Mediation typically involves a neutral third party who guides negotiations, often during a structured session designed to work toward a settlement agreement. In many cases, participating in at least one mediation session during litigation is a formal court requirement.

Collaborative divorce, by contrast, is a voluntary, team-based process from start to finish. Both parties and their attorneys commit to resolving issues outside of court and work together under a mutually agreed-upon framework, timeline, and set of goals tailored to the family’s needs.

You do not receive your former spouse’s Social Security directly. However, if you meet certain federal requirements, including a minimum length of marriage and age requirements, you may qualify for Social Security retirement benefits based on your ex-spouse’s earnings record. Social Security income can be factored in to determining spousal support and/or child support.

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are treated differently. They are considered income, not property, and are not divided in divorce. SSDI income may be factored into determining spousal support and/or child support in certain instances. Because Social Security rules are complex, it is important to review your specific circumstances.

Often, yes, but it depends on the type of asset and where it is located. Washington courts can address many assets owned outside the state or country as part of a divorce. However, certain property, such as real estate located outside Washington, may not be directly divided by a Washington court unless the parties agree and the court formalizes that agreement. Businesses formed in another state or country may also raise jurisdictional issues.

In many cases, the divorce can proceed in Washington while specific assets are handled through coordination with local counsel in other jurisdictions. Because these situations can be complex, each case should be evaluated individually.

This includes cases involving community or separate property interests in family businesses, privately held companies, partnerships, stock options, real estate, professional practices, unique investment vehicles, collectibles, spousal support (also known as alimony payments), and debt division. Learn more about high net worth divorce.

Divorces and relocation cases involving child custody disputes can be complex and challenging. They often involve court-appointed professionals or investigators whose findings and opinions can significantly impact the outcome of the case. Once set in motion, the findings and orders entered by the court can be complicated to reverse or change in the future. Many of our attorneys are experienced in handling contested child custody matters and are committed to protecting parental rights.

We can handle divorces that involve unique challenges in identifying, valuing, and distributing community and separate property in countries outside the United States, as well as international treaties that govern child custody determinations, child support collection, and judgment enforcement. Learn more about international divorce.

Most divorce cases are resolved by agreement between the parties, but some are not. For high-conflict cases or cases that go to trial, it is critical for the law firm you hire to have experienced, proven divorce litigators.

The unique circumstances of each case frequently give rise to other laws that intersect with or impact a divorce case. Our attorneys routinely address issues during divorce that involve laws regarding taxes, real estate, retirement plans (ERISA), intellectual property rights, executive compensation, privately held businesses, military retirement and benefits, international treaties, criminal law, and wills and trusts.

A divorce attorney provides legal advice, protects your interests, and guides you through the divorce process from start to finish. They prepare and file all necessary legal documents, help secure temporary orders for financial support and parenting arrangements, and manage key issues such as property division, child custody, child support, and spousal support. Your attorney will also negotiate on your behalf, represent you in mediation, and advocate for you in court if litigation is necessary. At the conclusion of your case, they will draft and finalize settlement agreements or court orders to legally complete your divorce.

In Washington State, parties are generally required to attempt at least one session of alternative dispute resolution (ADR), most often mediation. Many divorces are resolved through negotiated settlement with the help of the parties’ attorneys, and if a case is going to settle, it frequently does so at mediation or shortly thereafter. However, if the spouses cannot reach agreement on all issues, the remaining matters must be resolved in court, where a judge will decide the outcome.

In a Washington or Oregon divorce, property and debts must be divided in a manner that is “just and equitable.” This distribution method is not necessarily 50/50, but focuses on a fair division that takes into account all assets and debts of the parties, as well as each spouse’s individual earning ability and financial needs. Property division can be negotiated in a settlement, mediated, or decided in court.

Spousal support, also known as alimony, is not guaranteed and may be awarded in a divorce based on factors like the length of the marriage, the standard of living during the marriage, and each spouse’s financial situation. Learn more about spousal support.

The first step is to consult with a family law attorney who can explain the process and give you a clearer understanding of your specific situation. This helps you gather the information you need to prepare, both legally and emotionally. It’s also wise to gather financial documents and consider your long-term goals before serving divorce papers (or having them served on you). Listen to McKinley Irvin’s Founder, Rita Herrera Irvin, on when you should meet with a divorce attorney.

Washington uses parenting plans rather than the term “custody.” Under RCW 26.09.187, judges focus on stability, safety, and emotional health. They consider each parent’s caregiving history, the strength of parent-child relationships, continuity in schooling and community, and the ability of both parents to foster positive communication.

If parents cannot agree, the court may require mediation, appoint a GAL, or hold a trial. The resulting plan specifies residential time, decision-making authority, and how future disputes will be handled.

Example: A parent who has consistently handled school transportation, homework, and medical care is likely to continue in that role to maintain continuity.

No. Washington’s Parenting Act is explicitly gender-neutral. Judges base decisions solely on the child’s best interests, not on a parent’s gender or income.

Across Washington—including courts in Seattle, Tacoma, Bellevue, Everett, and Vancouver—decisions reflect each family’s unique circumstances. Fathers and mothers are equally considered, and when one parent has been the consistent caregiver, courts often continue that arrangement to maintain the child’s stability. Parenting capacity, consistency, and cooperation—not gender—drive outcomes.

Yes. Equal residential schedules are allowed under RCW 26.09.187 when they serve the child’s best interests. Judges consider:

• Proximity between homes and schools
• Parents’ communication and cooperation skills
• The child’s age, temperament, and adaptability

Common patterns include week-on/week-off or 2-2-3 rotations. Equal plans work best when parents live near each other and maintain positive communication.

It depends on the level of conflict and cooperation. Agreed plans may finalize in 2–4 months; contested cases with evaluations or relocation issues may take a year or more.

Temporary orders provide structure in the meantime. Early mediation, transparent communication, and completing required classes can help shorten the process.

Tip: Completing seminars and submitting proposed plans early can significantly reduce delay.

A child’s preference may be considered under RCW 26.09.187(3)(a)(v) but is never the sole deciding factor. Judges look at the child’s maturity, reasoning, and overall circumstances.

Example: A 15-year-old requesting to stay with one parent for school continuity may influence the outcome more than a younger child whose preference is less developed.

Yes. Under RCW 26.09.260, a plan may be modified if there has been a substantial change in circumstances and the modification benefits the child.

Common reasons include relocation, changes in work schedules, or improved stability for one parent. Minor adjustments—such as exchange times or vacation weeks—can often be made by mutual agreement through a simple order.

Because stability is paramount, judges require clear evidence that the change helps the child more than it disrupts their routine.

Example: If a parent’s work shift changes from days to nights, the court may adjust weekday overnights while keeping the same primary home for school consistency.

Child safety is always the court’s top priority. RCW 26.09.191 requires restrictions or supervised visits when there is credible evidence of domestic violence, child abuse, or substance misuse.

Judges can order supervised visits, require counseling, or impose protective provisions under RCW 26.50. These measures are designed to keep children safe while supporting rehabilitation and eventual healthy parenting when possible.

Example: If a parent has prior assault convictions or restraining orders, the court may mandate professionally supervised visits until rehabilitation is demonstrated.

For more answers to child custody questions and other family law topics, visit our Family Law FAQ Hub. You’ll find over a dozen additional child custody FAQs, along with helpful information about divorce, parenting plans, child support, relocation, and modifications in Washington.

Every case is as unique as the family involved, and the cost is largely driven by the actions of both parties, the complexity of the issues at stake, and the decisions that are made throughout the case. This makes it difficult to predict the exact cost of your legal matter. However, we actively manage your legal costs as the case progresses and will keep you informed regularly.

Please read our tip sheet on how you can reduce costs in your case.

Our attorneys and staff charge a per-hour rate, which is billed in fractions of an hour. When you retain McKinley Irvin, you pay an advance fee deposit (AFD), which is deposited into a trust account. Legal fees are then drawn from the retainer as your case continues and fees and costs are incurred. If the funds are used before the case is complete, you will be required to replenish the funds for work on your case to continue. When the case is finished, you will be reimbursed any unused funds.

There are no cost guarantees as the progression of every case is unique. Your initial advance fee deposit is to get started on your case, and additional funds may be needed periodically to ensure you maintain a positive balance in your trust account.

No. We require a positive trust balance to continue working on your case.

We do not send invoices. You will receive a monthly statement during the first week of every month for the previous month’s case work. It includes a breakdown of the fees, the work performed on your case for that month, and your current balance.

In a divorce case, you should be prepared to pay your own legal fees. It is more common for each party to pay their own legal fees, unless there is bad faith by one party or a considerable disparity in the parties’ financial situations.

When a party requests that the other side pay their legal fees, the court applies a basic two-pronged test: 1) does the person making the request have a financial need, and 2) does the person being asked to pay have the ability to pay. Both questions must be found to be true by the court to award attorney’s fees.

Our goal is to maintain, preserve, and obtain what you value most. During every step of the case, we help our clients set reasonable expectations in order to obtain the best results possible. Our team is dedicated to outstanding communication and developing a relationship of trust with our clients. While we cannot guarantee a particular outcome, we will look at your case from every angle, help you set practical goals, and work to help achieve them.

The length of time before a divorce is finalized varies considerably based on several variables. Often, the most significant factors include the number of complex issues in the case and how quickly the parties can reach an agreement. Cases with children, high assets, or contested issues often take longer. Most divorces take between four and eighteen months to be resolved. Your attorney can give you an estimate of how long your case might take based on your situation.

Read more on “How Long Does a Divorce Take” to learn the factors that contribute to the length of a divorce.

Your legal team includes your attorney and their support staff, including (but not limited to) a paralegal and a legal assistant. Your attorney’s primary duty is to give legal advice and advocate for your interests during the divorce process, including in negotiations, mediation, and/or trial. They, along with the rest of the legal team, are responsible for preparing and filing all required legal documents with the court. Your attorney will also negotiate agreements on or litigate the issues in your divorce, including asset/debt division, child custody/support, and spousal support.

Read more about what a divorce attorney does for their client.

If you have case-related questions, please contact your attorney and/or paralegal for assistance.

If you have questions regarding billing, payments, or advanced fee deposits, please contact your account representative.

For questions regarding your experience with the firm, please contact your client experience representative.

We know our clients appreciate prompt responses to their questions. We strive for same business day return of phone calls and emails by either your attorney or a staff member, if possible. It is a firm standard to respond within 24 hours during the work week.

To file for divorce in Renton, you must submit a petition for dissolution of marriage to the King County Superior Court. At least one spouse must be a Washington resident. An experienced Renton divorce attorney can help ensure all paperwork is filed correctly and guide you through the process.

Learn more about the divorce process in Washington State

Washington is a community property state, meaning most assets and debts acquired during the marriage are divided equally. However, factors such as the length of the marriage, each spouse’s financial situation, and future needs may influence how property is ultimately distributed. Our attorneys can help protect your interests during this process.

Learn more about property division

Child custody in Washington is based on the best interests of the child. Courts consider factors such as each parent’s relationship with the child, parenting abilities, and stability. A parenting plan is required and outlines how custody and visitation will be handled. Our Renton family law attorneys work to create parenting plans that support your child’s well-being.

Learn more about child custody and parenting plans

Divorce is a legal process that requires working with the court to finalize the divorce, but this does not mean you have to go to trial. A large percentage of divorces in Washington are resolved outside the courtroom through negotiation, mediation, or the collaborative law process. An attorney can help guide you through these options and work toward a resolution that avoids unnecessary litigation.

Learn more about what a divorce attorney will do for you

The cost and timeline of a divorce vary depending on factors such as complexity, whether the divorce is contested, and if there are child custody or property disputes. In Washington, there is a mandatory 90-day waiting period, but many cases take longer. We offer consultations to help you understand the potential costs and timelines based on your specific situation.

Learn more about divorce costs and timelines in our Guide to Getting a Divorce in Washington State: Deciding to Divorce

Divorces filed in Seattle are handled through the King County Superior Court, located in downtown Seattle. Washington law requires a mandatory 90-day waiting period that begins once the divorce petition is filed and served. While a divorce can be finalized at the end of that period, most Seattle divorces take longer. Depending on complexity, disputed issues, and court scheduling, most cases resolve within four to eighteen months. A Seattle divorce attorney can evaluate your situation and give you a more tailored timeline based on your specific circumstances.

Read our blog post “How Long Does a Divorce Take” to learn about factors that contribute to the length of a divorce.

Seattle divorce attorneys typically charge an hourly rate, billed in increments of time. Most cases require an advance fee deposit, commonly called a retainer, which is placed into a trust account and applied as work is performed. The total cost of a divorce varies based on factors such as whether the case is contested, involves children, or includes complex financial issues. During your consultation, a Seattle family law attorney can help you understand likely costs and discuss ways to manage legal fees efficiently.

Learn more about retainers and legal fees in divorce in our Guide to Getting a Divorce in Washington State.