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Dissolution of Marriage - General Questions Are grounds for divorce required? No. Washington is a no-fault divorce state. Only a general statement needs to be made, claiming that the marriage is "irretrievably broken". No additional explanation will be necessary. 90 days must pass between the time that the Petition is filed and the finalization of the divorce. Usually, only those cases in which all issues are agreed are finalized upon the completion of the 90 days. The party who files the Petition is called the "Petitioner". The other party is called the "Respondent". After the papers are filed by the Petitioner, they must be served on the Respondent. If they are served in the State, the Respondent will have 20 days to respond. If they are served out of state, the Respondent will have up to 90 days to respond depending upon the circumstances. If the Respondent does not respond, the Petitioner can enter the final papers by default. If the Respondent does respond, typically, one party will request a temporary orders hearing. There, the Court will temporarily address the use of the property, placement of the children, child support, maintenance, division of debts and any other issues that need to be dealt with. The parties may engage in discovery, where documents are exchanged. Additional hearings may be necessary if issues arise during the pendency of the proceeding. If at any time the parties reach agreement, the divorce can be finalized, provided that 90 days have passed from the date of filing. If the parties are unable to reach agreement, one party will request that the case be set for trial. In Clark County, Washington, this would put the case on track for a formal settlement conference. This is a scheduled time to meet with a judge or commissioner in an attempt to resolve the case short of trial. If the parties settle, the matter will be placed on the record and final papers prepared and entered. If no settlement is reached, the case will be assigned a trial date. At trial both sides will present their positions. The Court will make the decisions based on the evidence presented. From that decision, final papers will be prepared and entered, and the process will be complete.
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