Washington Divorce Laws

Washington has residency requirements and mandatory waiting periods. The State of Washington also has specific laws about the grounds for divorce.

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

Divorce Laws in Washington: At a Glance

Below are the main provisions of Washington's divorce laws. See FindLaw's Divorce section, including Eligibility for Summary Divorce and Settlement Agreements and Court Approval.

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.

Legal Requirements for Washington Divorce Case

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 § 26.09.030, 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.

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.

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.

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. § 26.09.030 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.

Washington Is a No-Fault Divorce State

Every state recognizes no-fault divorce. 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.

To file a no-fault divorce, you must certify that there has been an irretrievable breakdown of your marriage. You must also certify that there is no chance of reconciliation.

Note: The reason the courts impose a 90-day waiting period 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.

Uncontested Divorce Case vs. Contested Divorce Action

There are two types of divorce in Washington: uncontested 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.

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

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:

• Child custody of minor children
• Residential schedule for visitation
• Child support
• Parenting plan
• Spousal maintenance
• Community Property vs. Separate Property
• Ownership of the family home
• Allocation of assets and liabilities

If you disagree, the Washington courts will decide for you. You have no control once you put your case in the judge's hands.

Sometimes, you have no choice but to file a contested divorce. For example, if you're the victim of domestic violence, there may be a restraining order in place. If so, you will not want to deal with your spouse directly.

Washington Is a Community Property State

There are nine community property states in the U.S. Washington State is one of them. When you divorce, the courts will split your property 50/50. Of course, this isn't always possible. It's not possible to divide a house or classic car in half. The courts will order a sale of real estate and split the proceeds between you and your spouse.

With this in mind, you should work hard to negotiate property division directly with your spouse. Your attorney can contact your spouse's lawyer and work out fair terms for both spouses.

Alimony and Spousal Support

There is never a guarantee that either party will receive alimony or spousal support. The Washington courts refer to this type of financial support as spousal maintenance.

When determining if either party deserves spousal maintenance, the courts consider the following:

• Length of the marriage
• Standard of living during the marriage
• Age and health of the spouses
• Assets each party receives in the divorce settlement
• Financial needs and resources of the spouses

The judge will review the above and determine the amount and duration of spousal support, if any.

Child Custody and Child Support

For the custody of minor children, the court's primary concern is the best interests of the child. Almost all family law courts use this standard when deciding child custody and child support.

The courts rely on the state child support guidelines when calculating the amount of support. The following factors may impact the amount of support paid each week/month.

• Age and health of the minor children
• Any of your children's special needs
• Income and expenses of the parents
• Number of days the custodial parent has the kids

The goal is to ensure that the kids enjoy a similar standard of living at both parents' homes. It isn't fair for the children to eat prime rib at one house and ramen noodles at the other.

Once the court decides on child support, it will issue a child support order. This order is enforceable like any other court order.

Get Legal Help With Your Divorce in Washington

Divorce can be challenging, both legally and emotionally. The good news is that you don't have to handle it yourself. An experienced Washington divorce lawyer can answer your questions about the divorce process in Washington. They'll also help navigate the family courts during your divorce proceedings.

Research the Law

• Washington Law
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.

Washington Legal Requirements for Divorce: Related Resources

• Understanding the Divorce Process
• Washington Annulment and Prohibited Marriage Laws
• Legal Separation vs. Divorce