Washington State Divorce Checklist: Steps to Prepare for Divorce

Ending a marriage is a major decision with legal and emotional challenges. Whether both spouses agree or there are disputes to resolve, the process requires careful planning. At Jackman Law Firm, we’ve been helping Washington families since 2014, offering the legal guidance and support they need during this transition.

If you’re considering a divorce, preparation is key. Knowing what to expect and taking proactive steps can make the process smoother. To help you get started, we’ve put together this essential checklist.

Pre-Filing Preparation Checklist

Before you file, it’s important to get your affairs in order. A little planning now can save a lot of stress later.

1. Decide on Your Approach

Every divorce is different, and how you proceed will depend on your situation. Here are the most common options:

• Mediation: A neutral third party helps you and your spouse reach agreements without going to court. It’s often less expensive and quicker than litigation.
• Collaborative Divorce: Both spouses work with attorneys to negotiate terms amicably.
• Litigation: When couples can’t agree, a judge makes decisions in court.
• DIY Divorce: Some couples file paperwork themselves, but this is usually only advisable for simple, uncontested cases.

Each approach has its benefits and drawbacks. Consider what’s best for your family and future.

2. Identify Your Divorce Type

• Uncontested Divorce: You and your spouse agree on major issues like property division, child custody, and support. This is usually faster and less expensive.
• Contested Divorce: Disagreements require court intervention. This process takes longer and can be more costly.

3. Gather Personal Documents

These will be needed throughout the process, so it’s wise to collect them early:

• Driver’s license
• Marriage certificate
• Social Security card or number
• Credit report (to assess financial standing)

4. Financial Documentation

Courts require a complete financial picture to divide assets and determine support obligations fairly. Gather:

• Income records (pay stubs, freelance contracts, government benefits)
• Bank statements (checking, savings, investment accounts)
• Tax returns (last 3-5 years)
• Debt records (credit cards, loans, mortgages)
• Asset records (real estate, vehicles, collectibles, jewelry)
• Insurance policies (life, health, auto, home)
• Retirement account information (pension, 401k, IRA)
• Business and property appraisals (if applicable)

5. Legal Forms and Documents

You’ll need to file paperwork with the court to start the divorce process. Common forms include:

Essential Forms

• Summons: Notifies your spouse that a divorce has been filed.
• Petition for Dissolution of Marriage: Officially starts the process.
• Confidential Information Form: Protects sensitive personal details.
• Mandatory Declaration of Disclosure: Ensures both spouses fully disclose financial information.

Additional Forms (if needed)

• Proof of personal service (showing your spouse received legal notice)
• Health department forms (for dissolution or separation)

6. Legal Counsel

Having the right legal team can make a huge difference. A divorce lawyer can help protect your rights, negotiate fair terms, and ensure compliance with Washington laws.

At Jackman Law Firm, we focus on helping families through the divorce process, advocating for fair outcomes in property division, custody, and support.

7. Child Custody and Support (if applicable)

If children are involved, their well-being comes first. Consider:

• Custody arrangements (who will have decision-making authority)
• Parenting plans (living arrangements, visitation schedules)
• Child support (how much will be needed to cover expenses)

8. Property Division

Washington follows community property laws, meaning most assets and debts acquired during the marriage are divided equally. Start by:

• Listing all marital assets and debts
• Understanding what’s considered separate property (owned before marriage or received as gifts/inheritance)
• Thinking about fair distribution, though the court has the final say

9. Emotional Preparation

Divorce isn’t just a legal process—it’s an emotional one. Consider:

• Seeking support from family and friends
• Speaking with a therapist or counselor
• Joining a divorce support group

10. Digital Security

Protect your privacy by:

• Creating a new email for divorce-related matters
• Updating passwords on financial, social media, and personal accounts

Steps During the Divorce Process

Once you’ve gathered the necessary documents and prepared yourself emotionally, here’s what happens next.

1. Filing the Petition

The first legal step is filing the Petition for Dissolution of Marriage with the court. This outlines your requests regarding property, custody, and support.

2. Serving the Papers

Your spouse must receive formal notice of the divorce. This can be done by:

• A professional process server
• A sheriff’s deputy
• Certified mail (in some cases)

Proper service is essential; otherwise, the case can be delayed.

3. Financial Disclosure

Both spouses must exchange financial information to ensure a fair division of property and support. This includes:

• Income statements
• Bank records
• Debt summaries

4. Negotiation and Mediation

Many divorces are resolved through negotiation rather than trial. Mediation can help couples reach agreements on the following:

• Property division
• Child custody and support
• Spousal support

5. Trial (if necessary)

If couples cannot agree, a judge will decide on contested issues. This process includes:

• Presenting evidence and testimony
• Cross-examinations
• A final ruling that both parties must follow

Post-Divorce Considerations

Even after the divorce is finalized, there are a few final steps to take care of.

1. Enforcement of Orders

Legal action may be needed if your ex doesn’t follow court orders (e.g., refusing to pay child support). Options include wage garnishment or filing a contempt motion.

2. Modifications

Life changes—jobs, relocations, remarriages. Some court orders, like child custody and support, can be modified if circumstances change significantly.

3. Property Transfers

Make sure all property transfers are completed, including:

• Transferring vehicle titles
• Updating homeownership records
• Dividing retirement accounts (may require a Qualified Domestic Relations Order)

4. Beneficiary Updates

Adjust beneficiaries on:

• Life insurance policies
• Retirement accounts
• Estate plans and wills

5. Moving Forward

Divorce marks the end of one chapter, but it’s also a new beginning. Take time to heal, focus on yourself, and plan for the future.

Ready to Take the Next Step? Contact Jackman Law Firm Today

At Jackman Law Firm, we understand that divorce is more than just a legal process—it’s a life transition. Our team has helped countless Washington residents protect their rights and move forward with confidence.

If you’re ready to discuss your situation, we’re here to listen. Call us today at 425-270-2214 to schedule a consultation. Let’s work together to find the best path forward.