How Long Do Divorces in Washington Take?

 
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How Long Do Divorces in Washington Take?
Written By: Josh Lowell ~ 10/7/2024

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One of the most common questions asked during initial divorce consultations is, “How long will this take?” In Washington State, the length of a divorce largely depends on the complexity of the case, the willingness of both parties to cooperate, and the legal deadlines in place.

The 90-Day Finalization Period

In Washington, there is a mandatory 90-day waiting period from the time a divorce is filed and served before the court can finalize the divorce. This is true even if both parties are in full agreement on all terms from the start. So, for an agreed divorce, this 90-day period is the minimum time required. For contested divorces, the timeline can stretch out much longer due to additional factors like discovery, temporary orders, and trial schedules.

Trial Deadlines and Court Schedules

If the spouses cannot agree and the divorce proceeds to trial, the timeline becomes much more unpredictable. The specific trial schedule will depend on the county where the divorce is filed. For example, in King County, the average time to trial is approximately one year from the initial filing. Other counties may have different timelines based on court availability and caseloads. And, in some counties, no divorce is set automatically, and the parties must request a trial date at their discretion.

This is an important consideration when deciding how to proceed. Waiting for a trial date can mean months or even over a year before resolution. During this time, spouses may also need to attend hearings on temporary orders, such as spousal support or custody, which adds time and complexity to the process.

Settlement Discussions vs. Court Battles

Given the length of time before a trial, it often makes sense to explore settlement discussions early in the process. Settlement can save both time and money, especially if both parties are open to negotiation. If you can agree on key issues such as property division, child custody, and support, the divorce can be finalized shortly after the 90-day waiting period.

In contrast, if there are significant disputes and neither side is willing to compromise, serving discovery and preparing for court may be the best route. Discovery is a legal process where each party gathers evidence to support their claims, and this can be lengthy and costly. However, in cases involving complex assets, hidden income, or child custody issues, discovery may be essential to ensuring a fair outcome.

When to Expedite a Settlement

In many cases, reaching a settlement before trial is the most efficient option. Couples who prioritize a quicker, less adversarial process may opt for mediation or collaborative divorce, which can help resolve disputes without the need for lengthy court involvement.

In situations where one party is uncooperative or there are substantial disagreements, moving forward with litigation may be necessary. In these cases, temporary orders can provide immediate relief on issues like child support, spousal support, or housing while the case progresses.

Every divorce is unique, and the timeline for finalizing a divorce in Washington depends on several factors. While the 90-day waiting period is the minimum, more complex cases that go to trial can take over a year to resolve. The decision to expedite a settlement or proceed with discovery and court battles depends on the specific circumstances of your case.

At Magnuson Lowell, P.S., we help guide our clients through the divorce process, balancing the need for efficiency with ensuring the best possible outcome. If you are considering divorce or have questions about your case’s timeline, call today for a free case evaluation.


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