Tacoma Family Law: What Do I Do to Start a Divorce?

The decision to seek a divorce is not an easy one. It is one only you can make, and no lawyer can help you. However, once you have decided to file for divorce you then have to decide whether to use a Tacoma family law attorney or to represent yourself. While this decision is also yours to decide, making an informed decision requires some knowledge of Tacoma family law procedures and substantive law.

In order to start a divorce action in Tacoma, you must first file a Summons and Petition for Dissolution in the correct court. If your case is out of Tacoma, it is likely that the correct court is Pierce County Superior Court. However, the legal issue involved here is known as “jurisdiction”. It basically means that in order for a court to hear your case, that court must have power over the parties and the subject of the case. There are a myriad of jurisdictional rules involved in Tacoma Family Law, and these should be explained by a competent Tacoma family law attorney.

Let’s say, though, that you have filed in the right court. The next step is to serve the other party with the Summons and Petition. This, too, is an issue with some Tacoma family law rules attached to it, and must be followed correctly in order to count as sufficient service.

Once service is accomplished the next question would be, do you need temporary orders? That is, do you need a judge to order the payment of child support and spousal maintenance in order for everyone to get by financially? Do you need a Tacoma Family Law court to enter orders restraining either party from draining bank accounts, selling property, taking a child out of state, or even from coming onto the premises of the other party to prevent confrontation? These orders can be entered by way of a pre-trial motion and are a significant part of a Tacoma family law lawyer’s contribution to the case. Knowing how to file, frame, and argue such motions takes experience with and knowledge of Tacoma family law processes, something professional lawyers have to offer.

Finally, think about how your divorce will be finalized. When the court enters a decree of dissolution, an order that says a marriage is dissolved, it rules on a number of issues. First, it enters a parenting plan and a child support order if there are children at issue. Child custody is the most difficult area of Tacoma family law, and you should think about what the disputes will be in your case. Will you and your spouse agree on which of you will be the primary parent? Will the non-residential parent pay reasonable child support, or will he or she fight it by hiding income? Also, the court will rule on how the community and separate property in the marriage will be divided between the parties. Ask yourself if this will be a hot debate, or will a Tacoma Family Law court have to divide your property for you.

As you can see by these simple questions, divorce can be serious, and the assistance of a Tacoma family law lawyer can be invaluable. If you are thinking of divorce, contact the Tacoma family law firm of McKinley Irvin. We have been helping our community with divorce, child custody, child support, and other Tacoma family law matters since 1991.

The author is a Tacoma Family Law student. Please visit McKinley Irvin for more information.