DIY Divorce in Washington State: Cost, Paperwork, and Process

• What is a DIY divorce?
• How much does it cost in Washington?
• Washington DIY divorce process
• How long does it take?
• Benefits of DIY divorce
• FAQ
• References

The less complex your divorce is, the more likely you can go through the process on your own and get a good result while saving money. If you and your ex can’t agree on certain terms, mediation is an option that can help you avoid going to court and the high associated costs.

What is a do-it-yourself (DIY) divorce?

A do-it-yourself (DIY) divorce is a divorce in which you do not use a lawyer. Legally speaking, divorce doesn’t usually require a lawyer.

Practically speaking, however, lawyers are sometimes necessary due to the legal complexity of one’s case. But not always. Many people can get a reasonable outcome from the divorce process without a lawyer, especially if both people generally agree on what a fair outcome looks like.

In Washington and most other states, divorcing without a lawyer involves going through the divorce process on your own. If you want to do this, make sure you understand how complex your case is likely to be so you don’t skip out on legal representation when you might need it. If you still want a DIY divorce, research all options available to you. Your goal is to figure out which option would likely produce the best outcome and the steps you need to take.

How much does a DIY divorce cost in Washington state?

Experts place the average cost of a Washington divorce around $10,300. This jumps to $14,000 if you only look at divorces involving children, as children can significantly add to the complexity of a case.

These numbers are comparable to the nationwide average cost of a divorce, which is between $15,000 and $20,000, with the median nationwide cost of divorce sitting around $7,000. 

The primary advantage of a DIY divorce is saved money. That’s because the majority of direct divorce costs tend to come from the legal fees one pays their divorce lawyer. A DIY divorce generally costs thousands of dollars less compared to the average, with one only needing to pay procedural and filing fees. (Filing fees are also often waivable for people who are in poverty if the appropriate form is submitted.)

What is the DIY divorce process in Washington?

A DIY divorce is often only viable if spouses can negotiate and reach an agreement on how their divorce should proceed. Why? The legal complexity of a case is much higher in scenarios where one has to argue their points in court, especially if the opposition also hires a lawyer.

Here are the general steps to get a DIY divorce in Washington.

1. Inform your spouse of your intention to divorce

The first real step of a divorce, after researching how the process works, is to inform your spouse that you intend to divorce. This can be an emotional conversation. You will want to prepare for questions about why you want a divorce and what you want out of the process. 

Try not to speak in anger or say things you don’t mean during this conversation. Set a day for negotiation, preferably after you have given your spouse time to process this big life change. When the time is right, sit down and negotiate the specifics of how the divorce settlement should go so you can avoid a court battle.

2. Understand your marital assets

When getting a divorce, you will want to understand your marital assets. This is the property shared between you and your spouse that must be divided in the divorce. 

Almost all property acquired during the marriage will qualify as marital property. As for the property you entered the marriage with, it may qualify as marital assets if you shared it during the marriage. However, there are often questions about things like inheritances and large-ticket items one spouse owned before getting married. 

You can read more about this in our article, What Is Marital Property?  

3. Negotiate an agreement with your spouse

You and your spouse will need to negotiate the details of your divorce. One of the most important aspects of this process is negotiating how shared property will be split. 

Generally, marital property needs to be split fairly. A lopsided agreement might be rejected by the court, even if both of you agree to the settlement. 

Determine what marital property is most valuable and which assets are most important to you. These will typically be the most complex items to negotiate. If a property is especially valuable and you’re the one to keep it, such as a house, the other party will generally need to get something roughly equal in return. This can pose a dilemma for divorcing couples, and as a result, expensive assets (like the marital home) are often sold and the money is divided to reduce the complexity of the split. 

If you and your spouse have children together, you will need to decide who should have primary custody over the children and how parenting time will be split. Remember that divorce can be difficult for children, and plan accordingly to make the process easier for them. 

You will also want to research and agree upon an amount for child support payments. The specifics of child custody and child support can vary significantly, especially if your children haven’t lived in Washington very long. Some divorcing parties may want to consult a legal expert, such as a mediator, on these issues specifically, even if they’re otherwise not using legal professionals.

Suggested: Child Custody Mediation

4. Draft your divorce documents

Once you have agreed on the details, you and your spouse should fill out the appropriate documents required to get your divorce. Never sign a document without thoroughly reading it first.

Before submitting any document, copy it so both you and your ex have a copy. Make sure your settlement will actually do what you agreed to during the negotiation process, especially if any elements were contentious. 

We discuss more about the specifics of the documentation required to get a divorce in Washington in this article.

5. File forms with the court

After you fill out your divorce forms, file them as appropriate with the court. Prepare to pay filing fees unless you have a way to get those fees waived. Before filing anything, reread the documents a final time to make sure all information on the form is accurate and that you haven’t agreed to anything you were unaware of.

6. Finalize the divorce decree

Assuming you have filed all forms correctly and your divorce is accepted after being reviewed by a judge, it will be finalized. The court will bind you and your now ex-spouse to the settlement you reached, and you will no longer be considered married. Follow all the details you agreed to in order to avoid legal trouble, including making sure all property goes to its agreed-upon owner. 

How long does a DIY divorce typically take?

You will need to wait a minimum of 90 days after you petitioned for divorce and a summons was filed and served to get divorced in Washington. Between negotiating the details of a divorce and waiting for documents to be processed, a divorce typically takes longer than three months, even if both parties generally agree on how they want the divorce to proceed. 

What are the benefits of a DIY divorce?

The major benefit of a DIY divorce is the cost. Divorce is typically expensive, but a DIY divorce can help you save thousands of dollars. If your divorce isn’t likely to be complicated and you don’t need a lawyer to represent your interests, a DIY divorce can be a viable way to end a marriage while sharply reducing the overall cost.

You also have a significant amount of control in a DIY divorce. Each step of the process involves you directly. Any decisions you make won’t be filtered through a lawyer. While this means you need to be especially careful, it also means you are the only one who can fail to represent your interests exactly as you want.

FAQ about DIY divorce

What are the benefits of a DIY divorce versus hiring a lawyer?

Depending on the specifics of a person’s divorce, a lawyer may be unnecessary to successfully get through the divorce process and achieve a generally favorable outcome. When a lawyer isn’t necessary, going through the steps of divorce on your own has the potential to save you thousands of dollars as long as you’re willing to put in the time and research to perform those steps correctly. 

If both parties can generally agree on how a divorce ought to go, DIY divorce often isn’t especially difficult, although it can be time-consuming. Getting some guidance from a mediator who is familiar with divorce law in Washington can help. 

Read: How to Divorce in Washington without Lawyers

What is a wife entitled to in a divorce in Washington state?

Theoretically, the sex of a spouse doesn’t matter in a divorce. A spouse getting a divorce is entitled to an equal share of the divorcing couple’s marital property, which generally encompasses most of the family’s property, including their most valuable assets, such as houses and cars.

Who gets the house in a divorce in Washington state?

Either divorcing spouse could be given a piece of property in Washington, including the family home. However, divorce requires that property to be split equally. For a house, this typically means the person receiving the property needs to “buy out” the other party, paying them half the cost of the property. 

Since this can be steep for some people, it’s common for divorcing couples to sell their marital home (or other expensive assets) and divide the money from the sale instead. 

How long do you have to be separated before divorce in Washington state?

Legal separation isn’t a requirement for divorce in Washington state.

How do I find the proper divorce papers in Washington state?

The forms required to get a divorce are available online. This link goes to a site run by the Washington State Administrative Office of the Courts and should have all the forms commonly needed as part of the divorce process.

Can I file for divorce online in Washington state?

Certain parts of the divorce process in Washington typically need to be done physically. Documents should usually be sent either through regular or certified mail. 

References