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Frequently Asked Questions

Why should I work with your firm?

Finding the right firm to help you with one of the most stressful situations in your life is more than a big decision – it is a huge one. We know this and take the trust you place in us very seriously. We are attorneys who will take action for you and guide you through this. Our firm was founded on the belief that there are solutions for every problem and the understanding that people are resilient and can overcome and even thrive after legal challenges. We help our clients write their comeback stories. You are more than a file name or number to us – you and your family matter. Your story matters. We believe that trust and communication are the foundation of successful outcomes in stressful times. We look forward to meeting you and learning where you have been and where we can help you go.

How to File for Divorce?

You can file for divorce in Washington by completing the required forms, filing them with the court, and serving your spouse. However, that is just the beginning. Knowing how to file for divorce is about more than paperwork. It is about protecting your future. 

Washington’s divorce process can feel confusing, especially when it involves issues like parenting, spousal support, or complex assets like stock options or retirement accounts. Our Seattle divorce lawyers will guide you through every step. 

Divorce is rarely simple, and every situation is different. Whether your case involves safety concerns, business ownership, or long-term stay-at-home parenting, we will provide a tailored plan that fits your life and your goals.

Who Can File for Divorce in Washington?

To file for divorce in Washington, one of the spouses must be a resident of the state. According to RCW § 26.09.030, this includes anyone living in Washington or stationed here in the military. There is no length-of-residency requirement, but you must establish residency before filing.

Washington follows a no-fault divorce system. Under such a system, you do not have to show that your spouse did something wrong to end the marriage. You only need to state that the marriage is irretrievably broken.

This helps avoid unnecessary conflict and allows both parties to focus on resolving the legal and financial details of the divorce.

Filing for a Divorce Requires Several Important Steps

Understanding how to file for divorce starts with knowing what paperwork is needed and what steps to take, including the following:

Complete the Necessary Forms

You must fill out the following documents:

Forms are available from the Washington Courts website or through your attorney. What you include in the initial forms and pleadings is very important, so it is recommended you consult with an experienced divorce attorney before proceeding. 

File the Forms With the Court

You will file your completed forms with the Superior Court in the county where you or your spouse lives. You must pay a filing fee, which varies by county (usually around $300- $400). If you cannot pay the fee, you can ask for a fee waiver.

Serving Your Spouse the Divorce Papers

After filing, you must legally “serve” your spouse with a copy of the documents. This must be done by a professional process server or someone who’s over 18 and not a party to the case. Proper service is required before your case can move forward. Parties can also sign what is known as an acceptance of service 

Wait for the Response

Your spouse has 20 days (60 if served outside Washington) to file a response. Next steps may involve negotiation, mediation, or litigation.

Temporary Orders (Optional)

If you need immediate help during the divorce (such as child custody, support, or restraining orders), you can ask the court for temporary orders. These can help stabilize your situation while the divorce is pending.

Finalize the Divorce

Washington requires a 90-day waiting period from the date of filing and serving the documents. After that, the court may finalize the divorce if all matters are resolved. If not, the parties will typically be required to go to mediation, and only after that may a case go to trial.

What Are the Requirements for Divorce in Washington?

Washington State has a few specific requirements, such as:

  • No-fault system: You do not need to show a reason beyond the marriage being broken.
  • Residency: At least one spouse must live in Washington.
  • Waiting period: A minimum of 90 days must pass before a divorce can be finalized.
  • Parenting plan and support: If you have children, you must also finalize your case with a parenting plan, child support order, and child support worksheets. Plans for custody and financial support. 

These requirements exist to promote fairness and protect both spouses, especially when children or high-value assets are involved.

What to Consider Before Filing for a Divorce

Divorce can affect your future in many ways. Think carefully about the following areas:

  • Finances: Will you be responsible for or receive spousal support? How will you divide retirement accounts, stock options, or business interests?
  • Parenting: If you have children, what kind of parenting plan will work best?
  • Safety: Are you in a situation involving domestic violence? If so, speak to an attorney about protection orders and safe planning.
  • False allegations: If you are concerned your partner might falsely accuse you of abuse, do not wait to get legal help. These accusations can seriously affect your rights and future.

Our attorneys work with professionals afraid of losing their savings and stay-at-home parents unsure of how to support themselves. We take every situation seriously and treat each case with care.

How Long Does a Divorce Take to Finalize?

Even in uncontested cases, the minimum time is 90 days (three months). Contested cases with property disputes, parenting disagreements, or safety issues may take several months or longer. 

A lawyer can help move the process forward efficiently and make sure no detail is missed.

Do You Need an Attorney to File for Divorce?

Legally, you don’t, but it is strongly recommended that you hire one to represent you. Divorce in Washington involves more than just signing papers. If your case involves the following, our attorney will protect your rights:

  • Shared parenting
  • Division of Assets: including retirement accounts, investment and bank accounts, and debts.
  • Business ownership
  • Allegations of abuse or false accusations
  • Disagreements about spousal support or asset division

We will handle the court procedures, help with paperwork, and advocate for your future. Trying to do it alone can lead to costly mistakes.

How the Right Lawyer Can Make a Difference in Your Case

Our firm understands how high the stakes are. Whether you are a tech worker protecting your stock options or a parent trying to stay in your child’s life, you deserve a legal team that knows how to help.

We do not believe in a one-size-fits-all solution. Our attorneys take time to understand your story, match you with the right legal strategy, and communicate with you at every step. We are prepared for everything from peaceful negotiations to high-conflict litigation.

Talk to Our Seattle Divorce Lawyers About How to File for Divorce

If you are wondering how to file for divorce in Washington, we will help you take the next steps. At Dellino Family Law, we offer skilled legal guidance tailored to your needs, whether your case is simple, contested, or involves complicated financial and safety concerns.

With more than 180 years of combined legal experience, our team provides a powerful combination of strategy, compassion, and attention. We offer a detailed case evaluation to help you understand your rights and your options before making any major decisions. 

Contact us today to learn how our lawyers will fight for your future.

What are your rates?

Paying for legal representation can be stressful and overwhelming in an already difficult time. You know you need help but might be scared how about how much it will cost you. We understand this and will work with you to understand what fees and costs you will have, how to plan for them, and how to help control costs in your case. Part of your initial meeting with us will include discussing finances. We want to know about you and what we can do to help. We will work with you if at all possible to make legal representation a reality for you. You can find more about our rates in advance of your consultation here.

What type of services do you provide?

We provide service for all family law situations, plus help you with the personal challenges that often are part of rebuilding your life after divorce or any legal situation. We handle many cases where both family law and criminal charges are in play. We handle protection orders, whether it is getting one when you need it or defending against one when you are being falsely accused. If you are in a high conflict situation, we have been there before and we will get you through it.

How to Get Full Custody of a Child as a Mother?

To get full custody of a child as a mother in Washington state, you must show that it is in the child’s best interests and that the other parent should have limited or no decision-making authority or parenting time.

These cases are never simple. Whether you are worried about your child’s safety, navigating a high-conflict situation, or unsure about what to do next, it is important to get clear guidance from an experienced attorney. 

The Seattle child custody lawyers at our firm understand how much is at stake. We will explain how to get full custody of a child as a mother, what Washington law requires, and how to prepare for every step of the process.

What Does Full Custody Mean in Washington State?

In Washington, the term “custody” is not commonly used in court documents. Instead, the court uses parenting plans and awards “decision-making authority” and residential time.

That said, many parents still use the phrase “full custody” to describe one of the following:

  • The child lives with one parent all the time.
  • One parent makes all major decisions about education, non-emergency and emergency medical care, health, religion, and activities.
  • The other parent has limited or supervised visitation, if any.

Full custody may be ordered when there are concerns about abuse, neglect, addiction, or instability. A judge will only approve this kind of arrangement if it meets the child’s best interests, which is the main legal standard under RCW § 26.09.002.

What Do Washington Courts Consider in Custody Decisions?

To determine parenting time and decision-making rights, Washington courts look at many factors, including:

  • The strength of the relationship between each parent and child
  • Each parent’s ability to meet the child’s needs
  • The emotional, developmental, and educational needs of the child
  • History of abuse or neglect, if any
  • Each parent’s mental and physical health
  • The child’s adjustment to home, school, and community
  • The child’s wishes, if mature enough to express them (usually age 12 and older)

All of these fall under Washington’s “best interests of the child” standard. If you are a mother trying to get full custody, you will need to present clear evidence that these factors weigh in your favor and that the other parent’s involvement should be restricted or limited.

Can a Mother Automatically Get Full Custody?

No. Washington law does not favor mothers over fathers. Both parents start with equal rights. To receive full custody, a mother must show the court that this is best for the child. Simply being the primary parent in the past is not enough. You may need to:

  • Document concerns about the other parent’s behavior.
  • Show your consistent role in the child’s life.
  • Explain why shared custody would not be safe or healthy.

If domestic violence or substance abuse is involved, the court may limit the other parent’s rights under RCW § 26.09.191.

What Is the Process for Getting Full Custody in Washington?

The process for getting full custody as a mother generally involves:

Filing a Parenting Plan

You will submit a proposed parenting plan with your divorce or custody case. This plan outlines where the child will live and who will make decisions.

Requesting Restrictions or Sole Decision-Making

To ask for full custody, you must check the boxes that request:

  • Sole decision-making authority
  • Primary residential time for the child
  • Limited or supervised visitation for the other parent (if needed)

You must include reasons that support your request, such as abuse, substance use, or lack of involvement.

Providing Evidence

You will need to show why the other parent should not share custody. Useful evidence may include:

  • Police reports or protective orders
  • Medical or therapy records
  • School records
  • Text messages, emails, or voicemails
  • Witness statements

Attending Court Hearings

There may be temporary orders, evaluations, or mediation before a final hearing. A judge will make a decision based on the evidence and law.

When Will a Judge Award Full Custody to a Mother?

A judge will grant full custody to a mother when:

  • The other parent poses a risk to the child’s safety.
  • There is a history of domestic violence or abuse.
  • The other parent has serious mental health or substance abuse issues.
  • The other parent is absent or uninvolved.
  • Shared decision-making is not realistic or safe.

Even in these cases, the court may still allow limited or supervised visits unless they would harm the child.

What if the Other Parent Accuses You of Abuse?

If you believe the other parent will falsely accuse you of abuse, our attorney will help you:

  • Prepare your evidence and timeline.
  • Collect character references or professional support (such as counselors or teachers).
  • Respond strategically in court filings.

You should not handle these situations alone. Washington courts take all claims seriously. Having the right legal support can protect you and your child.

Can I Get Full Custody Without a Lawyer?

You can file for full custody on your own, but it is not recommended. These cases involve complex legal standards, detailed evidence, and emotional pressure. If you make a mistake or miss a deadline, it can hurt your case.

Our experienced family law attorneys in Seattle will:

  • Build a strong case for you from the start.
  • File your documents correctly.
  • Represent you at hearings or mediation.
  • Protect your rights during stressful or high-conflict situations.
  • Keep the focus on what is best for your child.

What if Domestic Violence Is Involved?

If you are a survivor of abuse—or if you fear that your child is not safe with the other parent—the law gives you protection. Under RCW § 26.50, you may be able to file a protection order to:

  • Prevent contact
  • Require supervised visitation
  • Block the other parent from decision-making

If you worry the other parent might hurt themselves or the child, tell your attorney immediately. These cases need urgent, careful handling.

Seeking Full Custody as a Mother in Washington State? Call Us

If you are trying to get full custody in Washington, you are likely facing one of the hardest moments in your life. Whether you are a professional trying to protect your children and assets or a stay-at-home mother unsure of your future, you deserve strong legal guidance.

Dellino Family Law uses over 180 years of combined experience and a personalized approach to resolve our clients’ cases. We will match you with the right attorney for your situation, whether it involves negotiation, urgent court orders, or high-conflict litigation.

Contact us today to schedule an in-depth, pre-consultation case evaluation to learn what it will take to protect your child and your future.

Will I have access to my attorney via phone or online?

Yes. You can meet with your attorney online, in person, or by phone. We will communicate with you in a way that works for you when you need it. We believe communication is critical to any successful relationship, including the one we have with our clients. We are discreet and know it is important your communications with us should be private and confidential. We always exercise discretion in communication.

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At Dellino Family Law Group, we’ve been through every kind of stressful and crazy situation. We provide the best representation in the greater Seattle area for comprehensive and personalized Family Law. Our experienced attorneys deal with many high conflict divorce cases as well as all common family law situations. We understand the serious legal issues you are facing and the emotional toll these kinds of situations can take. We will get you through this and give you a safe place to come for answers and help.

Get started by reaching out, then get ready to meet with our attorneys for a consultation. The first step in divorce and family law cases is to simply make contact. Tell us what’s going on. Fill out the short Contact form below and we will respond within one business day! With locations in North Seattle, South Seattle, and Bellevue, our attorneys have got you covered. We want to hear what you are going through and provide the best roadmap to get you where you need to be. Don’t worry, we got this!

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This is the next step in your life

You have done the research, you are tired of waiting, and you are ready to move forward with this process. The next step is to meet with our experienced attorneys to learn your rights and options for moving forward with your life. We offer the best comprehensive and personalized divorce and family law representation in the greater Seattle Area. Complete the ‘Contact’ form below, and put the process safely in your attorney’s hands today. We’re ready to help. Contact Dellino Family Law Group today!

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