In family law, preparation is one of the cornerstones of a successful outcome. Whether you’re considering divorce, adoption, or another family law matter, being organized and informed at the outset can save time and stress. Here’s a look at how the litigation process works in Washington family law cases and what to expect from the first steps through resolution.
Pre-Filing
Before you file in family court for divorce, a parenting plan, child support, a modification, or another issue, you’ll want to take some time to prepare. This can mean something different for every client, depending on their goals, the family dynamics, and the facts at play.
The first step will be to meet with a family law attorney who knows the law in Washington and can help you assess your situation. Together, you’ll discuss your priorities, the legal landscape, and how to move through it. The point is not to jump into litigation but to understand your options, identify risks, and lay a solid foundation for your case and the life you intend to lead after it.
To reach these goals, you’ll likely need to start gathering financial and communication records, and any other documentation relevant to your case. Your Washington family law attorney may also recommend that they or you contact the other party before filing. Or they might advise keeping your plans quiet for now.
Every step you take before filing should serve a purpose. And your lawyer should be there to help you figure out what your next step will be.
Filing a Petition
In Washington, a family law case begins when someone files a petition with the appropriate court. This petition outlines what you, the plaintiff, are asking for. It could be a dissolution of marriage, a parenting plan, a child support order, or whatever else you are seeking judicial support for. It’s important to note that the court won’t act on your behalf until a petition is properly filed and served on the other party, the respondent.
Filing a petition in a Washington court may sound straightforward, but the choices you make during those early documents matter. For example, asking for temporary orders at the time of filing can establish critical ground rules for your protection and the protection of any minor children, but can also alter the tone of the case going forward. So can the way you describe the history of your relationship or parenting. Your Seattle family law attorney can guide you through what you should include, what can wait, and what tone to set.
Once the petition is filed, it must be served on the other party. In Washington state, the process for serving documents must comply with strict rules. Personal service, which entails physically handing the papers to the other party by a neutral third party, is usually required. If the other party avoids service or is hard to locate, your attorney may need to get creative or request permission from the court for an alternative service method.
Bottom line: The petition sets the legal wheels of your case in motion. From there, deadlines begin to run, and the other party will be expected to respond within a certain time.
Temporary Hearing
Not every family law case will need a temporary hearing. However, many do, especially those involving parenting plans, financial support, or access to shared resources like a home or joint accounts. These hearings are often one of the first formal court appearances individuals will make in a family law case in Washington.
During a temporary hearing, the judge can make short-term decisions while the case is still pending. Decisions may involve setting a visitation schedule, deciding who stays in the marital home, or ordering temporary spousal and/or child support. Due to their importance, such orders can influence how events unfold from there, legally and emotionally.
Washington courts typically base temporary orders on declarations filed by each side rather than live testimony. That means your written statement and supporting documents are of dire importance. This is your big opportunity to tell your side of the story in a way that’s clear and aligned with your short- and long-term goals.
If you’re the one responding to a petition, the temporary hearing may be your first chance to explain your side to the judge. Feeling anxious about this stage is understandable, but a strong yet empathetic attorney can help you focus while helping you avoid getting pulled into unnecessary drama.
Discovery
Discovery is the court-supervised exchange of information between the parties. In Washington state family law cases, discovery often includes detailed financial disclosures, tax returns, bank statements, employment records, and other documents that show assets, debts, and income.
If you’re going through a divorce, especially a high-conflict or high-asset one, discovery will be necessary so you and the other party can each gain access to the facts needed to make informed decisions or prepare for trial. You may also be asked to answer written questions called interrogatories, respond to requests for admissions, or sit for a deposition.
Discovery may also involve non-monetary information. For disputes over residential time, for example, the discovery process often includes text messages, emails, medical records, and school reports. Your attorney can help you understand what information is relevant and what isn’t, as well as how to handle privacy issues.
Discovery can feel intrusive and draining, especially when one side refuses to cooperate by either not producing documents on time or at all. But in the long run, transparency helps resolve disputes and keep outcomes fair. A lawyer who knows how to conduct discovery effectively, i.e., when and how to push back and when and how to allow the other side to trip themselves up, can make this phase of the case more manageable and more efficient, saving you time, money, and unnecessary worry.
Resolution
Though you wouldn’t believe it by watching TV, more often than not, family law cases don’t go to trial. Most cases are resolved outside the courtroom by reaching an agreement without judicial intervention. When both parties are able to sit down and find common ground, often with the help of skilled family law attorneys or a neutral third party (more about that below), it can, again, lead to savings in time, money, and emotional energy.
In Washington family law matters, once and if all parties agree on the issues, the lawyers will draft the necessary paperwork to present to the judge. This includes final orders such as a parenting plan, child support order, or divorce decree. These documents must be complete, accurate, and consistent with Washington law. If they are, the court can often sign them without scheduling another hearing.
Even if the road to agreement is bumpy, settling can be a smart path forward. By keeping decision-making in their own hands, parties retain control of the outcome rather than leaving important, potentially life-altering decisions up to a judge who doesn’t know the case or the family well. Oftentimes, judges don’t have more than a few minutes to review the facts of a case before rendering a decision. That said, settlement isn’t right for every person or every situation, and you don’t have to agree to an outcome that doesn’t feel fair or workable.
Alternative Dispute Resolution
Washington family law courts often encourage or sometimes require parties to try some form of alternative dispute resolution before going to trial. Mediation is the most common method, though arbitration is used in certain situations. In mediation, which can take place over more than one session, a neutral third party helps both sides talk through the issues together and work toward a resolution.
Mediation can be especially helpful in cases involving parenting plans. A trained mediator can help parents identify what issues matter most to them, figure out how to share time that works for everyone, prioritize the children’s best interests, and avoid the stress of litigating parenting time in court.
When addressing financial disputes, mediation allows both parties to propose creative solutions that might not be available in court, where the judge is the decision-maker. It can also help preserve relationships and lay the groundwork for a smoother co-parenting relationship post-divorce.
Mediation isn’t binding unless both sides agree, and no one, including the mediator, can force you to settle. However, going through the mediation process can put a spotlight on where you agree, where you don’t, and what your next steps should be, which is a valuable exercise.
Many stuck cases are resolved through mediation once both parties commit to the process and have the support to see them through it.
How to Find a Seattle Family Law Attorney
Family law cases are emotional and deeply personal, which means having the right attorney matters. You want someone who knows the law in Washington and understands the local courts, and who will take the time to get to know you, not just your case.
When choosing a family lawyer in Seattle, look for someone who will listen to what you need, tell you the truth, even when it’s hard to tell, and keep you focused on your goals. Your legal team should be your number one advocate, your strategist, and the voice of reason in the middle of a situation that seems anything but reasonable.
At Elise Buie Family Law, we help clients throughout Seattle and across Washington state handle family law cases with practical advice, personal guidance, and care. Whether you’re just thinking about your options or ready to get started, we are here to meet you where you are and help you move forward with purpose. Contact us today or schedule a convenient time to speak.
