Divorce is difficult. It is unpleasant and may take longer than anticipated. Indeed, part of the difficulty of divorce is that it is not something that is resolved overnight and then swept under the rug. In Washington State, divorces will last at least three (3) months – ninety (90) days – since the filing of petition and service upon respondent.[1] Resolving a divorce in ninety days is considered quick too. Many last longer because of court scheduling, contested issues, and complexities. If you are wondering why your divorce is taking so long, perhaps the following information may help.
ANSWER
There are several reasons to why a divorce may take long. To start, states typically have a “cooling off” period – a number of days that must pass before a court will finalize a divorce. Additionally, contested issues, complexities of the case, and mere antagonism can all increase the length of a divorce proceeding. Indeed, a contested and complicated divorce case can last years.
The “Cooling Off” Period
Washington has a “cooling off” period of ninety days after the filing of a divorce petition and service upon the respondent. The court cannot finalize a divorce until the ninety days have passed. The cooling off period gives couples time to consider their options and possibly reconcile. Getting a divorce can be a difficult decision, so the cooling off period allows time to consider whether it is the proper decision. It is unusual for a divorce to be finalized shortly after ninety days too because of court scheduling and complications.
Uncontested v. Contested Cases
Divorces that are finalized shortly after ninety days typically are uncontested and are not too complicated. Perhaps there are no children involved, and the couple are both in agreement on the divorce. Uncontested divorces conclude faster because there is not much time spent fighting. In their nature, contested cases have disputes between the couple, and it can take time, work, and energy to come to an agreement. Contested cases can increase the divorce time because they involve legal disputes, which may require court dates and lawyers. It is also rare for a case to be truly uncontested. Parties may agree over most things, but usually there is still some negotiation. Child support, for example, is something commonly fought over.
Complexity and Conflict
Divorces are also prolonged by the complexity of the circumstance. Your divorce may take longer because there are numerous assets to divide, or you have multiple children. In Washington, courts try to divide all assets as shall appear “just and equitable” after considering all relevant factors.[2] How precisely to split such assets can be a daunting task, especially when there is conflict. The more you must split, the longer it may take because there is more to disagree about or more things to learn through discovery. Conflict and antagonism can also increase divorce time because courts want the parties to make and come to an agreed arrangement. For example, most Washington counties have mandatory mediation, especially if children are involved.
CONCLUSION
Divorce proceedings in Washington will last at least ninety days because of the cooling off period – other states may have similar laws. Additionally, contested cases last longer than uncontested cases. Complex cases can last longer because when there is more stuff to arrange the longer it takes and the higher the chance for dispute. Finally, conflict, bitterness, and antagonism can prolong divorces by making it difficult to reach an agreement between the parties.
Citations
[1] See RCW 26.09.030.
[2] See RCW 26.09.080.
Konrad Beattie, Legal Intern
Erik Duncan, Legal Assistant
Gina Duncan, Attorney
Aiyanna Gutema, Paralegal
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