What is a Washington State uncontested divorce?

An uncontested divorce is a process by which your marriage is ended by negotiation and agreement.  In a way, it is an amicable divorce.  You and your spouse sit down and decide how your property and debts will be divided.  If you have children, you and your spouse also decide on a residential schedule that is best for your children.  Typically, child support is determined simply by the applying your incomes to the Washington State Child Support Guidelines.

What is required in order for my spouse and I to effectuate an uncontested divorce?

In order to effectuate an uncontested divorce here in Seattle or throughout Washington State, you and your spouse must agree on the following:

  1. That both you and your spouse are ready to commence divorce proceedings and sign off on final orders that will effectuate your divorce here in Washington State.
  2. That either you or your spouse are eligible to file for an uncontested divorce here in Washington State.
  3. You must also agree on the complete division of all of your property, both separate and community.
  4. You must also agree on the complete division of all of your debts and liabilities, both separate and community.
  5. You must also agree on whether or not either you or spouse will pay the other maintenance (alimony).  And, if so, how much is going to be paid and at what intervals (usually monthly).  It is also typical to include a specific time duration for these payments.

Provided that you and your spouse have no dependent children either from your relationship or through adoption, these are the only critical terms that require agreement.

If children are involved, you will also need to agree on the following:

  1. A complete Parenting Plan that details residential visitation for every day of the calendar year.
  2. Who is going to be the primary residential parent?
  3. Who is going to pay child support (typically this is the non-primary parent).
  4. How much child support is going to be paid every month and on what date is it going to be due?
  5. Is the child support going to be paid directly to the other spouse or are the payments going to be made through the state either through a garnishment or through voluntary payments made directly to support enforcement?
  6. Who is going to provide health insurance for the children?
  7. Are you going to agree on a plan to pay for college for your children, agree not to pay for college for your children, or simply reserve the issue for a later date?

If you and your spouse are in agreement with regard to all of the issues detailed above, you are typically ready to proceed with an uncontested divorce.