Frequently Asked Divorce Questions
In Washington, each county may have slightly different rules and paperwork requirements for starting a divorce case. In Snohomish County, you will need to complete and file several required documents, including:
- Summons
- Petition for Divorce (Dissolution of Marriage)
- Confidential Information Form
- Case Cover Sheet
- Certificate of Dissolution
- Acknowledgment of Family Law Handbook
Once completed, these forms must be filed with the Snohomish County Superior Court Clerk’s Office, located on the 2nd floor of the Snohomish County Courthouse: Snohomish County Superior Court Clerk’s Office, 3000 Rockefeller Avenue, Everett, WA 98201.
Filing may be done in person at the courthouse or electronically through the court’s e-filing system.
Why it matters:
These initial documents form the foundation of your divorce case. Mistakes or omissions can create unnecessary delays or complications. For this reason, we strongly recommend having an experienced family law attorney review your documents before filing to ensure your rights and interests are fully protected from the start.
Before you can obtain an official, court-ordered parenting plan, a family law case must be filed with the court. Parenting plans are often first entered on a temporary basis. A temporary parenting plan is active while your family law case is pending and remains in effect until the court approves a final parenting plan or the case is dismissed.
Washington State provides pattern forms for parenting plans, which can be found at courts.wa.gov. These templates outline the standard structure for parenting plans.
We strongly recommend having an attorney assist you in drafting your parenting plan to ensure that it protects your rights and is tailored to your family’s specific needs.
A temporary parenting plan is a short-term order that governs parenting arrangements while your family law case is ongoing. It sets a schedule for the child(ren), establishes decision-making authority, and provides structure until the court can issue a final ruling or the parties reach agreement.
A final parenting plan is entered at the end of the case, typically either by agreement of the parties or after a trial. It remains in place unless modified by the court, which typically requires showing a substantial change in circumstances. Final parenting plans are more difficult to change and provide long-term stability for the child(ren). Final parenting plans remain in place until your child turns 18 years old.
The court’s primary consideration is the best interests of the child(ren). Some of the factors the court reviews include:
- The child’s emotional and developmental needs.
- Each parent’s history of caregiving.
- The strength and stability of the child’s relationship with each parent.
- Each parent’s ability to cooperate in decision-making.
- Any history of domestic violence, substance abuse, or other safety concerns.
- Practical factors such as school location, geographical distances between households and the parents’ work schedules.
Every family is unique, and the court balances these factors to promote a stable and healthy environment for the child(ren).
The cost of a divorce varies depending on the complexity of the issues, whether the case is contested or agreed, and how much court involvement is needed. At a minimum, there are court filing fees (approximately $300 - $400). Legal fees depend on the amount of time required to resolve matters such as child custody, child support, property division, and spousal maintenance.
For Snohomish County, most law firms require an upfront retainer to commence work and to represent you in your case. Initial retainers typically range from $5,000 to $10,000 for contested cases. Retainers are not flat fees and may not cover all legal costs for your case. While it is important to understand the initial retainer amount, it is also important to understand how retainers operate (please see Q: What is a retainer?)
It is also important to understand that each specific attorney will have a billable hourly rate based on a number of factors including level of experience, jurisdiction of practice etc. In addition, support staff, such as paralegals, will have a different billable hourly rate and may perform tasks in your case. These billable hours will be applied against your retainer balance and be deemed as earned fees of your attorney’s firm.
So, we recommend that prior to retaining an attorney that you inquire into not only the initial retainer needed to commence services but also the attorney’s hourly rate, the paralegal/support staff hourly rates, and frequently of billing cycles.
At Evergreen Family Law Group, we work with clients to estimate expected costs and provide guidance on budgeting for your case. This is done on a case-by-case analysis. Our firm also provides monthly billing invoices to ensure transparency with our clients.
A retainer is an advance payment made to your attorney at the beginning of representation. Most family law firms operate under a retainer basis. Upon a client paying a retainer, said funds are deposited into the attorney’s trust account and billed against as work is performed. Most attorneys will provide monthly invoices which will detail work performed on your case and the status of your retainer balance. If additional funds are needed, you may be asked to replenish your retainer. This system ensures that your attorney can dedicate time and resources to your case.
In simple terms, the retainer balance is your money until it is earned. So, for example, if you pay a $6,000 retainer and the law firm conducted $1,000 of legal work on your case, and then you wish to terminate services, you would be entitled to the remaining retainer balance of $5,000.
If you are served with legal documents, it is very important that you do not ignore them. Legal paperwork will include deadlines for your response, and missing these deadlines could result in default orders being entered against you.
It is highly recommended that you contact an attorney immediately to review the documents and determine the proper next steps. Bring the paperwork to your consultation so your attorney can give you accurate advice.
There can be strategic advantages to filing your case first, such as controlling the timing and initial forum of the proceedings. However, whether you should file first depends on your circumstances, including safety concerns, parenting issues, and financial considerations.
It is best to consult with an attorney before deciding whether to initiate your case.
Filing a case can also help minimize conflict between parties. It is not uncommon for disputes and issues to arise during the period of time after a couple has separated but before a case has been filed. This sometimes comes in the form of restricting contact with the child(ren), withdrawing funds from bank accounts, and incurring significant credit card debt.
Some actions by the other party and/or yourself that happens prior to the commencement of a legal case can have significant impact and consequences in your case.
Washington State has standard family law forms available at courts.wa.gov/forms. These include petitions, parenting plans, child support worksheets, and other required documents.
While the forms are available online, completing them correctly is critical to protecting your rights. Having an attorney review or prepare your forms can help ensure they are accurate and complete.
The best time to create a Will is sooner rather than later—anytime you have property, children, or specific wishes about how your estate should be handled. Major life events often trigger the need for a Will, such as:
- Marriage or divorce.
- Birth or adoption of a child.
- Buying a home or other significant asset.
- Starting a business.
- Significant changes in health or financial circumstances.
A Will ensures that your wishes are carried out and reduces stress for your loved ones. Without one, Washington law (called “intestacy laws”) will decide who receives your property, which may not align with your wishes.
It’s never too early to put a Will in place, and it can be updated as your life circumstances change.