A Seattle divorce action (“dissolution”) starts by filing a Summons and a Petition for Dissolution of Marriage in Superior Court, almost always in the county where at least one party resides. Seattle divorce actions are filed at the King County Superior Courthouse, 6th floor, downtown Seattle, or at the Kent RJC. When filing the case, the clerk will hand the filer a case schedule which names the assigned judge and sets a trial date, usually set ten months to twelve months from the date of filing.

Mandatory forms are required by law for dissolution in Washington and are available from the State of Washington Courts’ web site. For mandatory Washington State Seattle divorce forms, please see Seattle divorce forms. Furthermore, the use of these forms helps keeps Seattle divorce parties organized and consistent.

The next step after filing is getting the other party served with copies of the Petition and Summons. Various methods of service are possible and are covered in the Washington State Superior Court Rules. (Please note, certain areas of Seattle divorce and family law actions – really any kind of case filed in King County - are also ruled by King County Local Rules as well as the State Civil Rules. In fact, most counties now have their own local rules that must be followed there.

Before being granted a Decree of Dissolution, the parties must wait at least ninety days after service of the Petition and Summons. Once this 90 day period has passed, the parties may finish their Seattle divorce by agreement. When finalizing a dissolution, the court will enter two documents which contain the resolution of all issues: the Decree of Dissolution and the Findings of Fact and Conclusions of Law. If the parties are in agreement, they may draft these documents and present them to the court for approval without a trial. In Seattle divorces, agreed documents can be presented to the Superior Court Ex Parte department, and they will be entered if they are reasonable. However, if the parties cannot agree on one or more issues before their assigned trial date, a trial will commence and a judge will decide the unresolved Seattle divorce issues during a non-jury trial.

Because finalization of a Seattle divorce can take from ninety days to years, temporary orders may be entered shortly after filing. Either party may motion the court for such orders, and they can be done by agreement or by a judge at a hearing. The issues for temporary orders are nearly the same as for finalization: a residential and visitation schedule for the children, a temporary order of child support, payment schedules for household expenses and debt, alimony, healthcare coverage, and use of property—anything the family requires to adapt to their new separate life. Each of these issues is discussed in more detail in other articles on this web site.

Seattle divorce lawyers usually file temporary orders motions to be heard by a court commissioner in the downtown courthouse, or at the Kent RJC.

Parties who want to resolve their marital difficulties short of ending their marriage can opt for legal separation. Legal Separation actions are nearly the same as Seattle divorce actions as the issues are the same, except that at the end of a Legal Separation action, the parties will remain married but legally separated.

Invalidity of Marriage is an action that seeks to have a marriage declared void for some legal defect in the execution or other circumstances surrounding the marriage.

For more information on Seattle divorce, or divorce anywhere in Washington, contact the law firm of McKinley Irvin.

For specific statutory Seattle divorce language, please see Chapter 26.09 RCW: Dissolution of marriage — legal separation