Seattle Divorce Attorney
There’s no way around it, divorce is difficult even in the most mutual and amicable of situations. The life you have built together must now be separated, and this comes with many hard decisions. The process is likely to be emotional and may even be frustrating. However, a Seattle divorce attorney from our firm can walk you through the process from start to finish so you can be sure that you are protected and each requirement is fulfilled.
At S.L. Pitts, our skilled team advocates for you and your rights throughout a divorce. We are with you through the ups and downs of the process, continually providing creative and tailored solutions to the challenges you are facing. Our Seattle family law attorneys will safeguard your interests as they represent you and help you reach an agreement with your spouse as quickly as possible. We will also handle your case with compassion and discretion.
Choosing a Client-Focused Attorney for Your Divorce in Seattle, WA
A divorce can be a long and draining process, and having an experienced and compassionate lawyer on your side can make the process much less stressful. The team at S.L. Pitts provides you with empathetic and honest counsel in alignment with our core values so you are protected and can get the best outcome in your situation. We work as a team to determine the most effective approach to your case and focus on you from start to finish.
Divorces can drag on considerably at times, and we work diligently to help you and your partner reach an agreement as swiftly as possible. We guide you as you make difficult decisions about your assets and children, and make sure your interests are represented in both the conversations and the resolution. A Seattle divorce attorney from our firm can also answer your questions and help you prepare and transition into the new chapter of your life.
Legal Separation Can Be a Viable Option Before Divorce
Divorce is a complete severance of a marriage, and it is important to be sure before you file. One way to do this is to legally separate from your spouse. A legal separation allows you and your spouse to live lives apart from each other but still retain your married status. With a separation, you can still retain the financial and tax status of a married couple. This option can be helpful for couples who want to consider divorce, have time to prepare for divorce, or who might reconcile.
While a separation allows you to avoid divorce, you must still follow the proper steps to ensure it is legally recognized. You will need to fill out the proper forms for legal separation, and parents will still need to create a parenting plan for how they will co-parent during the separation. While this process feels like a divorce, it has the distinct benefit of not fully ending the marriage before you are ready.
Couples may stay legally separated as long as they want, and never have to file for divorce if they do not wish to do so. However, if a couple does wish to file for divorce after a legal separation, they may do so after a minimum separation period of six months, per RCW 26.09.150.
Understanding Washington’s Divorce Process
Like most states, Washington is a no-fault state for divorce. This means that you do not have to provide a reason like adultery, abuse, or impotence to file for divorce. You can simply state that your marriage is “irretrievably broken” when petitioning for a divorce, and you will be allowed to proceed. Divorce papers will be drawn up and served to your spouse, who has a finite amount of time to respond.
After both parties have received their respective divorce papers, they must wait 90 days before moving forward with the next applicable step. In the meantime, couples can work together to divide their assets and create a parenting plan if they have children. Depending on the situation, additional steps or hearings may be required. Once agreements have been reached, your divorce provisions can go before a judge for review, finalization, and issuance of the divorce order. A Seattle divorce attorney from our firm will provide counsel throughout the process.
Responding to Divorce Papers
If your spouse has initiated the divorce process, you will have to respond to the divorce papers to progress. If you live in-state and received papers in person, you have 20 days to respond, and you have 60 days if you received them in person but live out of state. In the event you received them by mail, you have up to 90 days to respond. You will need to serve your response to your spouse and begin the process to finalize the divorce.
It is important to make sure you respond to divorce papers during your allotted time. This allows your requests to be considered during the divorce. If you fail to respond, your spouse will receive their requests automatically.
How Long The Divorce Process Is Expected to Take
The amount of time it takes to finalize a divorce varies from couple to couple. There are numerous factors that impact the length of the divorce process. In a perfect world, a divorce could be resolved within the 90 days allotted between filing and further action. However, this is often not the case as couples struggle to reach agreements on important matters. Asset division and parenting plans often take both spouses considerable time to resolve.
Assets Must Be Divided Fairly in a Divorce
Dividing up the assets, debts, and property that you and your spouse have accumulated must be done before you can finalize your divorce. Washington is a community property state, which means that everything is generally split up equally. While certain factors of each party’s circumstances may be taken into account, property division is most likely to be shared 50/50.
If you have made your own agreement, whether through a prenup or during the divorce process, then this may take precedence and allow your own terms to prevail as long as they are fair. Washington also recognizes separate property and allows it to be exempt if it meets certain criteria. Our divorce lawyers in Seattle, WA can help you evaluate your assets and reach a compromise.
What to Do When Assets Have Been Hidden
There may be times when you notice warning signs that your spouse is hiding property. If you notice that they are moving money around, sharing assets with a friend, receiving delayed work payments, or making unusual purchases, then it is important to bring this to your lawyer’s attention. Hiding assets during a divorce can have serious implications. The spouse hiding assets can be subject to legal action, and you could be cheated out of what is rightfully yours.
Requesting Spousal Support in a Divorce
A spouse may file a request for spousal support during a divorce. This means that they are seeking financial support from the other spouse after the divorce. The reason for the request may vary, and judges are not obligated to grant the request. If it is granted, the length of time the spouse can receive payments may vary. When judges evaluate requests for spousal support, they will consider the following factors in accordance with RCW 26.09.090:
- Each party’s financial resources
- Each party’s ability to support themselves
- Time and ability to receive training or education for employment
- Lifestyle developed during the marriage
- Length of the marriage
- Age, health, and psychological health
- Financial obligations of the requesting spouse
- Financial ability to pay spouse
If a judge grants spousal support, the duration of payments will depend on the length of your marriage. Marriages under five years are less likely to receive spousal support than couples who have been married longer. Alimony for marriages between five and 25 years is typically one year for every three to four years of marriage. Marriages lasting more than 25 years are likely to be granted alimony to ensure equal financial standing between both partners.
Parenting Plans are Required to Protect a Child’s Well-being
If you and your spouse have children, custody and child support decisions are an integral part of the divorce process. Decisions should be made with the child’s best interests in mind, and in a way that causes minimal disruption.
Determining child support, child custody, and creating a parenting plan are required in all divorces involving minors. Your parenting plan should outline the following:
- The child’s residence
- Parenting time and visitation schedules
- How holidays and vacations will be handled
- Financial provisions
- Who makes decisions, and by what process
- How education and health care are handled
- Ability to relocate
- How disputes should be handled.
- Communication methods
A Seattle divorce attorney from our law firm will help you make the necessary decisions and de-escalate discussions as needed. They will also review the financial situation of both parents to calculate how much child support may be required by the non-custodial parent. As your legal representation, they will walk you through your obligations, the consequences of violating the agreement, and how to navigate your relationship as co-parents.
Helping Your Child Through a Divorce
Divorce is hard on children, and it is important to provide as much support and structure as possible to support kids during a divorce. Allow them to express their emotions and ensure they feel heard, while communicating that they were not responsible for the divorce. Providing a united front and remaining civil with your ex and co-parent can go a long way in creating a secure environment for your child.
It is also important to help your child adjust to two homes after the divorce is finalized. Letting them have a say in their space and ensuring they have their own space can provide stability and comfort during this time. Hand-offs between both parents should be calm to minimize stress for the child.
Using Alternative Dispute Methods to Resolve Your Divorce
It is not uncommon for divorces to result in conflict. As emotions escalate, it can be easy to lose sight of the matter being discussed. Divorces can become battles and obliterate productive conversations. However, if you and your spouse do not want to have decisions made for you by a judge, then pursuing alternative dispute resolution options can help you retain more control over the outcome. If these methods do not work, though, your divorce will have to be litigated.
Mediation
Mediation is a common method for resolving disputes regarding asset division or parenting plans during a divorce. A neutral third party will guide you through discussions aimed at facilitating an agreement that you and the other party are satisfied with. The benefits of mediation are that it allows you to save the expense of litigation, your matter remains confidential, and gives you more control over your situation.
Collaborative Divorce
The terms of a divorce can be settled through what is known as collaborative divorce. This option allows couples to commit to working together, along with their legal representation, to reach an agreement in their divorce. This is beneficial for working through the details of splitting up property and making parenting decisions, and is far less expensive. This method allows you and your spouse to customize the terms of your divorce.
Arbitration
According to Washington’s arbitration laws, arbitration can be used to help spouses reach an agreement during a family law or child dispute. When both parties have difficulty making decisions during a divorce, a neutral arbitrator can hear both sides and help issue a decision to settle the matter. However, they do not have the authority to finalize a divorce or legal separation for you and your spouse.
Contact our Seattle Divorce Attorney from S.L. Pitts Today
S.L. Pitts helps you navigate the intricacies of divorce and ease the transition as much as possible. Our team provides you with excellent service and years of legal experience to find the right solution for the challenges you are facing. We protect your rights from start to finish so you never have to question if you are being treated fairly. To schedule a consultation and speak with a Seattle divorce attorney on our team, contact us today and learn more about your options.