What to Expect When Going Through Divorce Court in Washington State

Deciding to end a marriage is never easy, and understanding what lies ahead in the legal process can feel overwhelming. If you’re considering or have already filed for divorce in Washington State, knowing what to expect at each stage can help you feel more prepared and empowered to make informed decisions. From the initial filing to the final decree, the divorce process in Washington follows specific procedures designed to ensure fair outcomes for both parties and any children involved.

Understanding Washington’s Divorce Timeline

When you file for divorce in Washington State, the court issues a case schedule that typically sets your trial date approximately one year from your filing date. For example, if you file for divorce on August 1st, your trial would generally be scheduled for August 1st of the following year. However, this doesn’t mean every divorce takes a full year to complete. Many families are able to resolve their cases more quickly, often through mediation or settlement agreements reached before the trial date arrives.

One crucial element that every divorcing couple in Washington must navigate is the mandatory 90-day waiting period. This waiting period is built into state law and applies to every divorce case without exception. Even if you and your spouse have already worked out all the details of your separation—including property division, spousal maintenance, and parenting arrangements—you cannot finalize your divorce until day 91 after filing. This cooling-off period is designed to give couples time to ensure divorce is the right decision and to work through necessary details before the marriage is officially dissolved.

The Discovery Process and Financial Transparency

If you choose to pursue divorce through the litigation route in Washington court, you’ll enter what’s known as the discovery process after filing your petition. Discovery is the formal exchange of information between parties, and it’s a critical component of divorce proceedings. During this phase, you’ll complete interrogatories, which are written questions that must be answered under oath, and respond to requests for production of documents.

Washington courts require complete financial transparency from both parties during a divorce. This means you’ll need to share comprehensive information about your income, assets, debts, expenses, and financial history. The court uses this information to make fair decisions about property division and spousal maintenance. Attempting to hide assets or provide incomplete financial information can result in serious consequences, including sanctions from the court and unfavorable rulings.

Essential Documents for Your Washington Divorce

When preparing for divorce in Washington, gathering the right documents from the start can help your case progress smoothly and efficiently. You’ll need to compile approximately three years of financial records, including tax returns, bank statements, credit card statements, and retirement account statements such as 401(k) or IRA documents.

In King County, these essential documents are commonly referred to as “the ten documents,” and they represent the foundational financial information required to move your divorce forward. These records paint a comprehensive picture of your marital finances, allowing both parties and the court to understand the full scope of assets and liabilities that need to be addressed.

The financial documentation you provide serves two primary purposes. First, it enables equitable distribution of marital property and assets. Washington is a community property state, which means that property acquired during the marriage is generally considered jointly owned and should be divided fairly—though not necessarily equally—between spouses. Second, these documents are essential for determining whether spousal maintenance (also called alimony) is appropriate and, if so, calculating a fair amount.

As your divorce progresses, additional documents may be needed depending on the specific circumstances of your case. Your attorney can guide you on what supplementary materials might be necessary, but having these core financial records organized and ready at the outset demonstrates your commitment to transparency and cooperation.

Developing a Parenting Plan

For divorcing couples with children, creating a parenting plan is one of the most important aspects of the process. A parenting plan is a detailed agreement that outlines how parents will share decision-making responsibilities and parenting time after divorce. It addresses where children will live, how major decisions about education and healthcare will be made, how holidays and vacations will be shared, and how parents will communicate about their children’s needs.

In some situations, developing an appropriate parenting plan requires additional support. If there are concerns about substance abuse, mental health issues, or domestic violence within the family, the court may need to appoint professionals to help assess what arrangements would serve the children’s best interests. A guardian ad litem is an attorney appointed to represent the children’s interests in court, while a parenting evaluator is a mental health professional who conducts a thorough assessment of the family dynamics and makes recommendations to the court about parenting arrangements.

These appointments, when necessary, help ensure that children’s safety and well-being remain the top priority in divorce proceedings. While they add time and expense to the process, they provide valuable insight that helps parents and courts make informed decisions about custody and parenting time.

The Role of Mediation in Washington Divorces

One of the most important things to understand about Washington divorce proceedings is that approximately 90% of cases—possibly even more—ultimately resolve through mediation rather than going to trial. Mediation is mandated by Washington courts for all divorce cases except those involving domestic violence. However, even in cases where domestic violence has occurred, parties can choose to participate in mediation if both agree it’s appropriate and safe for their situation.

Mediation offers several significant advantages over proceeding to trial. It gives you and your spouse agency in the decision-making process, allowing you to craft solutions that work specifically for your family rather than having a judge impose decisions. This collaborative approach often results in more durable agreements because both parties have actively participated in creating the terms of their divorce settlement.

Mediation typically takes place after the discovery process is complete, when both parties have a clear understanding of their financial situation and have developed proposed parenting plans. During mediation sessions, you work with a neutral third-party mediator who facilitates discussion and negotiation between you and your spouse. In many cases, Washington mediations are conducted in a shuttle format, where parties remain in separate rooms and the mediator travels back and forth to convey offers, counteroffers, and facilitate compromise.

This shuttle approach can make the process less confrontational and more comfortable, particularly in cases where there’s significant conflict between spouses. The mediator doesn’t make decisions for you but instead helps you and your spouse find common ground and reach agreements on contested issues.

By resolving your divorce through mediation, you avoid the substantial costs associated with trial preparation, including additional attorney fees, expert witness fees, and court costs. Perhaps more importantly, you maintain more control over the outcome and can work toward solutions that truly reflect your family’s unique needs and circumstances. When mediation results in a complete settlement agreement, that agreement is submitted to the court for approval and becomes part of your final divorce decree.

When Cases Proceed to Trial

While the vast majority of Washington divorces are resolved through mediation, some cases do proceed to trial. If you’re unable to reach a settlement agreement through mediation—perhaps because you and your spouse have fundamental disagreements about property division, spousal maintenance, or parenting arrangements—your case will move forward to the trial date set by the court at the beginning of your case.

Going to trial means presenting your case before a judge who will make binding decisions about all unresolved issues in your divorce. This involves extensive preparation, including organizing evidence, preparing witnesses, developing legal arguments, and presenting testimony. Trials are significantly more expensive and time-consuming than mediation, and they remove your ability to control the outcome. Once you proceed to trial, a judge makes the final decisions based on Washington law and the evidence presented, regardless of what you might have preferred.

Taking the Next Step

Understanding the divorce process in Washington State is the first step toward navigating it successfully. From the mandatory 90-day waiting period to the discovery process, financial disclosure requirements, parenting plan development, and mediation, each phase serves a specific purpose in working toward a fair resolution.

Whether your divorce is straightforward or involves complex financial issues and parenting concerns, having knowledgeable legal guidance makes a significant difference. The attorneys at Elise Buie Family Law understand the intricacies of Washington divorce proceedings and can help you navigate each stage with confidence.