What is the divorce process like in Washington?

To start a dissolution proceeding, one spouse (called the "petitioner") must file with the court a summons and "petition" for dissolution of marriage.

This document is then served on the other spouse (known as the "respondent"), usually by having copies delivered to him or her. Although there is no major legal significance as to whether the husband or wife files the petition, there may be emotional or procedural advantages.

The purpose of the summons is to command the responding spouse to reply to the petition. Basic facts about the marriage are contained in the petition, which also specifies 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-state 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 orders to guide the conduct of the parties. Either spouse may obtain temporary orders. Typically, the requests cover such subjects as residential arrangements for the children and child support, spousal maintenance, occupancy of the family home, payment of bills, and other concerns for protecting people or preserving property. If the spouses cannot agree on the temporary orders, a court hearing with a court commissioner will be held to establish the orders.

After temporary orders are issued, much of the pre-trial litigation process involves "discovery", which is the formal procedures used by parties to a lawsuit to obtain information from the opposing party. Each party requests relevant information and documents from the other side in an attempt to "discover" pertinent facts. Generally discovery devices include interrogatories, requests for admissions, document production requests, depositions and requests for inspection.

The most common forms of discovery are interrogatories and request for production of documents.

Interrogatories are written questions sent by one party to the other party for the latter to answer in writing under oath.

Request for production of documents involves a request to the opposing party to hand over certain defined documents. Parties often request from each other bank statements, pay stubs and other documents showing earnings, assets and debts.

The scope of information obtainable through discovery is quite broad and not limited to what can be used in a trial. Washington State allows a party to discover any information 'reasonably calculated to lead to the discovery of admissible evidence.' Because of this broad standard, parties often disagree about what information must be exchanged and what may be kept confidential. These disputes are resolved through court rulings on discovery motions.

All issues must be settled in order to finish a case. If terms cannot be negotiated between spouses through voluntary settlement, or through mediation or arbitration, a trial will be held to decide any disputes.

The final stage occurs when the court signs a "Decree of Dissolution of Marriage." Settlements negotiated between spouses are presented for approval by the court and signature by the commissioner. If the case requires a trial, the judge's decision is recorded in writing and signed by the judge who conducts the trial. A marriage is not dissolved until the commissioner or judge signs the decree.

Like any judicial order, a judgment for dissolution will be enforced by the court. Various legal remedies are available. Persons who willfully refuse to comply with court orders may be held in contempt and jailed or fined.

Child-support orders will be enforced by way of mandatory payroll deduction. This will be paid to the Washington State Child Support Registry from the inception of the order, unless the court finds that there is good cause to believe that the support will be voluntarily paid directly to the other parent on a timely basis. Mandatory payroll deduction also is available as a means of collecting support in cases where the original order did not provide for that method of collection, if the obligated parent has fallen behind in support payments.