A marriage ends when one spouse dies. It can also end by a court order, such as

a “decree of invalidity “ (annulment) or a “decree of dissolution of marriage”

(divorce). A “decree of legal separation” does not end the marriage, but it can

affect property, finances, and raising children just like a divorce. An attorney can

help you decide what is best for you and give important advice about your rights

and responsibilities if your marriage is ending.

An annulment is a court order that says a marriage is invalid. In Washington, an

annulment is called a "Decree of Invalidity." Annulments are rare, and are only

granted in situations where there was some legal defect from the start of the

marriage that makes it invalid. Even if the marriage was not valid from the

beginning, the court still has the power to divide the property, enter a parenting

plan for children, and make financial orders.

A legal separation means that the spouses are separating but not ending their

marriage. It means more than living in separate homes. Spouses may file a legal

action, known as a Petition for Legal Separation. They also can make a formal

legal contract without going to court. Spouses may choose to separate rather

than divorce for religious, economic, or other reasons. There is no requirement

that a couple be separated before getting a divorce. A legal separation can be

converted into a divorce once six months have passed since the Decree of Legal

Separation was entered.

A dissolution of marriage is a divorce and legally ends the marriage. In

Washington, one or both spouses can file for dissolution if a marriage falls apart.

The law uses the term “irretrievably broken” to describe this situation. A

marriage is “irretrievably broken” if one of the spouses says it is. The other

spouse does not have to agree that the marriage is irretrievably broken in order

for one spouse to file for a divorce. In Washington, a spouse does not have to

prove wrongdoing (such as cruelty or adultery) to get a divorce. This no-fault

system is intended to help spouses settle matters without unnecessary

bitterness or resentment. The court will enter orders for parenting arrangements,

how children will be supported, dividing the couple’s property and debts, and

possibly for spousal support (alimony).

You need only to reside in Washington on the date that your petition for

dissolution of marriage is filed. There is no requirement that you reside in

Washington for any specific amount of time.

To start a divorce, one spouse (called the "petitioner") must file with the court a

summons and petition for dissolution of marriage. Sometimes additional

documents, such as a proposed parenting plan, or proposed child support

worksheets may also be filed. These documents are filed in the County Clerk’s

office. Information about filing fees and other filing requirements is available at

the Clerk’s office.

These documents must be served on the other spouse (known as the

"respondent"), usually by having copies delivered to him or her. The legal term

for delivery of legal documents is called “service of process.” It is important to

carefully follow the laws and rules about service of process.

The purpose of the summons is to command the responding spouse to reply to

the petition. The petition sets out basic facts about the marriage, such as ages

of children, date of the marriage, and date of separation. It also explains what

the petitioning spouse wants in the way of a parenting plan, property division,

and support. Once served, and depending on the recipient’s location (whether

in Washington or elsewhere), the responding spouse has from 20 to 60 days to

reply in writing to the petition. This reply, called a "response," may include a

"counter-petition," and states the respondent’s position on children, property,

and support.

In many situations, the next step is to arrange temporary court orders to guide

the conduct of the parties. Either spouse may obtain temporary orders.

Typically, temporary orders cover such subjects as residential arrangements for

the children and child support, spousal maintenance (commonly known as

alimony), occupancy of the family home, payment of bills, and other concerns

for protecting people or preserving property. If the spouses cannot agree, a

judge or court commissioner will decide temporary orders at a hearing.

All of the issues, such as property division and arrangements for children, must

be settled in order to finish a case. If spouses cannot agree to everything, a trial

will be held to settle any disputes. If spouses agree on everything in a

settlement, there is no need for a trial.

The final stage occurs when the court signs a "Decree of Dissolution of

Marriage." This happens after the spouses agree to everything, after a trial, or

after the waiting period has passed and there has been no response from the

other spouse. If there are children of the marriage, a final parenting plan and

final order of child support must also be signed by the judge. A marriage is not

ended until a judge signs the final orders.

The waiting period to finalize a divorce in Washington is 90 days. This means

the summons and petition must be filed with the court and served upon the

other spouse for more than 90 days before the judge signs the decree. This is a

minimum period and is intended to allow time for reconciliation between parties,

or for the parties to “cool down,” because often emotions are highest at the

beginning of a dissolution action. The process could take much longer if the

parties have difficulty reaching an agreement. Sometimes a spouse will not

respond at all to a petition after it is served. In that case, the decree of

dissolution can be entered after the waiting period.

Yes, if either party requests a name change. This most commonly occurs when

the wife requests to change her name back to her former or maiden name. At

the court’s discretion, the court may order a change to another name for either

party.