Going through a divorce is one of life's most challenging experiences. Understanding what lies ahead can help reduce anxiety and empower you to make informed decisions. At Bucklin Evans Law Firm, we believe knowledge is power. That's why our experienced family law attorney, Tatiana Gidirimski, has outlined the five key stages of divorce in Washington State.
With 22 years of experience in family law, Tatiana has guided countless clients through every phase of the divorce process. Here's what you need to know.
Stage 1: Filing the Petition and Summons
The divorce process officially begins when one spouse files a petition and summons for divorce with the court. These are straightforward, standardized documents that are available on the Washington Courts website under family law forms.
What Happens During Filing?
Once filed, these documents must be properly served to your spouse. You have two options:
Hire a professional process server to formally deliver the documents
Request informal acceptance of service via email or mail (with your spouse's cooperation)
It's important to note that you cannot serve these documents yourself—Washington law requires a third party to complete service.
Understanding Your Case Schedule
In King County, once you file for divorce, the court issues a case schedule that includes:
Your trial date (typically set approximately one year from filing)
Important deadlines you'll need to meet throughout your case
Key milestones in the divorce timeline
Your attorney will help you understand these deadlines and ensure you meet all requirements on time.
Stage 2: Obtaining Temporary Orders
You shouldn't have to wait a full year for essential matters to be resolved. That's where temporary orders come in. These court orders remain in effect until your divorce is finalized and can address urgent needs immediately.
What Can You Request?
Through a motion for temporary orders, you can ask the court for:
Possession of the family home and an order for your spouse to move out
Spousal maintenance (alimony) during the divorce proceedings
Attorney's fees if you cannot afford legal representation
Child support to ensure your children's needs are met
A temporary parenting plan establishing custody and visitation schedules
The Hearing Process
After filing your motion, a court hearing will be scheduled. The judge will hear arguments from both sides and issue temporary orders. Alternatively, you and your spouse can negotiate agreed-upon temporary orders with the help of your attorneys, which actually happens quite frequently and can save time and money.
Having temporary orders in place provides stability and reduces the stress of the divorce process while your case moves forward.
Stage 3: Discovery and Information Gathering
Discovery is the investigative phase of your divorce. This is when you and your attorney collect all the information necessary to understand the full financial picture of your marriage and make informed decisions about property division, support, and other key issues.
Types of Documents Collected
Discovery typically involves gathering:
Bank account statements and financial records
Pay stubs and W-2 forms
Tax returns (often multiple years)
Credit card statements
Investment and retirement account information
Property valuations and appraisals
Business records (if applicable)
Formal vs. Informal Discovery
Discovery can be conducted in two ways:
Informal Discovery Exchange: Spouses voluntarily exchange documents and information with guidance from their attorneys. This is typically faster and less expensive.
Formal Discovery Requests: This involves official written requests that must be answered under oath. This method is more thorough and creates a formal record, which can be important in complex or contentious cases.
Depositions
In some cases, depositions may be necessary. A deposition is sworn testimony taken outside of court where you, your spouse, or other relevant witnesses answer questions under oath while a court reporter records everything.
Proper preparation for a deposition is crucial—your attorney will thoroughly prepare you and be present during the deposition to protect your interests and object to any improper questions.
Stage 4: Settlement Through Mediation
Most divorces in Washington State are resolved through mediation rather than trial. Mediation is a collaborative process that can save you significant time, money, and emotional stress.
How Mediation Works
Mediation involves hiring a neutral third-party professional (the mediator) who:
Has no personal interest in the outcome of your case
Is paid equally by both parties
Facilitates communication between you and your spouse
Helps identify common ground and potential solutions
"Shuttles" between parties to negotiate settlement terms
The Mediation Setting
Traditionally, mediation takes place at the mediator's office with you and your attorney in one room and your spouse with their attorney in another room. The mediator moves between rooms, carrying offers and counteroffers until an agreement is reached.
Since COVID-19, Zoom mediation has become increasingly common and has proven just as effective as in-person sessions while offering added convenience and flexibility.
If Settlement Is Reached
When mediation is successful, your attorneys will draft final divorce orders reflecting your agreement. Once signed by the judge, your divorce is finalized. This is by far the most efficient and cost-effective way to end a marriage.
Stage 5: Trial (If Settlement Fails)
If mediation doesn't result in a settlement, your case will proceed to trial. This is the only other way to finalize your divorce when you and your spouse cannot reach an agreement.
Trial Preparation
Preparing for trial is an intensive process that involves:
Additional exchange of financial information
Preparing you and your witnesses for oral testimony
Organizing exhibits and evidence
Developing legal arguments and trial strategy
Significant time commitment from both you and your attorney
What to Expect at Trial
In Washington State, family law trials have some unique characteristics:
No Jury: Unlike many other types of legal cases, family law matters are decided solely by a judge. While this may seem concerning, it actually makes trials faster and less expensive than jury trials.
Trial Length: Depending on the complexity of your case, a divorce trial can last anywhere from three days to three weeks in extreme situations.
Final Orders: After hearing all evidence and testimony, the judge will issue a final order that resolves all outstanding issues in your divorce.
Trial should be considered a last resort due to the significant expense and emotional toll involved, but sometimes it's necessary to protect your interests.
Why Legal Representation Matters
While it's possible to represent yourself in a divorce, having an experienced family law attorney by your side provides invaluable benefits at every stage:
Expert guidance through complex legal procedures
Protection of your legal rights and interests
Skilled negotiation to achieve favorable outcomes
Reduced stress knowing someone is advocating for you
Avoidance of costly mistakes that could affect you for years
At Bucklin Evans Law Firm, we've helped countless Washington families navigate the divorce process with compassion, skill, and dedication.
Ready to Take the Next Step?
If you're considering divorce or already in the process, don't navigate it alone. Contact Bucklin Evans Law Firm today to schedule a consultation. Our experienced family law team will listen to your situation, answer your questions, and help you understand your options.
Every divorce is unique, and you deserve personalized legal guidance tailored to your specific circumstances. Let us help you move forward with confidence.
Disclaimer: This article provides general legal information and does not constitute legal advice. Laws vary by state, and every divorce case is unique. Consult with a qualified family law attorney in your jurisdiction for advice specific to your situation.