Divorce can be overwhelming, but Washington State law keeps it nice and easy, especially compared to other states. This book dissects everything you need to know about divorcing in Washington, from paper work and cost to child custody and dividing up property.
No-Fault Divorce in Washington
In Washington, you don't have to establish fault in order to get a divorce. The legal grounds are simple: you declare your marriage "irretrievably broken." That is all. Your spouse can agree or disagree, but the court will go forward as long as the requirements are legal.
Do You Qualify to File for Divorce in Washington?
Washington’s residency rule is flexible. Either you or your spouse must:
- Live in Washington at the time of filing
- Or stay on duty in Washington as active military
There’s no minimum time requirement, unlike in some other states.
How Long Does It Take?
There's a 90-day waiting period from the date your spouse is served divorce papers (or signs a Joinder). Even when you both agree to everything, you must wait the entire 90 days before the court can finalize your divorce.
Take into account that most Washington divorces actually last 3 to 12 months, based on how complicated your case is.
What Documents Do You Need?
Here’s a look at the typical documents involved in a Washington divorce:
Document | Purpose |
Petition for Dissolution of Marriage | Starts the divorce case |
Summons | Official notice to your spouse |
Confidential Information Form | Provides sensitive details (not shared with your spouse) |
Vital Statistics Form | Updates state records after the divorce is final |
Financial Declaration | Lists income, expenses, debts, and assets |
Parenting Plan (if kids involved) | Describes custody, schedules, and decision-making |
Child Support Worksheets | Calculates child support based on Washington guidelines |
Final Divorce Order | The court order that officially ends the marriage |
Fees and Costs: What to Expect
Filing fees for divorce in Washington usually range from $280 to $350, depending on the county. Here are other possible expenses:
Cost Category | Typical Amount |
Filing Fees | $280-$350 (varies by county) |
Service of Process | $50-$100 |
Mediation (if needed) | $150-$300 per session |
Attorney’s Fees | Varies, usually billed hourly |
Fee Waivers | Available for those who qualify |
How Property and Debts Are Divided
Washington is a community property state, which follows specific rules for dividing assets and debts during a divorce. Here’s what that means for couples ending their marriage:
Equal Division of Marital Property
Most of the property and income either spouse acquires during the marriage is considered community property. This typically includes salaries, retirement savings, real estate, vehicles, investments, and even household items bought during the marriage. In most cases, the court will divide this property 50/50, regardless of who earned more money or whose name is on the title.
What Counts as Separate Property
Separate property usually refers to anything one spouse owned before the marriage, along with inheritances or gifts received by just one spouse. However, separate property can sometimes lose its protected status if it’s mixed (or "commingled") with community property. For example, if you inherited money but deposited it into a shared bank account and used it for joint expenses, a court might decide that it has become community property.
Dividing Debts
It’s not just about splitting assets. The court also divides debts. This includes credit card balances, loans, and mortgages that were taken on during the marriage. The goal is to split debts fairly, which usually, but not always, means equally. If one spouse ran up debt irresponsibly (such as gambling debts or expenses related to an affair), the court may assign those specific debts to that person.
Judicial Discretion
Although the starting point is a 50/50 split, judges can adjust this division if they believe an exact split would be unfair. The court may consider factors like each spouse's financial situation, health, or contributions to the marriage.
Agreements Between Spouses
If you and your spouse agree on how to divide property, the court will usually honor your agreement as long as it seems fair and both parties entered it voluntarily.
This system aims to keep property division straightforward, but in practice, determining what’s community property and what’s separate can get complicated—especially when assets are mixed or have increased in value during the marriage. In these situations, legal advice is often recommended.
Parenting Plans and Child Custody?
If you have children, Washington law requires you to create a “Parenting Plan” as part of your divorce. This document outlines where the children will live, how visitation and schedules will work, and how major decisions, such as those about education, healthcare, and religion will be made. The court's primary focus is always the “best interests of the child” ensuring stability, safety, and meaningful relationships with both parents whenever possible. If parents can’t agree on a plan, the judge will decide based on what arrangement serves the child’s well-being
How Is Child Support Calculated
Child support is determined using the Washington State Child Support Schedule. It considers:
- Both parents’ incomes
- The number of children
- Parenting time and expenses
Support usually continues until a child turns 18 or graduates high school, whichever is later.
Spousal Maintenance (Alimony)
In Washington, spousal support is called maintenance, and it’s not guaranteed in every divorce. The court decides whether to award maintenance by considering several factors, including the length of the marriage, each spouse’s financial need and earning ability, and the age, health, and lifestyle maintained during the marriage. The court also looks at whether the paying spouse has the ability to afford support while still meeting their own needs. Maintenance can be temporary, to help one spouse get back on their feet, or long-term in cases where a spouse cannot reasonably become self-supporting due to age, health, or the length of the marriage.
Temporary Orders
If you need immediate decisions while your divorce is in progress, you can ask the court for temporary orders. These cover:
- Temporary child custody
- Child support or spousal maintenance
- Who stays in the family home
- Payment of bills
- Protection orders in cases of domestic violence
Legal Separation
Washington allows legal separation if you’re not ready for a full divorce. The process is nearly identical to divorce but leaves you legally married. This can be useful for financial reasons, health insurance, or religious beliefs.
Do You Need a Lawyer?
You are not required to hire a lawyer in Washington. Many people handle simple, uncontested divorces on their own using court forms. But if your case involves:
- Disagreements about property, custody, or support
- Domestic violence
- High-value assets or complex finances
It’s a good idea to consult an attorney.
Washington has resources to make the process easier:
- WashingtonLawHelp.org: Free guides and forms
- Washington Courts Forms: Official forms and instructions
- County Court Facilitators: Help with paperwork and procedures
- Local legal aid programs: For those who qualify for free legal help