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Family Law

July 29, 2025

šŸ’” Divorce with Kids in Island County: What You Need to Know

This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and the Law Offices of Andrew F. Scott & Associates, PLLC. Divorce and family law matters are highly fact-specific, and the procedures described may vary based on individual circumstances or changes in local rules. For advice tailored to your specific situation, please consult with a licensed attorney. Our office serves clients in Island County, San Juan County, and throughout Washington State

1. Filing the Dissolutions, aka “Divorce”

  • Residency: One spouse must live in Washington at filing time—officials treat military personnel stationed here as residents too.
  • No-fault only: Every divorce in Washington, including Island County, is ā€œno‑fault,ā€ based solely on the marriage’s irretrievable breakdown.

You begin by filing key documents at the Island County Superior Court in Coupeville (islandcountywa.gov).

There’s a ~$314 filing fee, with fee waivers available for qualifying individuals (islandcountywa.gov).

2. Temporary Orders & Service

Right after filing, you receive an Automatic Temporary Order. This governs parenting arrangements, property, finances, safety, and prohibits unilateral actions—once officially served to the other party (islandcountywa.gov).

You must serve your spouse (by an adult not involved in the case), then file Proof of Personal Service.

3. Parenting Plan & Mediation

Divorce with kids requires a comprehensive Parenting Plan: detailing physical (where kids live), legal (decision-making rights), visitation, holidays, exchanges, schooling, healthcare, and dispute resolution.

Mediation becomes mandatory at least 60 days before a trial to resolve parenting or custody disputes.

4. Child Support & Financial Disclosures

Child support calculations use Washington’s state guidelines. Both parents file financial documents: income disclosure, and if receiving public assistance, the declaration of such assistance.

5. Waiting Period, Hearing & Resolution

  • 90-Day Waiting Period: Washington law mandates a minimum 90‑day window between filing and final divorce hearing—even in uncontested cases.
  • Final Hearing: If parents agree on all matters (parenting plan, support, asset division), they submit their agreement, and the judge often approves it without appearances. Otherwise, a court hearing/trial is scheduled.
  • Judge issues the Final Divorce Order, along with findings, parenting decree, and child support order if applicable.

6. Property, Debts & Support

  • Property: Washington is a community property state—marital assets are divided equally, though courts weigh factors like home residency, financial circumstances, and marriage length.
  • Spousal Support: Temporary maintenance may be set during proceedings. Permanent support is rare, typically involving long‑term marriages (10+ years) where one spouse can’t self-support.

7. After Divorce

You receive enforceable orders concerning parenting, support, and asset division. Either parent can return to court to modify the parenting plan or support orders if circumstances change. Courts apply the child’s “best interest” standard to guide all decisions.

šŸ“… Timeline Summary

StageTypical Timeframe
Filing & service1–2 weeks
Waiting period90 days minimum
Mediation & prepDuring waiting period
Final hearingPost-waiting period
Divorce finalizedAfter judge signs order

Final Thoughts

Divorcing with children in Island County involves extra procedural steps and responsibilities—but the county provides clear forms and facilitator services. However, many people find navigating this time difficult and don’t want to learn how to be their own lawyer when going through some of the worst months of their life– that’s why they call us to handle their divorce from start to finish.

If you would rather have someone checking in on you than DIYing your divorce, text us today at (360) 317-2450, or click here to contact us.

šŸ”— Island County Resources

šŸ›ļø Island County Superior Court (Coupeville)

šŸ‘©ā€āš–ļø Court Facilitator Program

āœ… 1. Washington Courts (Official Source)

  • Website: https://www.courts.wa.gov/forms
  • How to find divorce forms:
    • Select “Family Law” from the dropdown menu.
    • Look for forms under categories like:
      • Dissolution (Divorce) – With Children
      • Dissolution (Divorce) – Without Children
      • Parenting Plan
      • Child Support
  • These are the official statewide court forms and are accepted in all Washington counties.

🌐 Washington Statewide Resources

āš–ļø Legal Services

  • Andrew F. Scott Law

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