If you’re considering divorce in Washington, understanding the Washington legal process is essential. Divorce isn’t just about signing papers. it’s a structured court process governed by Washington State Courts.
Where Divorce Cases Are Handled in Washington?
All divorces in Washington go through the Superior Court system. Each county has its own Superior Court, and this is where you’ll file your case. The Superior Court handles all family law matters, including:
- Divorce (also called dissolution of marriage)
- Child custody (known as parenting plans)
- Child support
- Spousal maintenance (alimony)
- Property and debt division
Filing for Divorce in Washington
The first step in the Washington legal process for divorce is filing a Petition for Dissolution of Marriage with the Superior Court. This document outlines your request to end the marriage and asks the court to resolve related matters like custody, property division, and support.
When you file the petition, you’ll also receive a Summons. The summons tells your spouse they are required to respond to the divorce request within a set time period.
The Role of Process Service in Divorce
Once the divorce paperwork is filed, Washington law requires you to notify your spouse through process service. This is a formal step where legal documents are delivered directly to the other party.
Proper service of process is critical. Without it, the court cannot proceed with your case. The rules for service are set out in the Superior Court Civil Rules (specifically, CR 4) and the Revised Code of Washington (RCW).
Method | Description |
Personal Service | The papers are physically handed to your spouse by a process server, sheriff, or neutral third party over the age of 18 who is not involved in the case. |
Substitute Service | If personal service isn’t possible, the documents can be left with another adult at the spouse’s home and then mailed. |
Service by Mail (with court approval) | In specific cases, the court may allow service by certified mail. |
Service by Publication | If your spouse cannot be located, you may publish a legal notice in a local newspaper after getting court permission. |
What Happens After Service?
Once your spouse is served, they have 20 days to file a Response to the Petition if they were served in Washington, or 60 days if served outside the state. If they don’t respond, you can request a default judgment, which may grant you everything you requested in your petition.
Washington’s No-Fault Divorce Process
Washington is a no-fault divorce state. This means neither spouse has to prove wrongdoing to get a divorce. You only need to state that your marriage is irretrievably broken.
There are no specific reasons like adultery or abandonment needed for the court to grant a divorce. The focus is on resolving the legal and financial ties between the parties fairly.
Even if both parties agree to the divorce terms, there’s a mandatory 90-day waiting period before the court can finalize the divorce. This countdown starts from the day your spouse is served or when they acknowledge receipt of the papers.
Child Custody and Parenting Plans in Washington
If you have children, the Washington legal process requires you to create a Parenting Plan. This document outlines:
- Where the child will live (residential schedule)
- How parenting time is divided between both parents
- Decision-making responsibilities for education, healthcare, and religion
- Communication guidelines between parents and children
Washington law treats same-sex and opposite-sex parents equally. Both parents are presumed to have equal rights if the child was born during the marriage or through a registered domestic partnership.
If one parent is not the child’s biological parent but has raised the child as their own, they may seek de facto parent status or complete a second-parent adoption to establish legal rights.
Property Division and Community Property Law
Washington is a community property state, which affects how assets and debts are divided during divorce. The court assumes that all property acquired during the marriage belongs equally to both spouses, regardless of whose name is on the title or account.
However, property brought into the marriage or received as a gift or inheritance is usually considered separate property, unless it was mixed with marital assets.
Spousal Maintenance (Alimony)
Washington courts may order spousal maintenance, also known as alimony, based on:
- The length of the marriage
- Each spouse’s income and earning potential
- The financial needs of the receiving spouse
- The paying spouse’s ability to pay
There is no fixed formula. The court decides based on fairness and the specific facts of your case.
Child Support Obligations
Child support in Washington is calculated using an income shares model, which considers both parents' incomes. The support amount ensures that children maintain a similar standard of living to what they would have had if the parents stayed together.
The court uses state guidelines to determine the monthly support amount, along with additional expenses like health insurance, daycare, and medical costs.
Court Fees and Costs
Filing for divorce in Washington comes with court fees. The standard filing fee is between $280 and $350, depending on the county. Other possible expenses include:
Service | Typical Cost |
Process Service | $50–$100 |
Mediation (if required) | $150–$300 per session |
Attorney’s Fees | Varies by firm |
Fee Waiver | Available for those who qualify based on income |
Once all issues are resolved, whether by agreement or court decision, the judge will sign a Final Divorce Order (Decree of Dissolution). This order finalizes the divorce, establishes custody arrangements, divides property, and sets support obligations.