What are the elements of an uncontested Washington divorce?

by Envision Family Law | Jan 10, 2024 | Washington, Washington Divorce

An uncontested divorce, or a simple or agreed divorce, occurs when both spouses agree on all terms of their separation. This sounds simple, but if there is even one point that you can’t resolve, an uncontested divorce is already ruled out for you.

What, exactly, do you need to agree on?

You must agree on every part of your divorce, from the beginning to the end. The largest points are:

Division of property and debts: Washington property division law is guided by community property principles, meaning both sides own all assets and debts equally. That does not mean discussions of property division are simple or straightforward.
Child custody and visitation rights: All parents have strong opinions on how much time they should spend with their children and where they should live. However, in an uncontested divorce, strong demands on these issues are major obstacles.
Child support: By law in Washington, there are set equations for how the parties should calculate child support. However, even here, there can be significant disagreement over the particulars.
Spousal support: The idea of continuing to support your spouse after marriage is an upsetting one to many. It might be the most challenging part of your divorce to reach an agreement on this issue before going to a judge.

If you and your spouse can agree on these points, you’re on your way to an uncontested divorce, which will mean:

Lower cost: It’s typically less expensive than a contested divorce.
Faster process: Without the need for drawn-out court battles, uncontested divorces usually proceed more quickly.
Less emotional stress: By avoiding a contentious courtroom scenario, you can reduce emotional strain.

An uncontested divorce can be a less stressful, more cost-effective way to end a marriage.

Do you even need a lawyer for an uncontested divorce?

Technically, you may not need a lawyer. However, to come to a dispassionate, thoughtful and legal decision on each of these matters, you will find that an attorney is a massive benefit.