Going through a divorce in Washington State is never easy. While Washington is a no-fault divorce state, meaning you don’t need to prove misconduct to end your marriage, many factors still influence how your divorce unfolds. From how your property is divided to who gets primary custody of the children, several legal and personal elements come into play.
No-Fault Divorce in Washington
First, it’s important to know that Washington is a no-fault divorce state. This means that you don’t need to provide reasons like adultery or cruelty to file for divorce. You simply need to declare that your marriage is “irretrievably broken.”
Even if your spouse doesn’t agree, you can still proceed. In Washington, filing for divorce is your legal right as long as you meet the residency requirement (you live in the state or are stationed here if you’re in the military).
However, just because fault isn’t required to end a marriage doesn’t mean fault never matters. Some behaviors, such as domestic violence, hiding assets, or neglecting parenting responsibilities, can still affect key decisions in your case.
Major Factors That Influence Divorce in Washington
Let’s look at the main Washington divorce influencing factors that affect the outcome of your case:
1. Child Custody and Parenting Plans
When parents separate, the court must decide where the children will live and how parenting time is shared. Washington courts prioritize the best interests of the child, considering:
- Each parent’s relationship with the child
- Stability and consistency in the child’s life
- Each parent’s ability to provide a safe and nurturing home
- The child’s connections to school, community, and family
- Any history of domestic violence or abuse
Washington uses parenting plans instead of traditional custody terms. These plans outline who makes decisions (legal custody) and where the child lives (physical custody). If parents can’t reach an agreement, the court decides for them.
2. Spousal Support (Alimony)
Not all divorces involve spousal support (also called alimony or maintenance), but when one spouse is financially dependent on the other, the court may order payments. Factors that influence spousal support include:
- Length of the marriage
- Standard of living during the marriage
- Each spouse’s financial resources
- One spouse’s ability to become financially self-supporting
- Health and age of each spouse
- Contributions as a stay-at-home parent or homemaker
Washington law (RCW 26.09.090) gives judges wide discretion, so consulting with a divorce attorney is key if you think spousal support will be an issue.
3. Division of Property and Debts
Washington is a community property state, meaning that most assets and debts acquired during the marriage are jointly owned and must be divided fairly. This includes:
- Real estate
- Bank accounts
- Retirement accounts
- Vehicles
- Debts like credit cards or loans
Some property is considered separate property, such as:
- Assets acquired before the marriage
- Inheritances or gifts to one spouse
- Certain personal injury settlements
However, courts can consider separate property when trying to achieve equitable distribution, especially in longer marriages or when one spouse is financially disadvantaged.
When determining how to divide property and debts in a Washington divorce, judges consider several important factors beyond just who owns what. They look closely at each spouse’s overall financial situation, including income, assets, and earning potential. If one spouse has recklessly spent or hidden marital funds, such as through gambling, excessive shopping, or supporting an affair, that behavior may influence the court’s decision. Judges also weigh each person’s contributions to the marriage, whether financial or non-financial.
For example, a spouse who stayed home to raise children or manage the household still made a significant contribution, even if they didn’t earn income. Additionally, the court may consider which parent has primary custody of the children, since keeping the children in the family home may provide stability and reduce disruption during and after the divorce.
4. Child Support
Parents have a legal obligation to financially support their children. Child support in Washington is calculated using a standard formula based on:
- Each parent’s income (salary, wages, bonuses, etc.)
- Number of children involved
- Special expenses, such as daycare, medical costs, or extracurricular activities
If one parent is financially supported by the other through child support, the court may also adjust for parenting time. For example, if a parent has the children for more than 90 overnights per year, child support may be reduced.
Washington provides a free child support calculator through the Department of Social and Health Services to estimate potential payments.
5. Domestic Violence and Abuse
Domestic violence can significantly affect the outcome of a divorce in Washington. Even though the state follows a no-fault divorce system meaning you don’t need to prove abuse to file for divorce evidence of domestic violence still plays a critical role in key decisions.
For example, if one parent has a history of abuse, the court may limit or supervise their time with the children to protect the child’s safety and emotional well-being. Judges can issue protective orders or restraining orders to prevent further harm, especially in cases involving threats or physical violence.
Domestic violence can also impact how property is divided. If the abuse caused financial harm, trauma, or manipulation of shared assets, the court may adjust property settlements to account for this imbalance. Overall, Washington courts prioritize the interests of the child and the safety of both parties, making domestic violence a serious factor in divorce proceedings.
6. Employment and Financial Stability
When one spouse has a steady income and the other does not, it can significantly affect how the divorce is resolved in Washington. Spousal support decisions often hinge on this financial gap. The court may order the higher-earning spouse to provide temporary or long-term financial support to help the other partner transition toward independence. Income differences also play a role in how debts are divided, as the spouse with greater financial stability may be assigned a larger share of the marital debts or be better positioned to handle ongoing payments.
Additionally, the question of who keeps certain assets, like the family home, can depend on each spouse’s ability to afford the mortgage and maintenance costs. For spouses who have been out of the workforce, such as a stay-at-home mother or father, the court typically acknowledges the need for time, education, or job training to regain financial footing. These factors are carefully weighed to ensure a fair and equitable divorce settlement that considers both parties' future stability.
7. Health Insurance and Medical Costs
Divorce often impacts health coverage. For example, if one spouse had health insurance through the other’s employer, they may need to seek:
- COBRA coverage
- Medicaid (Washington Apple Health) if they meet income limits
- A new policy through the healthcare exchange
Healthcare costs can factor into decisions about spousal support and post-divorce budgets.
How Long Does the Washington Divorce Process Take?
At minimum, Washington divorces require a 90-day waiting period after filing and serving the divorce petition. However, complicated cases, especially those involving property division, parenting plans, or spousal support, often take longer, sometimes several months or even a year.
Do You Need a Divorce Attorney?
While it’s possible to file for divorce without a lawyer, working with an experienced divorce attorney is usually recommended if:
- You have children
- You have complex assets or debts
- You are concerned about domestic violence or safety
- You need to protect your interests during negotiations
An attorney can help you reach an agreement, file paperwork properly, and avoid costly mistakes.
If you’re considering divorce, take the time to consult with a professional who can guide you through the steps and help you make the best decisions for your future.