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pardon our dust; we are under construction.
This checklist serves as an outline of what steps you must follow to do your own divorce. As you complete each item, check it off and show the date you did it. Some items will not apply. Forms are shown in bold face type.
REMEMBER: You will not need to use ALL of the forms or follow all of these steps. For example, if the divorce is uncontested, you can skip most of the forms. The coding under each form is the state's official numbering system to identify individual forms. You can use this numbering system when ordering copies of the forms. Forms may be ordered through the Office of the Adminstrator for the Courts.
STEP 1. READ THIS BOOK COMPLETELY and REVIEW THE FORMS
A. Fill out the blank forms which apply to your case; first in pencil. Then type up a complete set when you are ready.
B. Contact an attorney to review your papers. Be sure your forms are complete. If you are unable to afford an attorney, see the Appendix. After you have reviewed your forms with an attorney, type your documents in final form. Make copies of all your documents (at least 3 sets) and staple each form.
STEP 2. PREPARE YOUR FIRST PLEADINGS FOR FILING
Prepare the following forms:
VITAL STATISTICS FORM
CASE INDEX SUMMARY (King County, only)
PETITION FOR DISSOLUTION OF MARRIAGE - WPF DR 01.0100 (8/91)
PROPOSED PARENTING PLAN - WDF DR 01.0400 (7/91) - This does not need to be completed if you do not have children and the couple is not pregnant.
MOTION & DECLARATION FOR TEMPORARY ORDERS - WPF DR 04.0100 (8/91) - (In most cases, this will not be required. If needed, read Chapter 10 and see Step 3.)
FINANCIAL DECLARATION - WPF DR 01.0550 (9/92)
STEP 3. PREPARE YOUR FORMS FOR TEMPORARY ORDERS, IF NEEDED. (IF NOT NEEDED, GO ON TO STEP 4.) THE FORMS IN STEP 3 ARE COMPLICATED. THEY ARE DISCUSSED IN CHAPTER 10.
STEP 4. PREPARE YOUR SERVICE PAPERS
If you use Personal Service (the preferred method), prepare the following:
SUMMONS WPF DR 01.0200 (8/91) AND PETITION FOR DISSOLUTION OF MARRIAGE WPF DR 01.0100 (8/91) and one of the following:
RESPONDENT'S ACCEPTANCE OF SERVICE, NOTICE OF APPEARANCE, JOINDER WPF DR 01.310 (7/91) If your spouse is willing to sign this receipt for the forms and agrees to the divorce. OR
DECLARATION OF SERVICE UPON RESPONDENT PERSONALLY For service by a friend, the Sheriff in Washington or in another state, or a process server.
DECLARATION OF SERVICE ON OFFICE OF SUPPORT ENFORCEMENT
If you must serve by Certified and First Class Mail, prepare the following:
SUMMONS WPF DR 01.0200 (8/91) AND PETITION FOR DISSOLUTION OF MARRIAGE WPF DR 01.0100 (8/91) (Certified mail).
MOTION, DECLARATION AND ORDER TO OBTAIN SERVICE PURSUANT TO CR 4 (d)(4).
DECLARATION OF PROOF OF SERVICE BY CERTIFIED MAIL AND BY ORDINARY FIRST CLASS MAIL. Signed by a friend who mails documents.
DECLARATION OF SERVICE ON OFFICE OF SUPPORT ENFORCEMENT
If you must serve by Publication, prepare the following:
SUMMONS BY PUBLICATION FOR DISSOLUTION OF MARRIAGE AND DECREE OF DISSOLUTION WPF DR 01.0270 (7/91) Note: This requires court permission. So, you must also file a Declaration and Order permitting this process (RCW and form ).
DECLARATION FOR SERVICE OF SUMMONS BY PUBLICATION
The newspaper will provide you with an AFFIDAVIT OF SERVICE BY PUBLICATION upon completion of six publications, which you MUST file with the court.
DECLARATION OF SERVICE OF SUMMONS OUTSIDE THE STATE OF WASHINGTON. If your spouse cannot be served in Washington.
DECLARATION OF SERVICE ON OFFICE OF SUPPORT ENFORCEMENT Use if your children receive public assistance through you or your spouse.
STEP 5. PREPARE YOUR FEE WAIVER FORMS
If you can pay the filing fee, skip these documents and take the filing fee, in cash or money order, to court with you. The court clerk will not accept a personal check.
If you cannot afford to pay the filing fee, fill out the MOTION AND AFFIDAVIT FOR ORDER TO PROCEED IN FORMA PAUPERIS; and
Fill out the ORDER AUTHORIZING IN FORMA PAUPERIS
STEP 6. FILING YOUR PAPERS IN COURT
Do each action listed below:
Take all papers above neatly prepared to court. Have the original and two copies of each document (three copies if your children receive public assistance through you or your spouse, or if you prepare forms for temporary orders, see Step 3.)
Go to the Ex Parte Court to have the In Forma Pauperis Order signed, if needed.
Go to the Ex Parte Court to have the Order signed allowing you to use certified mail notice, if needed.
File your papers at the Cashier window with the Court Clerk. Pay the filing fee or show the clerk the In Forma Pauperis Order. A court number, called a "cause number", will be assigned to your case. Be sure to write this number on all court documents now and in the future.
Stamp your copies at the counter with the stamp of the Judge's signature and filing date stamp, which shows you filed your papers on this date. This is called "conforming" your copies.
STEP 7. SERVING THE PAPERS ON YOUR SPOUSE (Complete one of the following.)
Skip the following four steps if your spouse will agree to sign the RESPONDENT'S ACCEPTANCE OF SERVICE form.
If your spouse will not sign the RESPONDENT'S ACCEPTANCE OF SERVICE form do ONE of the following steps. REMEMBER: YOU may NOT serve your spouse. Someone else has to do that.
If you are going to have the Sheriff or a process server personally serve your spouse:
Take the set of documents for your spouse to the process serving section of the Sheriff's office of the county in which your spouse lives or to a private process server.
Be prepared to pay your service fee in cash or money order. The Sheriff or process server will complete the DECLARATION OF SERVICE UPON RESPONDENT PERSONALLY form and return this form to you. File the signed original with the clerk.
If you are going to have a friend or relative over 18 years of age personally serve your spouse: Have that person serve your spouse. Have that person sign the DECLARATION OF SERVICE UPON RESPONDENT PERSONALLY. This form must be completed after the papers have been served.
If you are going to serve the papers by mail:
Arrange to have a friend or relative over 18 years of age mail the Petition and Summons to your spouse by regular first class mail and another copy to your spouse by Certified Mail with the provision for return receipt.
Save the receipt and green card from the Post Office and attach them to the DECLARATION OF PROOF OF SERVICE BY CERTIFIED MAIL AND ORDINARY FIRST CLASS MAIL, which must be signed by your friend or relative after the papers have been mailed.
If you are going to serve your spouse by publication:
Take the SUMMONS BY PUBLICATION WPF DR 01.0270 (7/91) to the newspaper and arrange for publication. Pay the publication fees.
Upon completion of six weeks of publishing the Summons, the newspaper will provide you with an affidavit that publication was completed.
FILE WITH THE COURT ONE OF THE FOLLOWING DOCUMENTS: File the original signed documents in the Clerk's Office. Be sure your court file number is on each form.
RESPONDENT'S ACCEPTANCE OF SERVICE
DECLARATION OF SERVICE UPON RESPONDENT PERSONALLY
DECLARATION OF PROOF OF SERVICE BY CERTIFIED MAIL AND BY ORDINARY FIRST CLASS MAIL
AFFIDAVIT OF SERVICE BY PUBLICATION (provided by newspaper, it is NOT in this book)
File this form if your spouse was served by any of the above methods outside the State of Washington:
DECLARATION FOR THE SERVICE OF SUMMONS OUTSIDE THE STATE OF WASHINGTON
If you, your spouse or children are on public assistance, a copy of your dissolution papers must be served on the Office of Support Enforcement (OSE). See the Appendix of this book for theaddress nearest you. You may have a friend mail a copy to them at the office's address and complete the DECLARATION OF SERVICE ON OSE File this document with the court in the Clerk's Office. Be sure your court file number is on the form.
STEP 9. WAITING PERIOD (90 DAYS MINIMUM)
You must wait at least 90 days from the date the papers were filed and your spouse was served (whichever is later) until the court can finalize your divorce. This waiting period allows your spouse the time to file a response if he or she does not agree with what you have requested in the Petition. It also allows you and your spouse a reasonable time to attempt reconciliation, if desired.
You must also count this 90 day period accurately. You cannot start counting the days until you have filed your dissolution in court AND you have successfully served your spouse by one of the above methods. You cannot count the day of service. Begin with the next day and you cannot appear in court on the 90th day. Therefore, be sure you have AT LEAST 90 days in between the filing and service on your spouse and the date you plan to finish the divorce.
STEP 10. PREPARING YOUR FINAL PAPERWORK
If your spouse hired an attorney, filed a written response in court or with you, go directly to Step 12.
If your spouse signed the Acceptance of Service OR if you have successfully served your spouse and had no response or contact from him or her:
Prepare the following final documents. Make certain the court file number is on each form.
1. MOTION AND DECLARATION FOR DEFAULT AND OF NON- MILITARY SERVICE; ORDER OF DEFAULT.
2. FINDINGS OF FACT AND CONCLUSIONS OF LAW.
3. PERMANENT PARENTING PLAN (if there are children of this marriage or wife is pregnant).
4. DECREE FOR DISSOLUTION OF MARRIAGE.
5. COMPUTATION OF THE CHILD SUPPORT OBLIGATION (If there are children).
If you, your spouse or children are on Public Assistance, take your final documents to the Office of Support Enforcement for their review and signature before your court date. For the appropriate address see the Appendix.
Contact the Court Administrator's office to schedule a time to appear in court with your papers. Advise them you have self-help documents.
STEP 11. FINALIZING YOUR DIVORCE
Prepare a NOTE FOR HEARING - WPF DR 03.0300 (8/91)
Bring the original and two copies of each of the above documents to court with you (three copies if either spouse or children are on public assistance).
Go to the Default Dissolution courtroom, (probably the Ex Parte department of most county courts) and give your original documents to the courtroom clerk. Wait for your name to be called. Be polite and answer any questions the Judge or Court Commissioner may ask.
When the Judge or Court Commissioner has signed your forms, conform your copies in the Court Clerk's Office by stamping them with the Judge or Court Commissioner's stamp. Send one copy to your spouse and one copy to the Office of Support Enforcement if either you, your spouse or children are on Public Assistance. Keep one copy for your files.
STEP 12. IF YOUR SPOUSE FILES A RESPONSE OR HIRES AN ATTORNEY (CONTESTED DIVORCE).
Prepare the following forms, being sure you have the court file number on each one. Again, you are urged to consult an attorney if this happens.
NOTE FOR TRIAL SETTING-DISSOLUTION
(If your spouse or his/her attorney has not already filed this). Each County has separate rules regarding Notes for Trial, contact your court clerk before completing this document. Obtain their version of the document and fill it out completely.
FINANCIAL DECLARATION WPF DR 01.0550 (9/92) AND PROPOSED DISTRIBUTION
DECLARATION OF MAILING
Mail copies of these forms to your spouse and the Office of Support Enforcement if you, your spouse or children are receiving public assistance.
File the original forms with the court, (make sure you have signed them).
If your spouse objects to trial setting in writing, you must appear on trial setting docket (by either filing a Note for Trial or having the court set the date for you. Check with your county's court clerk or courthouse facilitator to see how this is accomplished) and explain to the court why you want to go to trial. The court will notify you of the date to appear.
Pre-trial settlement conference in front of a Judge or Court Commissioner. Each County has different rules for scheduling the settlement conference. Check with your County Court Clerk at the time you file your forms regarding how to set up your settlement conference. Appear and discuss the case; either settle case or set it for trial. Date and time of my conference: . Many counties will not allow you to even get a trial date assigned until you and your spouse have gone through a formal settlement conference with a judge.
Appear for trial, as arranged by the Court Administrator. You will be notified of the date and time to appear.
Prepare final papers to reflect Judge's decisions at trial, or settlement, as mutually agreed between the parties:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECREE OF DISSOLUTION, PERMANENT PARENTING PLAN and Computation of Child Support Obligation based on settlement agreement or trial decision.
Have the paperwork signed and filed in court:
The Office of Support Enforcement must first approve and sign these documents if either party or their children are receiving Public Assistance.
Spouse and his/her attorney sign (if your spouse refuses to sign papers, follow Notice of Presentation procedure outlined in Section ).
Judge signs documents. Conform your copies in Clerk's office. Provide one copy to spouse (and one copy to Office of Support Enforcement if either party or children are receiving Public Assistance).
STEP 13. OBTAINING A CERTIFIED COPY
If you should ever need assistance from policeto enforce any of the decree provisions, you will need a CERTIFIED or true copy of the Final Decree. You may obtain this at the time you finalize the Decree or at any time in the future from the Court Clerk for a fee.
Once your Final Decree is signed by a Judge or Court Commisioner, you are divorced. Congratulations! However, there may still be important work to do after the Decree is granted. For example, the spouse awarded the house might want a Quit Claim Deed prepared and filed. The spouse awarded part of the pension may want a Qualified Domestic Relations Order prepared and filed.
Please
pardon our dust; we are under construction.