LGBTQ+ couples in Washington follow the same legal process for divorce as opposite-sex couples. However, there are specific situations that can create additional legal considerations. This guide explains how divorce works for same-sex and LGBTQ+ couples in Washington, including marriage, domestic partnerships, property division, child custody, and spousal support.
Legal Recognition of Same-Sex Marriage in Washington
- Same-sex marriage has been legal in Washington since December 6, 2012.
- Domestic partnerships for same-sex couples were available starting in 2007.
- On June 30, 2014, most state-registered domestic partnerships were automatically converted to marriages, except when one partner was over age 62.
- Out-of-state same-sex marriages and domestic partnerships are generally recognized in Washington.
Divorce Process for LGBTQ+ Couples
The process of divorce in Washington is generally the same for all married couples, regardless of sexual orientation or gender identity. However, it’s important to understand the basic legal steps involved. Here’s how it works:
Residency Requirement
Before you can file for divorce in Washington, at least one spouse must meet the state’s residency requirement. This means:
- At least one spouse must live in Washington State at the time of filing the divorce paperwork,
OR
- Be an active-duty member of the military stationed in Washington.
Important: Unlike some other states, Washington does not require you to live in the state for a certain number of months or years before filing. You can file as soon as you meet the residency rule described above.
This rule applies equally to same-sex couples, opposite-sex couples, and domestic partners seeking dissolution.
No-Fault Divorce
Washington is a no-fault divorce state. The only ground for divorce is the irretrievable breakdown of the marriage.
There is a 90-day mandatory waiting period from the date the divorce petition is filed and served before the court can finalize the divorce.
Property and Debt Division
Washington uses community property laws. This means:
Type of Property | How It’s Handled |
Community Property | All property and debts acquired during the marriage are generally divided equally (50/50). |
Separate Property | Property owned before the marriage, or received as a gift or inheritance, remains with the original owner unless it was mixed with marital assets. |
If the couple lived together before marriage, but married only after marriage equality became legal, the Committed Intimate Relationship doctrine may apply. This can allow property acquired before marriage to be divided fairly even if it is not legally “community property.”
Child Custody and Parenting
In Washington, child custody decisions are based solely on the best interests of the child, not the parents’ sexual orientation, gender identity, or marital history. The law applies equally to all families, including LGBTQ+ couples.
Legal Parent Status
Establishing who is a legal parent is the first step in any custody or parenting case. In Washington:
- If a child is born during a marriage, both spouses are presumed to be the legal parents, regardless of biological connection.
- If only one parent is biologically related to the child, but the other spouse did not legally adopt the child, the non-biological parent may still seek parental rights as a de facto parent.
A de facto parent is someone who has:
- Lived with the child
- Acted as a parent in every way, without pay
- Formed a bonded, parental relationship
- Been supported in that role by the legal parent
Washington law allows the court to grant legal parent status to a de facto parent when these criteria are met.
Establishing Legal Parentage
To avoid custody disputes, same-sex couples are encouraged to take legal steps to establish parentage during the relationship. Options include:
- Voluntary Acknowledgment of Parentage (VAP):A legal document that confirms both parents’ rights, regardless of biology.
- Second-Parent Adoption (also called co-parent adoption):This allows the non-biological parent to adopt the child without removing the first parent’s legal status. It ensures both parents have equal legal rights.
These legal protections make it easier to resolve parenting arrangements in a divorce.
Parenting Plans
Washington law requires all divorcing parents with children to create a Parenting Plan, whether or not they are the child’s biological parents.
A Parenting Plan outlines:
- Primary residence: Where the child will live most of the time.
- Residential schedule: When the child will spend time with each parent.
- Decision-making authority: Who will make decisions about the child’s education, healthcare, and religious upbringing.
- Dispute resolution: How the parents will resolve disagreements in the future.
If parents cannot agree on a plan, the court will create one based on the child’s best interests.
Spousal Support (Maintenance)
Spousal support (called maintenance in Washington) is not automatic. The court considers:
- Length of the marriage
- Each spouse’s financial situation
- Age, health, and employment capacity of both spouses
- The standard of living during the marriage
For LGBTQ+ couples who were together long before marriage became legal, the court may consider the length of the entire relationship, not just the legal marriage, when deciding maintenance.
Child Support
Washington uses the income shares model to calculate child support. Both parents’ incomes are considered. The goal is to provide the child with the same proportion of financial support they would have received if the parents were still together.
Domestic Partnerships and Dissolution
If you are still in a registered domestic partnership, you must file a Petition for Dissolution of Domestic Partnership. The process is similar to divorce.
If your domestic partnership was automatically converted to marriage, you must file for divorce.