An “uncontested divorce” is a term used to describe an out-of-court divorce in Washington state in which both parties agree about all legal aspects of the divorce and file for divorce jointly. In Washington state, couples who want to file for uncontested divorce file a joint divorce petition to start divorce proceedings (the Petition for Divorce (Dissolution) can be downloaded here), though individual counties may have specific more requirements (see King County’s list of initial paperwork here). For the divorce to be uncontested, both parties must sign the petition and the paperwork.
In an uncontested divorce, both spouses agree about every legal aspect of their divorce settlement. This means that both parties agree about which assets and debts are shared, which assets and debts are separate, and they agree about how to divide marital assets and debts. If a couple has minor children, they agree about the parenting plan, visitation, child custody, and child support.
Finally, in an uncontested divorce both parties agree about how legal fees will be paid or split.
The law offers general guidelines about how community (also known as marital or shared property) should be split in a divorce. It also offers general guidelines for the best interests of the children. Within these legal frameworks, there is a great deal of room for couples and legal experts to debate the best path forward. With an uncontested divorce, both parties agree.
Unlike a contested divorce, where a divorcing couple will typically submit divorce paperwork separately, and the divorce will move through the courts, with uncontested divorce, both parties can settle their divorce without going to court. In a contested divorce, the divorce is settled through court intervention, court-ordered mediation, or a judge’s ruling on the case. With an uncontested divorce, the divorce is settled through negotiation or through mutual agreement outside of court. This allows the couple to retain greater control of the outcome in their divorce.
Uncontested divorce might also be referred to as low-conflict or amicable divorce.
Yet, there are many misconceptions about uncontested divorce. In this article, the Washington state collaborative divorce lawyers and mediators at Truce Law will walk you through what to expect if you plan to file for uncontested divorce in the state of Washington, including the paperwork you’ll need to file, how long it takes, and what it costs, and then take some time to dispel some common myths about uncontested divorce.
- The Uncontested Divorce Process
- Uncontested Divorce Paperwork
- How Long Does Uncontested Divorce Take?
- How Much Does Uncontested Divorce Cost?
- Common Misconceptions About Uncontested Divorce
The Uncontested Divorce Process
Let’s look at the uncontested divorce process in King County (Seattle) as an example, of how the uncontested divorce process unfolds in the state of Washington.
You ask for a divorce
You have the tough conversation and decide to get divorced. After a long talk, or several long talks, you and your spouse agree to file for uncontested divorce. This may either be because you agree about every aspect of your divorce, or because you’ve committed to working with a mediator or your collaborative divorce lawyers to settle your disagreements at the negotiating table, rather than take your divorce to court.
You hire divorce lawyers
Even if you agree about everything in your divorce, most state courts will still advise both parties to hire a divorce lawyer to represent them in drafting the uncontested divorce paperwork.
King County provides information and instructions for how couples can file for uncontested divorce but notes that the information isn’t “substitute for legal advice.” A divorce lawyer representing your interests can help you understand your rights when it comes to community property laws in the state of Washington. How the laws apply in your specific situation may not always be clear, simple, or apparent.
A divorce lawyer can protect you from signing a divorce agreement that isn’t in your best interests. Having a divorce lawyer on your side can also protect your interests where there is an imbalance of power.
In uncontested divorces one person (usually the lower-earning or less-empowered partner) might agree to everything their spouse wants because they want to keep the peace, and this might not be in the lower-earning spouse’s best interests. And if you can’t agree about everything, but are still committed to filing for uncontested divorce, at this stage, you’ll hire collaborative divorce lawyers or mediators to help you negotiate your divorce agreement. Instead of filing for divorce with your individual demands and going back and forth through the courts, the collaborative divorce attorneys at Truce Law can sit down with you at the negotiating table, helping you reach a settlement that protects your interests and rights, while also being fair to both parties.
Your Divorce Lawyers Help You Fill Out the Required Forms Completely and Thoroughly
Once you agree about everything, your lawyers will fill out the required initial forms.
File and Pay the Filing Fee
In King County, the filing fee for Dissolution of Marriage is $314.
Complete any Required Classes
If you have children, you’ll be required to complete a parenting seminar.
Fill Out Additional Required Forms
To finalize your uncontested divorce without having to appear before a judge, you’ll need to fill out additional forms. Your divorce lawyers can help you fill out the final forms, which include Findings and Conclusions About a Marriage; Final Divorce Order; Parenting Plan (Final); Child Support Order; Child Support Worksheets; Child Support Schedule and Instructions; and any additional documents, if they are required. All paperwork must be properly signed.
Representation
If you have hired divorce lawyers to help you with the divorce paperwork, your divorce lawyers will review everything and help you formally file this paperwork with the court. If you do not have legal representation, you’ll have to schedule an appointment with a facilitator. It’s important to understand that the facilitator cannot provide you with legal advice—only advise you about whether paperwork is incomplete or if there are issues.
Finalization
After the 90-day waiting period, your divorce will be finalized.
Uncontested Divorce Paperwork
There is a great deal of paperwork that goes into filing for uncontested divorce in King County. You can find a complete list of all the paperwork here.
Here are the forms you’ll need to need to file initially:
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- Case Assignment Area Form and Case Information Cover Sheet
- Confidential Information
- Certificate of Dissolution (Vital Statistics)
- Petition for Divorce (Dissolution)
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And if you have minor children:
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- Attachment to Confidential Information
- Parenting Plan (Proposed)
- Declaration About Public Assistance
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The final documents required to finalize your divorce (without minor children) include:
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- Declaration in Lieu of Formal Proof (without kids)
- Findings and Conclusions About a Marriage
- Final Divorce Order (Dissolution Decree)
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And the final documents required to finalize your divorce (with minor children) include:
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- Declaration in Lieu of Formal Proof (with kids)
- Findings and Conclusions About a Marriage
- Final Divorce Order (Dissolution Decree)
- Parenting Plan (Final)
- Child Support Order
- Child Support Worksheets
- Child Support Schedule & Instructions
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The collaborative divorce lawyers at Truce Law can provide you a packet with all this paperwork, but more importantly, we can work with you and your former partner to fill this paperwork out properly.
How Long Does Uncontested Divorce Take?
It will take at least 90-days for you to finalize your uncontested divorce. This is because in Washington state there is a 90-day “cooling off” or waiting period before any divorce can be finalized. So, even if you submit everything completed on day 1 (which you can do with the help of the collaborative divorce lawyers at Truce Law), you’ll need to wait 90-days before the court will finalize your divorce.
Again, the 90-day timeline assumes that you and your partner agree about everything from day one.
Most couples who file for uncontested divorce might need additional support in working out their divorce settlement. They might need to sit down for negotiations with their divorce attorneys to work out the parenting plan, the division of property, or other aspects of the divorce.
Some of the common areas where divorcing couples can run into trouble when negotiating their way to uncontested divorce include:
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- Parenting. Even when two people are relatively aligned about how they want to parent their children, disputes can arise when they file for divorce. For example, divorcing couples might struggle to find a parenting time share arrangement that aligns with both parents’ and children’s schedules, especially if everyone has a full calendar. And sometimes, parents might have different ideas about how to handle major decision-making for the children after divorce.
- Deciding What to Do with the Family Home. If you co-own a family home, there’s often a great deal of emotional attachment involved. Deciding what to do with the family home might involve some negotiation and compromise.
- Deciding What to Do About Investments, Pension, Retirement, and Equity Compensation. You might be required to split more assets than you initially realize. A collaborative divorce lawyer can help you work out what to do about more complex assets like pensions, retirement, investments, and equity compensation.
- Deciding What to Do About Debts. Deciding which marital debts benefitted whom can sometimes get complicated, especially if one partner might find themselves on the hook for their spouses’ educational debt, or personal credit card expenses. This is where a collaborative divorce lawyer can help the couple work things out.
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If conflicts do arise during the negotiation stage, filing for uncontested divorce might take longer than 90 days because you and your spouse will work with your collaborative divorce lawyers over one or several meetings to negotiate these finer points, first.
How Much Does Uncontested Divorce Cost?
The filing fee for a joint petition for Dissolution of Marriage is $314.
The legal costs of your uncontested divorce will depend on how much legal support (and support from other professionals) you and your former partner will need to reach a fair and equitable divorce settlement. It can be difficult to estimate cost without specific details about your case. If you have questions about what your uncontested divorce might cost, reach out to the collaborative divorce attorneys at Truce Law.
Uncontested divorce can often cost less than contested divorce, but every case is unique. We can talk through your situation and help you explore your options.
Common Misconceptions About Uncontested Divorce
One of the most common misconceptions about uncontested divorce is that you won’t need a divorce lawyer to file. Even if you agree about everything, it’s always best practice to have any legal agreement reviewed by your own attorneys. Your divorce attorney can also review your situation and advise you if there are any residency or jurisdiction issues with filing for divorce in Washington state. To file for uncontested divorce in Washington state, you’ll need to meet residency requirements.
Uncontested divorce is often portrayed as an option only for divorcing couples who happen to be on friendly terms, or when two people happen to be amicably inclined. Uncontested divorce is sometimes portrayed only as an option for couples with no children who have very few or no assets. In this misconceived view of uncontested divorce, a couple that files for uncontested divorce just happens to agree about every aspect of their divorce or happens to have few assets, allowing them to file for divorce more easily than the rest of the population getting divorced.
The reality is that with the right team, even couples with complex financial situations, conflict, and children can get divorced.
Unexpected conflict is one common roadblock that couples face when trying to file for uncontested divorce.
What sometimes happens, is that couples start out wanting to file for uncontested divorce. They go into the process with the best intentions to keep their divorce amicable and peaceful, but then they run into conflict. As they talk through the many details of settling their divorce, a disagreement inevitably arises.
The disagreement can stem from many areas, but it can arise when the couple discovers that hammering out a child custody timeshare agreement that works for everyone’s tight schedule is easier said than done. Or the couple might agree about how to split most financial accounts but gets stuck when deciding what to do with the family home. Or perhaps the couple agrees about how to split most assets, but when it comes to dealing with debt, they get into trouble and conflict. Or maybe one person wants alimony and the other doesn’t see why it’s necessary. Or maybe your partner agrees that everything in your savings and retirement account is fair game to split, but when it comes to equity compensation, he or she isn’t willing to budge. The list goes on and on…
So, what ends up happening is that many couples hit an impasse in their informal discussions or negotiations, decide that uncontested divorce isn’t right for them, and then end up lawyering up, or taking the divorce to court.
They then find themselves mired in months or even years of litigation.
Or one party, usually the lower-earning partner or less-empowered partner in the relationship ends up giving up their position to keep the peace.
Neither of these options is good.
There is another path forward.
The Washington state collaborative divorce lawyers and mediators at Truce Law know firsthand that most uncontested divorces don’t “just happen.”
We’re here to tell you that even if you hit a roadblock on your path to uncontested divorce or find yourself facing conflict about aspects of your divorce, uncontested divorce doesn’t have to be off the table.
Because here’s the truth:
Most amicable divorces don’t just happen.
Most uncontested divorces are the result of careful planning, negotiation, and commitment.
At Truce Law, we believe that most divorces can ultimately become uncontested divorces, but three key elements are required for this to happen:
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- Buy-In from Both Parties. Both parties must be willing to negotiate in good faith, and be committed to settling the divorce amicably, and outside of court. Both people must make filing for uncontested divorce their goal and endgame.
- Having the Right Team. Both parties might want to hire divorce lawyers or meditators committed to peaceful conflict resolution. Many lawyers take an adversarial approach. Collaborative divorce lawyers and mediators are committed to peaceful conflict resolution and have negotiation strategies and the right contacts (in the form of counselors, therapists, financial planners, and more) to help couples make this happen—even when things are complex or solutions aren’t always apparent. Collaborative lawyers are skilled in working together and with their clients in helping them achieve their goal of filing for uncontested divorce.
- Hard Work. Having an amicable or uncontested divorce is often portrayed as something “easy,” or something that just happens because a couple is lucky enough to happen to agree about everything. And yes, for some couples, it can be this easy. (And if you happen to be one of these couples, Truce Law can help you draft and finalize the paperwork for your uncontested divorce as quickly as possible after all required waiting periods have been met). Then, again, for many couples, reaching the point where they can file for uncontested divorce might require time at the negotiating table, counseling sessions, meetings with financial planners, close work with estate and retirement planners, and more.
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So, even if you have conflicts or disagreements, you may still be able to ultimately file for uncontested divorce, but this requires that you both agree to use the collaborative divorce process, or agree to work with a mediator to get there.
Truce Law is a collaborative divorce law firm in the state of Washington, with a team of mediators and collaborative divorce lawyers who work with couples facing a range of complex issues, helping them achieve their goal of divorcing amicably, and filing for uncontested divorce outside of court. We help couples get divorced—on their own terms.
Contact our team for a Case Evaluation.
This article is for educational purposes only and does not constitute legal advice. Every situation is unique. For guidance specific to your circumstances, consult a licensed family law attorney in your area.