Q: After the 90 day waiting period begins 4 uncontested divorce, are there steps that require me to be physically present?
A: Yes. Nothing magic happens after 90 days has lapsed. Rather, you are now allowed to conclude your dissolution because that the statutory waiting or "cooling-off" period has expired.
The process varies by county, but generally speaking you need to set up a hearing before a commissioner. The commissioner will review the final documents that you have prepared earlier. You are responsible for getting all the proper forms together and obtaining all the necessary signatures, etc.
Many court's have facilitators to help you through the process and many attorney or paralegals can help with the paperwork.
There is a list of Washington State forms on https://www.courts.wa.gov/forms and also on various county Superior Court websites. You can copy and paste the above link into your web browser.
The most commons reason for delay is that the divorcing couple has not completed the necessary forms or believe the court will work out your issues on that day. The court in this context is there to make sure the laws and procedures are followed. When it comes to assets and debts, the court looks at basic fairness. When it comes to kids, the court looks primarily what is in the best interests of the children. However, the court will not delve into the details. After all, you are telling the court that the divorce is uncontested and that the people involved think it is fair and best.
If you paperwork is in order, the court will sign you final documents and the divorce will be final on the day signed by the judicial officer.
I hope the process goes smoothly. Good job on working out the details among yourselves. However, it is always a good idea to understand your options and consulting with an attorney is always recommended.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.