Both you and your spouse must complete your own declaration. The purpose of the Financial Declaration is to provide the Court with ample proof of income and expenses of each spouse and to share financial information between you and your spouse. Depending on the amount of income and expenses you and your spouse have will determine the time you will need to spend completing the Financial Declaration. REMINDER: Along with the Financial Declaration a copy of any documents (W-2s etc.) that will help substantiate your income recorded will be filed by using the "Sealed Financial Source Documents" document.
The "Washington Child Support Worksheet" must be completed because it is often required to be submitted with the Petition for the Dissolution of Marriage and presented along with the Decree of Dissolution of Marriage at the time of the short hearing. Calculating child support involves addition and subtraction and should be carefully reviewed once the obligation amount has been determined. Please keep in mind, that you may deviate from the results of the worksheet if you and your spouse agree to do so.
This is an agreement between you and your spouse with regards to how the child(ren) will be treated after the divorce. A Proposed Parenting Plan is mandatory, so be sure to complete this document and each spouse must sign in front of a Notary. The "Final" version should often be the same as the proposed.
Each one of your documents should be reviewed for accuracy and completeness. The documents are legal binding documents, so once they are signed you are obligated to what is stated by a court of law. Do not sign any of the documents unless you completely understand what they are conveying and what you are bound to by law.
When reviewing the documents you will notice the Marital Settlement Agreement is most often the longest of them all. This document outlines and resolves the issues of your divorce. It is a legal binding agreement between you and your spouse and must be signed and notarized. If you do not understand something or can not come to agreement (after lengthy negotiating) with your spouse, it is a wise choice to consult a lawyer in your area, because it would appear that your divorce is no longer uncontested.
Even though the Marital Settlement Agreement addresses all the issues pertaining to your children, you must still complete and file the "Parenting Plan" document. Make sure that the contents of the "Parenting Plan" are consistent with the Marital Settlement Agreement, so the Court is not confused.
Once you have reviewed all of the documents, it is time to go before a Notary Public. You want to sign, date and notarize the Marital Settlement Agreement. All of the following documents should also be dated and signed to prepare for filing.
If you desire you can file the Marital Settlement Agreement at a later date, but we suggest filing it with the Petition for the Dissolution of Marriage, because this way you know that your case will be uncontested.
Also keep in mind that your spouse MUST sign the Petition for the Dissolution of Marriage as a joinder. This way the Court knows he or she is aware of the divorce proceeding and eliminates the requirement of serving your spouse with a Summons and also eliminates the need for your spouse to file a Response.
The originals (not the photocopies) will be filed with the County Clerk’s Office of the Family Court. You may also be required to file a copy of your "Marriage License", so be sure to have one ready. Many times a copy of the marriage license is not readily available. If you do not have a copy, you can contact the records department of the county court in which you got marriage. They typically have a copy of it and charge a small fee to retrieve it for you.
When filing your documents, you will be assigned your Case Number and this must be included on all the documents you file. Also ask for the Judge's (Master's or Referee's) name, so you can also include it on all the documents. If they do not have the Judge's name or it is not required in your county, then just leave it blank. Sometimes, due to case load, the County Clerk’s Office of the Family Court will not know who will be assigned to your case.
If for some reason you are requested to complete a few other standard forms or make minor changes or additions to your existing forms, be sure to comply, do not get upset or frustrated, because you only have these people to help you. These additional forms will be short and can often be completed in the office at the time of filing.
There is a fee for filing and that fee varies from county to county and depending upon your divorce situation. An uncontested divorce in Washington typically yields a lower filing fee, because you and your spouse are in agreement and have chose to file a Petition for the Dissolution of Marriage that is signed by both spouses.
After you have filed the Petition for the Dissolution of Marriage and the other documents, you will be waiting for a hearing date. Sometimes they are able to give you a date immediately, but if you have not received any correspondence from the County Clerk’s Office of the Family Court within 60 days, be sure to give them a call and always reference your Case Number.
Once you receive your hearing date you will be required to notify your spouse. This is done with the "Note for Dissolution Calendar" document.
The Findings of Fact and Conclusions of Law and Decree of Dissolution of Marriage should be reviewed and signed by you and your spouse. The The Findings of Fact and Conclusions document outlines the facts of the case in which the Decree of Dissolution of Marriage is based on. The Findings of Fact and Conclusions document should be filed along with the Decree of Dissolution of Marriage no sooner than 90 days from the date in which the Petition for the Dissolution of Marriage was filed.
ATTENTION: Be sure to also file the Marital Settlement Agreement if you have not already done so when filing the Petition for the Dissolution of Marriage.
You also need to prepare the Final Parenting Plan and the Order of Child Support document.
On your hearing date you will be given a location to go to and a time to appear in front of a Judge (Master or Referee) of the Family Court. The Judge will have everything pertaining to your case that has been filed on hand.
The Judge, after careful review, will grant you your divorce under the conditions of the Decree of Dissolution of Marriage presented. You may be required to give short testimony at the hearing. Giving testimony can be a stressful experience, so a step-by-step outline to follow on paper is always recommended. Do not be alarmed if the Judge begins to ask you questions. He or she should do so in order to make sure you are in full understanding of the legal issues at hand. The Judge will know that you and your spouse have not been represented by legal counsel, so he or she will want to make sure you understand everything. Remember you are "pro se", which means you represent yourself.
Once the Judge has agreed to sign your Decree of Dissolution of Marriage you are officially divorced! If for some reason the Judge does not agree with the Decree of Dissolution of Marriage (this almost never happens in an uncontested divorce) do not worry, the Judge will discuss the issues at hand and request a few adjustments to be made. You simply leave the hearing and make the minor adjustments and file the modified Decree of Dissolution of Marriage, at which point the Judge will sign it at a later date and grant your divorce.
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