13 May Contested vs. Uncontested Divorce in WA State
In Washington State, divorces are either contested or uncontested. Contrary to popular belief, these terms do not signal the difference between a joint and unilateral desire to separate. Contesting a divorce does not mean opposing the marriage’s dissolution but rather opposing the terms of said dissolution.
Below, we help you understand what each process (contested and uncontested) entails, which applies to your situation, and how that categorization shapes everything from your timeline to your legal costs.
Defining Uncontested Divorce
An uncontested divorce is one where both spouses agree on all core issues before the case goes to court. These issues include the following:
- property division
- debt responsibility
- child custody
- parenting plans
- spousal support
Because there is no dispute to resolve, the court’s job is mostly administrative. You will still need to file the correct paperwork and follow proper procedures, but you are not looking at extended court hearings or prolonged negotiation. For couples who can communicate and reach fair agreements, this path saves considerable time and money.
“An uncontested divorce is one where both spouses agree on all core issues before the case goes to court.”
Defining Contested Divorce
A contested divorce happens when spouses cannot agree on one or more core issues. That disagreement might involve how to divide a family home, who gets primary custody of the children, or how much spousal maintenance is appropriate. The court steps in to consider both parties’ cases and make those contested decisions on their behalf.
Contested divorces take longer, cost more, and require more formal legal involvement. Moreover, the process can be more emotional and requires a higher degree of patience, especially if the spouses are not on civil terms.
“A contested divorce happens when spouses cannot agree on one or more core issues.”
How Property Division Works in Both
Washington is a community property state, which means that both spouses have an equal claim to the assets and debts they acquired during the marriage. In an uncontested divorce, you and your spouse can divide your assets as you please, so long as both of you agree to the distribution. In a contested divorce, the court divides them based on what it considers just and equitable, which does not always mean a perfect 50/50 split.
Children and Parenting Plans
If children are involved, Washington requires a formal parenting plan regardless of whether the divorce is contested or uncontested. This document outlines custody, visitation schedules, and decision-making responsibilities.
In uncontested cases, you and your spouse draft this together. In contested cases, the court determines the plan with the child’s best interests as the standard.
Where To Go From Here
Whether your divorce is contested or uncontested, working with a divorce lawyer in Washington State gives you the guidance you need to protect your rights. At LaCoste Family Law, we understand how much is at stake and are ready to help you through it. Inquire today.