Divorce cases in Washington are tried by a judge not a jury. During trial, your divorce attorney will present your case to the judge through testimony of witnesses (including yourself) and by providing documents called "exhibits."
A Seattle divorce attorney can help you determine what special issues your divorce may have, as well as what your court dates and trial may be like. To learn more about what to expect from your divorce trial, contact the Law Offices of Molly B. Kenny today: 425-460-0550.
There are also additional service requirements that you should discuss with your family law attorney. After you file with the court your motion and order allowing judgment by default, Washington law provides that you wait a minimum of 90 days after your spouse was served to finalize your dissolution.
Courthouse Packets. Some, or perhaps all, Washington Superior Court clerk’s offices sell divorce packets for $50 or less. The packets contain forms and instructions. Family Law Facilitators.
The pre-trial brief shall contain, among others: (a) a summary of admitted facts and proposed stipulation of facts; (b) the main factual and legal issues; (c) the documents or other object evidence to be marked; and (d) the names of the witnesses, and the summary of their testimonies.
Step 1: Determine your response deadline.Step 2: Fill out these forms.Step 3: Take your original forms to the Clerk's Office and file. ... Step 4: Have the other party served. ... Step 5: You and your spouse/registered domestic partner must go to a.Step 6: Follow your Case Schedule. ... Step 7: Complete your final documents.
There may also be issues that do not necessarily need to be briefed initially, but in anticipation of them being raised, many lawyers like to prepare “pocket briefs.” These are short briefs on single issues that you may hold until trial, and then present upon that issue arising.
20 daysHow Long Do I Have to Respond? In the state of Washington, you typically have 20 days to reply to the petition and summons with a legal answer. The clock begins from the date you received service.
If your spouse refuses to sign the divorce papers, you can still get a divorce in Washington state. As long as your spouse is served the papers, notifying them that you are seeking divorce, you can legally proceed with the divorce process if they don't respond within the given time limit.
21 daysDivorce papers can be served by personal service, certified mail, or signing for the documents. If the papers were handed to you by a process server, or by any adult other than your spouse, you have 21 days to respond, assuming you were properly served.
Does the Introduction articulate the party's claim and introduce the theory of the case by referring to the case facts? Are the parties identified? Is the procedural history included?
Trial Briefs: Unless otherwise ordered by the Court, trial briefs are required. Pursuant to Local Bankruptcy Rule 9013-2(a), trial briefs shall be filed seven (7) calendar days prior to trial.
Because it is important to specify the legal bases for your objections, a trial brief ensures you do not forget important grounds for the objections. In the battle of trial, it is far better to rely on a trial brief than to try to recall from memory evidentiary objections learned in law school.
How Long Does it Take to Get an Uncontested Divorce in Washington State? An uncontested divorce in Washington State takes an average of three months to complete. Contrastingly, a contested divorce can easily take twelve months or longer, depending on the complexity of the marital assets.
If you respond, this means you will participate in the divorce process and have input on any court decisions. You and your spouse may still agree and not need to go to court. If you don't agree, you can use a court process to have the court decide.
A court in Washington State will usually a) award each party his or her own separate property and b) divide the net value of the parties' community property 50/50. This means the husband keeps what he brought to the marriage, the wife keeps what she brought, and the rest gets split between them equally.
If you income qualify, you might receive live legal assistance from Northwest Justice Project by calling 1-888-201-1014. Expect to spend a few hours trying to get through on the phone—these services are in high demand. I personally volunteer there, as do most divorce and family law attorneys I know.
Peaceful Separations charges around $600 – $700 per case , which includes the over $300 court filing fee. I have no affiliation with Peaceful Separations—my recommendation is completely unbiased. As a word of warning, you should only use a flat fee divorce service if it has a licensed Washington attorney on staff.
In most circumstances it is best that you file for divorce in the county where you or your spouse resides. Your attorney need not be located in the same county where your divorce is filed. Any attorney licensed in Washington can practice in all Washington counties.
You or your spouse lives in Washington; You are a member of the armed forces stationed in Washington; Your spouse is a member of the armed forces stationed in Washington and will continue to be so for at least 90 days following the date that you file and serve the divorce papers.
If your spouse chooses not to respond, you divorce is uncontested and you can proceed to Step 9.
Review the summons and petition carefully, and discuss your concerns with your divorce attorney. You usually have 20 days to respond to the petition. Do not procrastinate.
Temporary Hearings. You may file a motion for temporary orders asking the court to make temporary orders regarding child support, a temporary parenting plan for your kids, who will reside in your home, and finances while your case is pending.
You usually have 20 days to respond to the petition. Do not procrastinate. Consider the time it will take you to hire an attorney, review the petition, locate paperwork and records, and complete any other tasks involved in preparing your response to the petition and filing it with the Washington court.
Trial. If you are unable to resolve all issues in your divorce then you will each present your case to the judge at a trial. The judge will decide on the issues, approve final orders and final judgment (s) (as appropriate), and finalize your divorce.
Keep an Open Mind Divorce Pretrial. While you want to be confident and determined in achieving your goals in the pretrial, you should recognize that you may not have considered every detail. Keep an open mind as you prepare for the pretrial conference and as it is underway.
After filing for divorce, a pretrial conference will be set before you and your spouse officially appear in court. In most types of court cases, the pre trial meeting is more of a status conference. It gives both sides a chance to organize their cases before the actual court date.
Even if it seems unlikely that your spouse will cooperate at the meeting, attitudes often change in the presence of a mediator. If, for some reason, you and your spouse cannot reach an agreement, the conference gives you a chance to write a pretrial memorandum.
In fact, most divorce cases are never argued before a judge, since all of the issues have already been settled in the pretrial hearing, and a signed pretrial order is strong enough to stand up to any other legal scrutiny.
No, these options are very different. While divorce in Washington state completely ends your marriage, you will still be married after legal separation.
Getting divorced in Washington state presupposes that the spouses are no longer willing to maintain any relationships and are willing to end their marriage. In this regard, both can remarry and manage their property and assets, if any, after the divorce.
Filing for legal separation is very similar to filing for divorce in Washington state:
A judge may also ask you and your spouse to make a final attempt at settlement. Typically, pretrial conferences are held in a judge’s chambers—a more informal setting than a courtroom. Usually only attorneys are invited in chambers and a judge may use this time to be frank about each spouse’s likelihood of succeeding on their claims at trial. ...
Pretrial conferences are required in every divorce case so that couples can try to settle their cases and avoid the expense and stress of trial. By Kristina Otterstrom, Attorney. Published: Dec 20th, 2017.
Attending a pretrial conference reminds everyone that trial is right around the corner. Because there is a lot of time and exp ense involved in going to trial, some couples jump at the opportunity to settle their case. Sometimes spouses don't realize how weak certain positions in their case really are until a pretrial conference, ...
Once you and your spouse acknowledge the settlement on the record, your attorney will file some final paperwork and your case is complete. If you and your spouse aren’t able to reach an agreement, you’ll move forward with trial.
A pretrial conference is usually the last hearing scheduled in your case before trial. By this point in your divorce, you understand the issues, your spouse’s position, and your likelihood of succeeding on your claims. Attending a pretrial conference reminds everyone that trial is right around the corner. Because there is a lot of time and expense ...
Sometimes spouses don't realize how weak certain positions in their case really are until a pretrial conference, where a judge will be more forthright about the likelihood of success for either spouse.
Your attorney will be there to offer advice, but ultimately the decision to settle is yours. Don’t settle unless you think the settlement is fair to you.
If your divorce is headed for trial, you absolutely need to be prepared for what’s to come. Keep in mind that only about 5% of divorces end up going to trial. Even if you think you and your spouse are likely to settle before going to trial, it’s still helpful to know how divorce trials work so you’re prepared for the worst-case scenario. ...
Most of the time, you and your attorney will need to accomplish the following before you go to trial. Preparation of financial affidavits . A judge will want to know what your financial position is just before you go to trial. An exchange of disclosures .
During a trial, both sides will present evidence and call witnesses to support their claims on issues such as a division of assets, child custody, spousal and child support and other related matters.
Divorces start when one spouse files a complaint or petition to dissolve the marriage. The court clerk opens the case, and at that time, the petition and every other court document filed in the matter becomes public record. This is part of the reason why such a low percentage of divorces make it to trial.
Trials are lengthy, stressful, and expensive. That’s why only about about 5% of all divorces ends up in a full-blown, contested trial. Often times, the stakes are high, and there’s no guarantee of the outcome. That’s why spouses opt for other types of settlements before their cases end up in court.
Written order. The judge will issue a written order that finalizes the divorce and rules on all the issues presented at trial.
The two biggest issues are how assets should be divided, and custody and support issues when there are children involved.