Legal Question in Family Law in Washington
Married in NY, divorcing in WA
I was married in NY and after some years past, we kind of lost interest in one other. I have since then moved to WA and have filed tax in WA as single. My question is, can I file for divorce here in WA? Will the tax filing as single be any problem toward's getting a divorce? And lastly how much does it cost to get divorce? We have no property, no children, no debts. Thank you.
1 Answer from Attorneys
Re: Married in NY, divorcing in WA
WA has jurisdiction to grant you a dissolution, but only gains jurisdiction over your spouse by virtue of personal service.
WA has no ability to make determinations as to your ex's property, but if you allege in your petition that there is no property, no debts and no children, then it is entirely possible that your ex will sign a joinder agreeing to the dissolution and it can be entered essentially by agreement 90 days later.
WA isn't concerned with representations to the IRS. Could be an issue for you with them (the IRS) but not with WA.
Costs of filing are $200 to $240 depending on which county you are in, and if you are on good terms with your ex and don't have to chase him / her down, and s/he will agree to accept service, that'll keep the cost of personal service to postage.
You have to file a summons and petition. WA is a no-fault state unlike NY and the waiting period is 90 days. At the end, you file findings and conclusions, and present your proposed decree for signature. You appear to give "formal Proof" which is your testimony regarding property, debts, and that there are no children, and that your ex agrees this should happen.
A lawyer is not an absolute prerequisite, but can ensure that your decree is entered properly.
Don't hesitate to contact me if you need more help. Elizabeth Powell