Legal Question in Family Law in Washington

Getting a divorce

I was married in NY state in 2001. I have been seperated from my spouse since march 2006 and moved to WA state. When I seperated from my spouse, I didn't file for the legal seperation paper work. I just left. Now that we want to divorce, can I file for divorce here in WA and have my spouse sign it without going to the court? or can she file in NY state without my presents at the court? I can't affort to leave my current job for such long time and so does my spouse. We do not own any property and no children. Thank you.


Asked on 2/02/07, 9:02 am

2 Answers from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Getting a divorce

If you have joinder, your spouse will have accepted jurisdiction of the Washington courts, and all issues can be resolved. If your spouse does not join, but is served, you can get a dissolution, but may not have other issues of debt or property resolved.

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Answered on 2/02/07, 1:12 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: Getting a divorce

If you moved here a year ago the Washington Court has jurisdiction to grant you a divorce. The Court may or may not have jurisdiction over your wife, depending on whether you have her personally served.

If you have her personally served, the Court can grant you a dissolution. It may well be to your benefit to be divorced here, as NY dissolution law is not no-fault.

Washington is a community property state. That changes presumed distributions, but nonetheless, the process is simpler here than it is in New York.

Hope this helps. Powell

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Answered on 2/02/07, 3:29 pm


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