Washington Filing for Divorce

If you're considering filing for divorce in Washington, understanding the full legal process can help you prepare, avoid delays, and make better decisions for your future. Washington law refers to divorce as the “dissolution of marriage”, and the process is designed to be accessible, especially for uncontested cases. Still, even a “simple” divorce can feel overwhelming without the right information.

Step 1: Make Sure You Meet the Residency Requirement

To file for divorce in Washington, either you or your spouse must have been a resident of the state for at least six monthsbefore filing. This is a strict requirement under Washington divorce law.

How to prove residency:

• A valid Washington driver’s license or ID card
• Voter registration showing a Washington address
• Testimony from a witness (in some cases)

If you don’t meet this requirement, you must wait until you or your spouse has established proper residency.

Step 2: Choose the Right Type of Divorce

Washington offers two main options:

Simplified Dissolution of Marriage

A fast-track divorce process, usually completed in about 30 days.

You can use this option if:

• You and your spouse agree the marriage is irretrievably broken
• No minor children or pregnancies exist
• No alimony is being requested
• You both agree on property division
• You’re both willing to sign the necessary paperwork and appear in court together

This option waives the right to a trial or appeal, so it’s only recommended if everything is fully agreed upon.

Regular Dissolution of Marriage

Used when couples:

• Have minor or dependent children
• Are requesting alimony
• Cannot agree on all issues (such as division of property or parenting time)

Regular dissolution can be contested or uncontested, depending on whether the spouse agrees to the terms.

Step 3: File the Petition

The spouse initiating the divorce (the petitioner) files a Petition for Dissolution of Marriage with the local Clerk of the Circuit Court.

What the petition includes:

• Statement that the marriage is irretrievably broken
• Requests for child custody, child support, alimony, or division of marital property (if applicable)
• Attachments like a financial affidavit or parenting plan

Filing fees are around $409, though fee waivers may be available based on income.

Step 4: Notify (Serve) the Other Spouse

The respondent (your spouse) must be formally notified through a legal process called service of process. This is essential, even in friendly or uncontested divorces.

Methods of service:

• Sheriff’s office or licensed process server
• Constructive service by newspaper publication (if spouse cannot be located)

Once served, your spouse has 20 days to respond.

Step 5: Financial Disclosures and Mandatory Documents

Washington law requires both spouses to provide full financial disclosure to ensure transparency and fairness.

You may need to file:

• Family Law Financial Affidavit (lists income, debts, and assets)
• Certificate of Compliance with Mandatory Disclosure
• Child Support Guidelines Worksheet (if children are involved)
• Parenting Plan and UCCJEA Affidavit (if applicable)

These documents are essential for determining alimony, child support, and property division.

Step 6: Take the Parenting Class (If You Have Kids)

If you have children under 18, Washington requires both parents to complete a Parenting Education and Family Stabilization Course. It’s a 4-hour class and can often be taken online.

Completion is mandatory before the court grants a final judgment.

Step 7: Mediation (If You Can’t Agree)

If your divorce is contested, the court may order mediation. This process involves a neutral third party helping you resolve issues like:

• Division of marital property
• Alimony
• Child custody
• Parenting time

If you reach an agreement, it’s documented in a Marital Settlement Agreement, which is filed with the court.

Step 8: Final Hearing or Trial

If everything is uncontested, you may only need to attend a short final hearing where a judge confirms all paperwork is complete. You’ll receive a Final Judgment of Dissolution of Marriage, making the divorce official.

If disputes remain, the case goes to trial. A judge will resolve any contested issues and issue a final ruling.

Step 9: Obtain Final Copies and Update Records

Once the divorce is finalized:

• Request certified copies of your final judgment (needed for name changes, bank accounts, etc.)
• Update your marital status with the Social Security Administration, banks, insurance providers, and others
• Ensure all terms (like child support or property transfer) are followed

Washington Divorce Filing at a Glance