When can I get a Divorce?

Getting a divorce is a big decision, you simply cannot just decide one day and get a divorce. It takes you a while to think about the pros and cons of divorce. There are certain laws and procedures that need to be followed when filing for a divorce. The spouses need to discuss and streamline all the possible outcomes. Before considering divorce there are a few questions you need to ask yourself:

  1. Are you willing to take control of your life in a mature and responsible way?

Many times, we just opt for a divorce because we are unable to solve conflicts and just want to end things based on anger and frustration. Think it through and ask yourself again and again if there’s any chance left that you haven’t tried your best to solve the on-going problems.

  1. Will you be able to handle the consequences of the Divorce?

Divorce is not as simple as it sounds, it takes a lot of time for you to get over a habit, similar is the case with your partner, it will take a long time for you to get over him/her. You might think that it’s going to be easy for you to take charge and start doing things your way but little do we realise that there are a lot of chores/things that are divided between partners when they’re sharing responsibilities.

  1. Are you thinking about your children?

Children are the ones who suffer the most during the divorce; they get confused and feel violated since they’re being tossed between their parents. It is very traumatising for them since they are habitual of seeing their parents together and married. Think about how they might react and respond to your actions. If your spouse is unfair to the children, it might make sense to them, but if not then there’s a chance they’ll develop an understanding that neither of the parents want them splitting up is not just an option.

  1. Do you still have feelings for your partner?

Divorce revolves around a lot of emotions and involves thorough thinking. You need to consider each and every aspect that includes you and your husband. You need to evaluate and rethink about the possibilities of you not wanting to revert back to your husband or your decision. Once the divorce is finalised, it’s going to be a very complicated process to get back and re-do things. So think it through again and again and don’t let your emotions get in the way.

If you have answered the questions above, it is likely that you will be concerned about the time it’s going to take for the divorce to commence. The minimum waiting period to get a divorce in Washington State is 90 days. This is the minimum required period before the court will finalise your divorce.

There are only two legal grounds on which you can file for divorce:

However, there are a few things that need to be kept in mind when filing for a divorce in Washington.

  • Washington is a ‘community property’ state which means that all the property acquired during the marriage is basically the couple’s joint property until and unless it is declared as a gift or the spouses agrees to keep it entitled to one of them only.
  • There is an advantage if you file for a divorce in Washington State, it is a no-fault state which means that the court would not be interested in determining which spouse is at fault and does not even require both spouses to declare the marriage over. If one spouse says it’s over, then it means it is.
  • Washington is a fair and equitable state, which means that it is not necessary that the assets and liabilities should be divided among the spouses in a 50/50 manner but it will be fair and based upon ground evidences of property and assets purchased.

After knowing the facts you need to properly file for the divorce so as to begin the process.

Firstly, you complete the divorce form, also known as the divorce petition which needs to be filed by one spouse and then served to the other spouse. File the divorce in the country/county you live in not at the place where you got married and then serve your spouse with the divorce papers/petition.

Normally it takes ninety (90) days to get a divorce but it may take longer if your spouse has objections in any aspect of your petition. Other issues like cash, property and child abuse etc. may drag the case even longer.

Usually these steps are followed by divorce attorneys for their clients and they guide them through it. But if you are not consulting an attorney right from the start then you need to brief all details to your attorney first hand. Getting a divorce in Washington might not be a difficult task but the process has certain limitations and procedures.

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