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Anatomy Of A Divorce Action, An Overview
Part One - The Petition & Summons
An action for a divorce or legal separation begins with the service of a Petition and Summons. These pleadings are filed in a Superior Court and the blank forms are available at the
Washington Courts website.
Process service is not necessary when the responding party is willing to accept service and the appropriate pleadings is signed and filed with the Court.
Part Two - Temporary Orders
Temporary Orders are effective after approved by a Court Commissioner and are effective until final orders are filed at the end of the legal action. Temporary Orders usually restrain the parties from a) disposing of assets, b) incurring debt on behalf of the community, c) from canceling insurance coverage and d) disturbing the peace of the other party. Where there is need by one party and an ability to pay by the other party, spousal support may be appropriate and included in the Temporary Orders. The relief varies according to the facts and the needs of each case. If the parties have a child, a Temporary Parenting Plan and Temporary Order Of Child Support are usually necessary.
Part Three - Response To Petition, Motion For Default,
In Snohomish County, Requesting A Trial Date
In King County, "Confirmation Of Issues"
The person filing the Petition For Dissolution of Marriage or the Petition For Legal Separation is the "Petitioner". The other party is the "Respondent". The Respondent must file a Response To Petition.
In Snohomish County, a Response To Petition must be filed prior to requesting a trial date. If the Respondent refuses to provide a Response To Petition, the Petitioner can file a Motion Of Default forcing the Respondent to file a Response To Petition.
In King County, a trial date is issued when the matter is filed. Within the "Case Schedule" provided at filing, there is a deadline for the parties to complete a "Confirmation Of Issues" pleading. If the pleading is not filed in a timely manner, a court appearance may be required.
Part Four - Discovery
"Discovery" is the period in the legal matter where each side works to completely understand the issues. Written questions and requests for information are presented to the opposing side. Subpoenas for relevant documents and depositions may also be required.
Part Five - Mediation
King and Snohomish County Superior Court require mediation prior to trial. Mediation is an opportunity to organize your case and present it to a wise mediator. If both parties are willing to compromise, mediation can lead to agreement that will end the matter. When mediation is successful, the parties complete final orders (a Decree of Dissolution, a Findings Of Fact And Conclusions Of Law, a Final Order Of Child Support & a Final Parenting Plan (if there is a child of the marriage).
Part Six - Trial
If compromise is not possible, the matter will be heard by a Judge. The Judge will hear testimony, review exhibits and adjudicate the disputed issues. The elements of trial are specific to the issues to be presented.
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Hoskins Morriss Family Law Group, PLLC
Seattle: 1411 Fourth Avenue, Suite 1027 (206) 915-7319
Everett: 2918 Colby Avenue, Suite 204 (425) 374-3417
DowntownDivorce@DowntownDivorce.com
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