{"id":377118,"date":"2016-03-31T21:37:12","date_gmt":"2016-04-01T02:37:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/washington-law\/washington-legal-requirements-for-divorce.html"},"modified":"2025-02-25T17:05:04","modified_gmt":"2025-02-25T22:05:04","slug":"washington-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/washington-law\/washington-legal-requirements-for-divorce.html","title":{"rendered":"Washington Divorce Laws"},"content":{"rendered":"\n
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Washington Divorce Laws <\/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

Washington has residency requirements<\/a> and mandatory waiting periods<\/a>. The State of Washington also has specific laws about the grounds for divorce.<\/p>\r\n

Here, we’ll summarize these laws for you. We will also briefly discuss how Washington state law impacts such issues as child custody<\/a>, alimony, and division of property. If you still have questions about your divorce case, consult an experienced Washington divorce lawyer<\/a>.<\/p>\r\n

Divorce Laws in Washington: At a Glance<\/b><\/h2>\r\n

Below are the main provisions of Washington’s divorce laws. See FindLaw’s Divorce<\/a> section, including Eligibility for Summary Divorce<\/a> and Settlement Agreements and Court Approval<\/a>.<\/p>\r\n\r\n
Code section<\/th>\r\n

 \u00a7 26.09.030 et seq.<\/a> of the Revised Code of Washington<\/p>\r\n<\/td>\r\n<\/tr>

Residency requirements<\/th>\r\n

The plaintiff must be a state resident or a member of the armed forces stationed in the State of Washington<\/p>\r\n<\/td>\r\n<\/tr>

Waiting period<\/th>\r\n

90 days must pass between the date of your petition and the day the judge issues your final decree of dissolution of marriage<\/p>\r\n<\/td>\r\n<\/tr>

No-fault grounds for divorce<\/th>\r\n

Irretrievable breakdown of the marriage<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are subject to change and can be quite complex. This is especially true when you have children or valuable assets. Contact a Washington divorce attorney or research the divorce laws in your state.<\/i><\/p>\r\n

Legal Requirements for Washington Divorce Case<\/b><\/h2>\r\n

Every state has specific legal requirements you must meet before filing your petition for dissolution of marriage. The first is Washington’s residency rule. According to the Revised Code of Washington \u00a7 26.09.030<\/a>, you (or your spouse) must live in Washington when you file your divorce petition. There is not a specific number of days you must live in-state before filing your divorce papers.<\/p>\r\n

You must file your divorce petition in your county of residence. For example, if you live in Seattle, you must file divorce papers with the King County court clerk. You must submit all the necessary forms, including worksheets and financial disclosures. If your spouse was the one living in-state, you’ll file your action in their county of residence.<\/p>\r\n

You must also pay the requisite filing fees. If you cannot afford the cost, you can request a waiver. If the court grants your waiver, you must pay the fee later.<\/p>\r\n

Washington family law also imposes a mandatory waiting period. This is the period the family court judge must wait before issuing your final divorce decree. R.C.W. \u00a7 26.09.030<\/a> dictates that 90 days must pass before the judge finalizes your divorce. For example, if you file for divorce on June 1, the judge must wait until Aug. 29 to issue your divorce judgment.<\/p>\r\n

Washington Is a No-Fault Divorce State<\/b><\/h2>\r\n

Every state recognizes no-fault divorce<\/a>. In Washington, this is the only type of divorce you can file. The state doesn’t offer traditional grounds for divorce. The courts aren’t concerned with marital misconduct when deciding a divorce case.<\/p>\r\n

To file a no-fault divorce, you must certify that there has been an irretrievable breakdown of your marriage<\/a>. You must also certify that there is no chance of reconciliation.<\/p>\r\n

Note: The reason the courts impose a 90-day waiting period<\/a> is to give the parties a chance to reconcile. It is a cooling-off period. The courts impose this waiting period because it encourages couples to stay married. Divorce is only an option for spouses who have exhausted all other options.<\/p>\r\n

Uncontested Divorce Case vs. Contested Divorce Action<\/b><\/h2>\r\n

There are two types of divorce in Washington: uncontested<\/a> and contested. Ideally, your case will be uncontested. In these cases, the spouses agree that divorce is the best option. They also agree to the material terms of divorce.<\/p>\r\n

Once you file your petition for dissolution of marriage, you can submit a copy of your marital settlement agreement<\/a>. The court will review and (hopefully) approve your settlement. Once this happens, the judge will schedule your final decree of dissolution for 90 days.<\/p>\r\n

In a contested divorce, the petitioner and respondent disagree on the divorce terms. Some of the most contentious issues in a divorce matter include the following:<\/p>\r\n