral third party whose job is to move the conversation forward.
Unfortunately, some couples cannot reach an agreement, even with the help of their attorneys and a mediator. This is when divorces may end up in court, which is a costly, often lengthy process.
Absent a complete agreement with your spouse, you should be prepared to offer the judge a reasonable, fair solution.
Numerous strategies exist for presenting an argument to the court to adopt your proposal, though many of these are beyond the knowledge and skill level of those who aren’t legal professionals.
This is one of the major benefits of having experienced and confident divorce attorneys.
Envision Family Law divorce lawyers are experienced trial attorneys, but our goal is to help you reach a settlement before that point.
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No. Washington is a no-fault divorce state, which means either party can decide to end the marriage, regardless of what either person did or said.
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In Washington, you must wait at least 90 days for divorce to be final. In cases where the terms are contested, it tends to take longer. If you need to schedule a trial, the process may take well over a year.
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The goal is to divide assets and debts fairly, not necessarily 50-50. The courts will consider what you each owned or owed before marriage (“separate property/debt”), and your current economic situations – and how they’ll allow you to retain housing and support any children. Assets and debts acquired during your marriage are generally split in half (“community property/debt”).
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If you’ve done all you can to be fair and still hope to avoid a trial, opt for mediation. A neutral third party will facilitate a conversation between the two of you with the goal of reaching common ground. The next step is arbitration, when an arbitrator examines the case details and makes decisions for you.
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Legal separation divides property and debt, establishes plans for child support and custody, and provides the couple an easier path to divorce. The main difference is that they’re still legally married. If the couple does decide to divorce, there’s a six-month waiting period.
People may choose legal separation:
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A conflict of interest refers to the legal representation in a divorce case. Washington’s court rules define a conflict of interest as the following:
Essentially, divorce attorneys may not represent someone if they’ve previously had access to information that will hurt the other person’s case. It’s seen as an unfair advantage of one spouse over the other.
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Divorce costs vary depending on individual situations. In general, the sooner you and your spouse agree on terms, the faster and more affordable the divorce. Issues such as disagreements over children, property, alimony, debt, etc. will lengthen the process and use more resources, costing more money.
You will pay set fees for filing with the court, having your spouse served the papers, and other administrative tasks.
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Envision Family Law has highly experienced Washington state divorce lawyers.
For decades, our team has guided Washington families through some of the hardest periods of their lives. We’re dedicated to serving every client with compassion, respect, and discretion while working tirelessly in their best interests, and that of their children.
We’re proud to help the LGBTQ community with divorce, custody and child support issues, too.
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Call or text now and get the advice you need at 833-998-0951. You can also complete the simple contact form on our website.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Co-Founder, Jason Benjamin, who has more than 30 years of legal experience as a family law attorney.
