What happens in divorce court? If your divorce is uncontested and straightforward, the divorce court may simply sign the agreement and issue a decree. In more complicated situations, your divorce may go to trial. The court considers your position and your spouse’s position.
To make sure your experience with the divorce court is as productive as possible, connect with a Seattle divorce lawyer from Dellino Family Law.
What Happens When a Spouse Files for Divorce
Washington State follows a no-fault divorce system. A spouse can file for divorce without having to prove the other spouse did anything wrong and simply cite “irreconcilable differences.” The spouse served with divorce papers typically has 20 days to respond, though extensions apply in some circumstances.
Your spouse may not respond within the deadline. You can request that the judge find your spouse in default. Once the default order is signed, your spouse can’t participate in the case. Instead, the judge can hold hearings and sign final orders in divorce court without notifying your spouse.
The divorce attorneys at Dellino Family Law are here to help you file for divorce and get through the process as efficiently as possible.
What Happens in Divorce Court if Spouses Agree on Terms
Some divorces are simpler than others. The couple may not have children, or they may already have plans for how to handle custody and support. They may not have many shared assets, or at least have easily divisible shared assets. When couples agree to divorce and on the terms, the divorce is “uncontested.”
There is less involvement by the court in uncontested divorces, as there are no disputes to resolve. Dellino Family Law can create a divorce agreement for you and your spouse to sign and then schedule a hearing with the judge.
What happens in divorce court for uncontested divorces is that the judge approves and signs the divorce agreement, making the terms official.
The Divorce Court Can Establish Temporary Orders
Often, divorcing couples need time to work through the details of the divorce. They may need to develop spousal maintenance, parenting, and child-support agreements. Under the Revised Code of Washington (RCW) 26.09.060, either spouse can ask the court to put temporary orders in place until they come to a final agreement.
Some divorces involve domestic violence or other threats. Another step that can happen in divorce court is issuing temporary restraining or protection orders. Dellino Law can help you get or fight a protection order, depending on your situation.
The Court’s Role in Divorce Proceedings
Representation from the divorce attorneys at Dellino Family Law protects your interests. There are high-stakes decisions that come with divorce, and we can work to help you make the ones that are best for you and your family.
In many divorce scenarios, couples and their respective attorneys work toward decisions about spousal maintenance, child support, and custody, and who gets what after a divorce. These agreements often require time and negotiation. By working through these issues outside the court, couples have more control over the outcome.
Successful negotiations limit what happens in divorce court. The court reviews the agreement to ensure its compliance with Washington law. For example, RCW 26.09.002 dictates the standard for parenting plans as serving the best interests of the child. If the agreement meets legal standards, the judge signs it.
Court Refusal
The court can refuse to sign off on a divorce agreement if the judge feels either party has been coerced or is mentally incompetent, or that the financial terms are unfair.
The court also pays special attention to child-related issues. If custody agreements give both parents unrestricted access to the child, the court will likely conduct background checks to look for any history of abuse.
What to Expect if Your Divorce Goes to Trial
Some divorces are contentious. Dellino Family Law knows how to deal with a high-conflict divorce, and we will support you through the proceedings. If negotiations and mediation prove unfruitful, your case goes to trial, and the judge makes the final decisions regarding property division, spousal maintenance, and child support and custody. There are steps for what happens in divorce court.
Opening Statements
Each side presents a summary of its position and what the evidence will show. Opening statements do not include sworn testimony. They provide a preview of what the judge can expect to see.
The Petitioner and Respondent Present Their Cases
Each side presents evidence supporting its position. The petitioner goes first. Evidence often includes financial documents and parenting evaluations. Parties may present texts, emails, or other communication that supports their claims. They can also call witnesses to give sworn testimony on the issues at hand.
Witnesses may include friends, coaches, or teachers who can provide insight on parenting skills and the child-parent relationship. Financial experts may provide analysis of assets and debts. The opposing side can cross-examine all witnesses.
Petitioner Rebuttal
The respondent presents his or her case after the petitioner. This means the respondent has the opportunity to address the petitioner’s claims as they (the respondent) present their case. To keep things fair, the court gives the petitioner the opportunity to offer rebuttal evidence after the respondent’s presentation. This is not a chance for the petitioner to repeat their case, but to rebut specific claims.
Closing Arguments
Each side summarizes its position, emphasizes legal standards, and asks the judge to approve specific orders. The sides can refer to evidence and witness accounts during closing arguments.
Final Judgment
After the trial ends, the judge usually takes the case “under advisement” to review all documents and evidence. Immediate rulings from the bench are not typical. The judge determines the terms of the divorce, documents their findings, and issues a “decree of dissolution of marriage” or final divorce order.
We’re Here for You Throughout Your Divorce
The Washington divorce attorneys at Dellino Family Law are here to help you understand what happens in divorce court and get you through your divorce proceedings as smoothly as possible.
Divorcing a spouse is difficult, even when you know you’ve made the right decision. We can offer the support and exceptional legal representation you need to bring this part of your life to a close.
