Divorce can be an overwhelming process, but at its essence, the legal process is fairly straightforward. To get divorced in Washington, you first have to file a Petition for Divorce (and some other required forms that go along with it). Filing the Petition, and ensuring the other party has proper notice of it, starts the mandatory 90-day waiting period. After 90 days, a judge needs to sign the final orders. With that, you’re divorced.
The mechanics of exactly how these documents get filed and presented to the judge for signing varies dramatically from county to county. For example, in my home county, Chelan, to get final orders signed by a judge, you have to schedule a hearing, appear in court, and provide live testimony. In neighboring Douglas County, final orders can be entered “ex parte” without a hearing. Some counties require parents to complete a parenting class before finalizing a divorce with children, others don’t.
At this point in my career, I have finalized hundreds of divorces and there is one way to do it that stands out as the easiest by far. This is Wahkiakum County’s divorce by mail process.
Why Wahkiakum County?
Wahkiakum County offers a streamlined divorce filing process that makes it as easy as possible. You still have to wade through the complexity of the forms themselves, but once the forms are filled out, the filing is simple. You don’t have to live in Wahkiakum County to file your divorce there if you and your spouse both agree. At least one of you does need to be a Washington resident, though. Lincoln County also offers a similar service. I have positive experience working with Wahkiakum County as an attorney, so that’s the process I recommend.
Who is this process for?
The divorce by mail process is for agreed divorces only. And it’s best for situations where you don’t anticipate much post-divorce conflict. If you have very young children and struggle to get along with your co-parent, it might be better to file in your home county. Wahkiakum County does allow remote appearances by approved request, so agreed matters can often be handled without travel. But a dispute that turns contested, especially one involving testimony, may still require an in-person appearance. That’s not ideal if you live far away.
What is the process?
First, you will complete all the forms necessary to initiate and finalize the divorce. You and your spouse will need to agree on and sign all the forms. You can find Wahkiakum County’s checklist here, and the most up-to-date version of the court forms here. This is the part of the process where it may be worth engaging some targeted legal advice, particularly if you have kids, or any complexities regarding asset division.
Next, you mail all the forms together to the Wahkiakum County Clerk. This is where Wahkiakum County’s process really stands out. They will file the Petition to start the process, and hold the rest of the orders until the 90-day waiting period elapses. At the end of 90 days, the clerk will present the final orders to the judge for signature without anything else needed from you. This is a huge benefit. In other counties, you would generally have to hold on to the final orders yourself, and present them to the court after the 90-day period. Even in counties that don’t require an in-person appearance.
You include all the required filing fees in the form of a cashier’s check or money order with your filing. At the time of this writing, the fees required are $364 for filing a new case and $30 for the “ex parte” presentation to put the final orders in front of the judge at the end of the process.
If you include a self-addressed postage-paid envelope, the clerk will return the “pink form” to you which is your confirmation of filing. It provides your case number and finalization date. If there is anything missing that will keep your case from being finalized, the pink form will indicate that.
Once you have your case number, you can check the status of your case using Washington State’s Odyssey Portal.
Once your case is finalized, you can request copies of your final documents online. Regular copies of most documents are sufficient, but you’ll want a certified copy of the final divorce order if you intend to change your name.
A note: this is general information about Washington procedure, not legal advice for your specific situation.
Still have questions?
Good news, you don’t have to do this all alone. If you would like assistance with the documents, or just need help getting started, you can get help during Office Hours. I’ll review your situation with you and help you get organized, navigate conversations with your spouse, and even help you fill out the forms.
