Frequently Asked Questions

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An uncontested divorce means both spouses agree on every choice like property and kids. A contested divorce means spouses disagree on one or more things, and either the parties must come to an agreement either on their own, through mediation or arbitration or through their hired attorneys, a judge must decide for them in court. 

In Washington state, a divorce takes a minimum of 90 days due to a mandatory cooling-off waiting period. However, the average uncontested divorce takes 3 to 6 months, while contested or complex cases involving property and child custody typically last 6 months to a year or longer. This all depends on a lot of factors, but mainly how contentious the divorce becomes, what assets the parties are dividing, and how complicated the parenting plan is.

No, you do not need an attorney to file for divorce in Washington state. You have the legal right to represent yourself (pro se), file your own paperwork, and navigate the court system independently. 

A divorce in Washington State costs anywhere from $300-$500 depending on which county you file in for a do-it-yourself, uncontested case to over $15,000–$60,000 if you have a contested court battle with lawyers. The average cost for a typical divorce with attorneys ranges from $10,500 to $15,000 for couples without children, and rises to $20,000 to $50,000+ if children or complex property are involved and trial is necessary.

In Washington State, a spouse cannot stop a divorce by refusing to sign the papers. Washington is a "no-fault" divorce state, meaning the court only requires one spouse to state under oath that the marriage is broken beyond repair. If your spouse refuses to sign or cooperate, the legal process moves forward through alternative paths

In Washington state, there is no strict mandatory waiting period (like a specific number of months or years) required before you can file to modify a final parenting plan. However, Washington law (RCW 26.09.260) requires you to prove a substantial change in circumstances that occurred after the final order was entered, and filing too soon can make it difficult to prove that circumstances have meaningfully changed. Typically courts will not consider modification too soon after final orders have been entered.

In Washington State, a parenting plan is a legal court order. If a parent violates it, you can document the incidents and file a Motion for Contempt of Court under RCW 26.09.160 through the court that issued your plan.

In Washington state, civil protection orders are split into six main categories handled via a unified petition process: Domestic Violence (intimate partners/family), Anti-Harassment (neighbors/acquaintances), Sexual Assault, Stalking, Vulnerable Adult, and Extreme Risk (firearm threats). The specific order you need depends strictly on your relationship to the other person and the type of behavior you experienced. You will need to file a petition with the court for the right type of protection you seek as well as supporting documentation detailing specific acts of abuse, stalking, domestic violence, or unlawful harassment.. You will then go before a commissioner who will determine if your protection order is granted on a temporary basis and if so, you will then serve the other party with notice of a full hearing which will determine how long your protection order will last. 

In a high-conflict family law case, protect yourself by keeping all communication in writing through neutral co-parenting apps, documenting facts instead of reacting emotionally, strictly following court orders, and hiring an attorney who has specific experience managing high-conflict disputes. Here at Stone Law, we always encourage clients to journal everything that could potentially be important for your case. This includes parenting conflicts, allegations of abuse, and moving finances, which are among some of the most common issues we see. 

You should hire a family law attorney when you face major legal changes or disputes involving divorce, child custody, adoption, or domestic abuse. It is smart to get a lawyer early if your case involves high conflict, hidden money, or complex property. It is oftentimes less expensive to have an attorney start your case from scratch., than to fix mistakes after a DIY attempt. Clients have the best intentions but court forms and filings are oftentimes complicated and each county has specific court rules that must be followed or your case may not be heard.