{"id":377084,"date":"2018-12-14T17:38:08","date_gmt":"2018-12-14T22:38:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/washington-law\/washington-divorce-process.html"},"modified":"2024-12-18T14:28:20","modified_gmt":"2024-12-18T19:28:20","slug":"washington-divorce-process","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/washington-law\/washington-divorce-process.html","title":{"rendered":"Washington Divorce Process"},"content":{"rendered":"\n
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Washington Divorce Process<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Divorce is difficult, regardless of how well you get along with your spouse. One way to make it less intimidating is to become familiar with the divorce laws<\/a> in your state. It also helps to understand how divorce works from a practical standpoint.<\/p>\r\n

Here, we’ll describe the Washington divorce process<\/a>. We will also explain how to file your divorce petition.<\/p>\r\n

If you still have questions about your divorce and need legal advice, contact a local attorney<\/a>.<\/p>\r\n

Summary of the Washington Divorce Process<\/b><\/h2>\r\n

Statutory language is usually legal jargon, making it confusing to read and understand. Reading an overview of the statute can help you better understand Washington State’s divorce<\/a> process. In the table below, you’ll find a general overview of the divorce process in Washington and links to applicable statutes.<\/p>\r\n\r\n
Statutes<\/th>\r\n

Washington Revised Code Section 26.09.002<\/a>, et seq. (Dissolution Proceedings \u2014 Legal Separation)<\/p>\r\n<\/td>\r\n<\/tr>

Residency requirements to file for divorce<\/th>\r\n

At least one spouse must be a resident of Washington. You are not required to live in-state for a specific period.<\/p>\r\n<\/td>\r\n<\/tr>

Waiting period before divorce is finalized<\/th>\r\n

The family law judge can’t issue your final divorce for 90 days after you file your divorce petition with the county court.<\/p>\r\n<\/td>\r\n<\/tr>

General steps for an uncontested divorce in Washington<\/th>\r\n
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  1. Complete the divorce forms<\/a>, including the Petition for Divorce.<\/li>\r\n
  2. File your Petition for Divorce in the county where you live.<\/li>\r\n
  3. Serve your spouse (respondent) with a copy of the divorce papers.<\/li>\r\n
  4. In an uncontested divorce, the respondent only needs to sign the "Acceptance of Service" to acknowledge receipt.<\/li>\r\n
  5. Sign and file the final divorce documents.<\/li>\r\n<\/ol>\r\n<\/td>\r\n<\/tr>
Related statutes<\/th>\r\n

Washington Revised Code Section 26.16.010<\/a>, et seq. (Rights and Liabilities \u2014 Community Property)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a Washington divorce attorney or conduct legal research to verify your state’s laws.<\/i><\/p>\r\n

How To Qualify for Divorce in the State of Washington<\/b><\/h2>\r\n

You must meet specific requirements to file a petition for divorce in Washington. First, you must meet the state’s residency requirement<\/a>. Washington is more lenient than most other states on this rule. If you (or your spouse) live in Washington at the time of your petition, the court will accept your divorce papers.<\/p>\r\n

Washington Courts also have a mandatory waiting period<\/a>. The judge can’t issue your final order for divorce until 90 days after your divorce petition. This is a cooling-off period where you and your spouse can reconsider your decision to part ways.<\/p>\r\n

Finally, you must pay a filing fee to the local superior court. When you submit your petition for dissolution of marriage<\/a> to the court clerk, you must attach payment. You can request a fee waiver if you can’t afford the filing fee. But there’s no guarantee the court will approve your request.<\/p>\r\n

Types of Divorce Available in Washington<\/b><\/h2>\r\n

Washington is a no-fault divorce state<\/a>. Not only does the court not require you to lay blame for the demise of the marriage, but it won’t allow you to. The only grounds for divorce in Washington is that your marriage is irretrievably broken.<\/p>\r\n

You must decide whether your divorce case will be uncontested or contested<\/a>. In an uncontested divorce, the parties agree that divorce is the best option. They also agree to the significant divorce terms.<\/p>\r\n

You and your spouse will submit a divorce settlement agreement<\/a> to the court for approval. Once the judge approves your settlement, they will issue your final divorce decree. Remember: they can only do this once 90 days have passed since you filed your petition.<\/p>\r\n

In a contested divorce, the parties disagree on material divorce terms. Some of these may include:<\/p>\r\n