Washington Divorce Laws: Complete Legal Guide
Washington State divorce law, formally called "dissolution of marriage," is governed by a pure no-fault system where the only ground is that the marriage is irretrievably broken. Understanding Washington's community property division, mandatory 90-day waiting period, spousal maintenance factors, and the simplified uncontested process is essential when navigating divorce in the Evergreen State.
Key Takeaways
- Washington is a pure no-fault state - only ground is "irretrievably broken" marriage
- Washington is a community property state - property acquired during marriage divided equally (presumptively 50/50)
- Mandatory 90-day waiting period from service of papers before divorce can be finalized
- No minimum residency period - either spouse must be WA resident or military stationed in WA
- Uncontested divorces can be completed without court hearing in most cases
- Spousal maintenance determined by multiple factors, no strict formula
- Simplified dissolution available for very simple cases (no children, limited property, married under 8 years)
Residency Requirements for Divorce in Washington
Washington has minimal residency requirements under RCW 26.09.030:
Who Can File
You can file for dissolution of marriage in Washington if:
- Either spouse is a resident of Washington State, OR
- Either spouse is a member of the armed forces stationed in Washington
No minimum time requirement: Unlike many states, Washington does not require you to have lived in the state for any specific period before filing. You can file immediately upon becoming a Washington resident.
Where to File
File your Petition for Dissolution in Superior Court of the county where:
- You reside, OR
- Your spouse resides, OR
- Either of you is stationed (if military)
Dissolution vs. Divorce
Washington law uses the term "dissolution of marriage" rather than "divorce." The terms mean the same thing - legally ending a marriage. Washington also offers "legal separation" which keeps the marriage intact but addresses property, support, and custody issues.
Grounds for Dissolution in Washington
Washington is a pure no-fault state under RCW 26.09.030. The only legal ground for dissolution is:
Irretrievably Broken Marriage
The court must find that "the marriage is irretrievably broken." This requires only one party to assert that the marriage cannot be saved. Key points:
- No proof of fault required: You don't need to prove adultery, abuse, abandonment, or any wrongdoing
- One party sufficient: If one spouse says the marriage is irretrievably broken, that is sufficient - the other spouse cannot prevent divorce by disagreeing
- No specific reasons needed: You don't have to explain why the marriage failed or provide evidence of breakdown
- Fault irrelevant to divorce: Misconduct by either spouse is not a ground for or against dissolution
Can Fault Ever Matter?
While fault doesn't affect whether you can get divorced, it may have limited relevance to:
- Property division: If one spouse's misconduct substantially affected the marital estate (e.g., gambling away savings, transferring assets to paramour), courts may consider this when dividing property
- Spousal maintenance: In rare cases, particularly egregious conduct may be considered when determining maintenance amount or duration
- Attorney's fees: Courts may award attorney's fees based on one party's unreasonable behavior during the divorce process
However, these situations are exceptions. In the vast majority of Washington divorces, fault plays no role whatsoever.
The 90-Day Waiting Period
Washington requires a mandatory 90-day waiting period under RCW 26.09.030(3) before any dissolution can be finalized.
How the 90 Days Works
- Starts when: The 90 days begins on the date your spouse is served with the Summons and Petition (not the filing date)
- Applies to all cases: Even completely uncontested divorces must wait the full 90 days
- Cannot be waived: The waiting period can only be waived in extraordinary circumstances (extremely rare)
- Calendar days: The 90 days are calendar days, not business days
Purpose of Waiting Period
The 90-day period provides:
- Time for reconciliation if either party changes their mind
- Cooling-off period to make thoughtful decisions about property and children
- Time to complete financial disclosures and negotiations
- Opportunity to attend mediation or counseling if desired
What Happens During the 90 Days
During the waiting period:
- You can continue to live together (separation not required)
- You should exchange financial information
- You can negotiate settlement terms
- You can attend mediation
- Either party can request temporary orders for support, custody, or restraining orders
Community Property Division in Washington
Washington is one of nine community property states. Under RCW 26.16.030, property acquired during marriage is presumed to be owned equally by both spouses.
Community Property vs. Separate Property
Community Property (Subject to Division)
All property and debts acquired during the marriage from the date of marriage until the date of separation are presumed to be community property, including:
- Income earned by either spouse during marriage
- Property purchased with community funds
- Retirement benefits accrued during marriage
- Business interests acquired or increased during marriage
- Debts incurred during marriage for community purposes
Separate Property (Not Divided)
Property that remains with the spouse who owns it:
- Property owned before the marriage
- Property acquired during marriage by gift or inheritance (to one spouse only)
- Property acquired in exchange for separate property
- Increase in value of separate property if passive (not due to community effort)
- Property designated as separate by valid agreement
Tracing Separate Property
The spouse claiming property is separate bears the burden of proof. You must "trace" the separate property with clear documentation showing:
- Source of funds used to acquire property
- That property was acquired before marriage or by gift/inheritance
- That separate property was not commingled with community property
Commingling risk: If separate funds are mixed with community funds (e.g., depositing inheritance in joint account), the property may become community property through commingling.
Just and Equitable Division
Under RCW 26.09.080, courts divide community property "in a manner the court deems just and equitable after considering all relevant factors."
Presumption: 50/50 Division
Courts start with the presumption that community property should be divided equally (50/50). However, courts can deviate from equal division based on:
| Factor | Description |
|---|---|
| 1. Nature and Extent of Property | Community property vs. separate property, liquid vs. non-liquid assets |
| 2. Duration of Marriage | Length of the marriage - longer marriages more likely to get 50/50 split |
| 3. Economic Circumstances | Each spouse's financial situation, earning capacity, and needs at time of division |
| 4. Custodial Parent Needs | Need for custodial parent to occupy family home or maintain children's stability |
| 5. Age and Health | Physical and mental health, age, and ability to work |
| 6. Homemaker Contributions | Contributions as homemaker and parent during the marriage |
| 7. Educational/Career Sacrifices | One spouse's sacrifice of career or education for the benefit of the family |
| 8. Tax Consequences | Tax implications of proposed distribution to each party |
| 9. Other Relevant Factors | Any other factor the court finds relevant to achieving equity |
Common Community Assets
Family Home
Options for dividing the marital home:
- Sale and division: Sell home and split proceeds 50/50 (or per court order)
- One spouse keeps home: Refinances to remove other spouse, pays out equity share
- Deferred sale: Custodial parent stays in home until children reach 18, then home is sold
Retirement Accounts and Pensions
Retirement benefits accrued during marriage are community property:
- Determine community portion (accrued during marriage)
- Divide using Qualified Domestic Relations Order (QDRO) for ERISA plans
- Division can occur now or at retirement (deferred division)
Businesses
Business interests acquired or increased during marriage are community property:
- Requires professional business valuation
- Must determine separate vs. community portions
- Options: buy-out, co-ownership, or liquidation
Debts
Community debts are also divided equitably:
- Credit card debt incurred during marriage
- Mortgages and home equity loans
- Car loans
- Student loans (may be separate or community depending on timing and purpose)
Spousal Maintenance (Alimony) in Washington
Washington law provides for spousal maintenance (also called alimony or spousal support) under RCW 26.09.090.
Types of Maintenance
1. Temporary (Pendente Lite) Maintenance
Support paid during divorce proceedings to maintain the status quo until final orders.
2. Short-Term (Rehabilitative) Maintenance
Support for a specific period to allow spouse to obtain education, training, or employment to become self-sufficient.
3. Long-Term (Permanent) Maintenance
Support for extended period or indefinitely, typically in longer marriages where dependent spouse cannot become self-supporting due to age or disability.
Maintenance Factors
Washington courts consider multiple factors under RCW 26.09.090 when determining maintenance:
| Factor | Description |
|---|---|
| 1. Financial Resources | Financial resources of spouse seeking maintenance, including separate property and ability to meet needs independently |
| 2. Time Needed for Education/Training | Time necessary to acquire sufficient education or training to enable spouse to find appropriate employment |
| 3. Standard of Living | Standard of living established during the marriage |
| 4. Duration of Marriage | Length of the marriage (longer marriages more likely to result in maintenance) |
| 5. Age, Health, and Condition | Age, physical and emotional condition, and financial obligations of spouse seeking maintenance |
| 6. Ability to Pay | Ability of spouse from whom maintenance is sought to meet their own needs while paying maintenance |
No Strict Formula
Unlike some states, Washington does not use a mathematical formula to calculate spousal maintenance. Courts have broad discretion to determine:
- Amount: How much should be paid monthly
- Duration: How long maintenance should last
- Type: Whether rehabilitative, long-term, or indefinite
General Guidelines (Not Rules)
While not binding, many Washington courts use these rough guidelines:
- Marriage under 5 years: Maintenance rarely awarded (short marriage)
- Marriage 5-10 years: Short-term rehabilitative maintenance (1-3 years)
- Marriage 10-25 years: Longer-term maintenance (3-10 years or until retirement)
- Marriage 25+ years: Long-term or indefinite maintenance often appropriate
Modification and Termination
Maintenance automatically terminates upon:
- Death of either party
- Remarriage of recipient
- Expiration of set term (if time-limited)
Maintenance can be modified upon showing of substantial change in circumstances such as:
- Significant income change for either party
- Retirement
- Disability or health changes
- Cohabitation by recipient (may reduce or terminate maintenance)
Child Custody and Support in Washington
Child Custody (Residential Schedule)
Washington uses the term "residential schedule" rather than "custody." Courts determine the parenting plan based on the best interests of the child under RCW 26.09.187.
Parenting Plan Components
All Washington divorces with children require a Parenting Plan that addresses:
- Residential schedule: Where child lives and when (day-to-day schedule)
- Decision-making authority: Who makes major decisions (education, healthcare, religion)
- Dispute resolution: How parents will resolve future disagreements
- Restrictions (if any): Limitations on either parent's time or decision-making
Best Interests Factors
Courts consider factors including:
- Emotional ties between child and each parent
- Each parent's involvement in child's life and care
- Child's relationship with siblings and extended family
- Child's adjustment to home, school, and community
- Mental and physical health of all individuals
- Child's preference (if of sufficient age and maturity)
- History of domestic violence or abuse
- Each parent's ability to encourage relationship with other parent
Child Support
Washington uses the Washington State Child Support Schedule under RCW 26.19 to calculate child support.
Child Support Calculation
The calculation considers:
- Combined monthly net income of both parents
- Number of children
- Residential schedule (percentage of time with each parent)
- Work-related childcare costs
- Health insurance premiums for the children
- Extraordinary medical expenses
- Other children each parent supports
Washington provides an online child support calculator through the Washington State Department of Social and Health Services (DSHS).
The Washington Dissolution Process
Step-by-Step Process
1. File Petition for Dissolution
File the following with Superior Court:
- Petition for Dissolution of Marriage
- Summons
- Confidential Information Form
- Filing fee: $280-$315 (varies by county; fee waiver available if indigent)
2. Serve Your Spouse
Serve spouse with Summons and Petition within 90 days of filing:
- Personal service by process server or sheriff
- Service by certified mail (if spouse agrees to accept)
- Acceptance of service (spouse signs acknowledgment)
File Proof of Service with the court. The 90-day waiting period starts on the date of service.
3. Spouse Responds
Spouse has 20 days to respond if served in Washington (60 days if served outside Washington):
- Files Response to Petition agreeing or disagreeing with proposed terms
- Can file counter-petition with different proposed terms
- If no response, you can proceed with default
4. Temporary Orders (If Needed)
Either party can request temporary orders for:
- Temporary child support
- Temporary spousal maintenance
- Temporary residential schedule (custody)
- Restraining orders
- Exclusive use of family home
5. Exchange Financial Information
Both parties complete and exchange Financial Declaration forms detailing:
- Income (wages, self-employment, investments, etc.)
- Monthly expenses
- Assets (real estate, vehicles, accounts, retirement, etc.)
- Debts (mortgages, loans, credit cards, etc.)
6. Negotiate Settlement or Litigate
If uncontested:
- Draft Separation Contract addressing property, debts, and maintenance
- Draft Parenting Plan if children
- Both parties sign agreements
If contested:
- Discovery (interrogatories, depositions, document requests)
- Mandatory settlement conference
- Mediation (required in some counties for parenting disputes)
- Trial if no settlement
7. Wait 90 Days
The divorce cannot be finalized until at least 90 days have passed since service of the Summons and Petition on your spouse.
8. Finalize Decree of Dissolution
After 90 days, submit final documents:
- Decree of Dissolution of Marriage
- Findings of Fact and Conclusions of Law
- Separation Contract (if agreed)
- Parenting Plan (if children)
- Child Support Order (if children)
- Qualified Domestic Relations Order (if dividing retirement)
Uncontested: Judge typically signs decree without hearing
Contested: Judge issues orders after trial
The divorce is final when the Decree is signed by the judge and filed with the clerk.
Timeline for Washington Divorce
| Type of Divorce | Typical Timeline |
|---|---|
| Uncontested (Simple) | 4-6 months (90-day minimum + 1-3 months paperwork) |
| Uncontested (Complex Property) | 6-9 months |
| Contested (Moderate) | 12-18 months |
| Contested (Complex/Trial) | 18-36+ months |
Simplified Dissolution
Washington offers a simplified dissolution procedure under RCW 26.09.015 for very simple cases.
Eligibility for Simplified Dissolution
You can use simplified dissolution if ALL of the following are true:
- Both spouses agree to the dissolution
- No children of the marriage (and wife is not pregnant)
- Married less than 8 years
- No real property (houses, land)
- No community debts over $8,000
- No separate debts over $4,000
- Total community property value under $60,000
- Total separate property value under $60,000 for each spouse
- Neither party requests spousal maintenance
- Both parties waive right to appeal
Simplified Dissolution Process
If eligible:
- Both spouses jointly file Petition for Simplified Dissolution
- Complete separation contract dividing property and debts
- Wait 90 days
- Submit final decree (usually no hearing required)
Simplified dissolution is faster and cheaper than regular dissolution but is available only for very simple situations.
Divorce Costs in Washington
Court Costs and Filing Fees
- Filing fee: $280-$315 (varies by county)
- Service of process: $50-$150
- Fee waiver: Available if you cannot afford filing fees
Attorney Fees
- Uncontested dissolution: $1,500-$5,000 (often flat fee)
- Contested dissolution: $10,000-$50,000+ depending on complexity
- Hourly rates: $200-$500+/hour depending on location and experience
Additional Costs
- Mediator: $150-$400/hour (typically split between parties)
- Real estate appraisal: $400-$600
- Business valuation: $5,000-$25,000+
- QDRO preparation: $600-$2,000 per retirement account
- Parenting evaluator: $3,000-$10,000 (if custody disputed)
Frequently Asked Questions
What are the grounds for divorce in Washington State?
Washington is a pure no-fault divorce state under RCW 26.09.030. The only legal ground for dissolution of marriage is that the marriage is "irretrievably broken." You do not need to prove fault, wrongdoing, or specific reasons for divorce. Neither spouse's misconduct (adultery, abuse, etc.) is legally relevant to obtaining the divorce itself. Fault may only be considered in limited circumstances for property division or spousal maintenance if it affected the marital estate.
How long do you have to wait to get divorced in Washington?
Washington has a mandatory 90-day waiting period from the date you serve divorce papers on your spouse until the court can finalize the divorce. This waiting period applies to all divorces, even if both parties agree on everything (uncontested). The 90 days cannot be waived except in extraordinary circumstances. The actual divorce process typically takes 3-6 months for uncontested cases and 12-18+ months for contested cases.
Is Washington a community property state for divorce?
Yes, Washington is one of only nine community property states. Under RCW 26.16.030, all property and debts acquired during marriage are presumed to be community property owned equally (50/50) by both spouses. Community property is divided "just and equitable" in divorce, which usually means 50/50 but can deviate based on factors like marriage duration, economic circumstances, and nature of property. Separate property (owned before marriage or received by gift/inheritance) remains with the original owner.
How is spousal maintenance (alimony) calculated in Washington?
Washington does not use a strict formula for spousal maintenance (called "spousal maintenance" or "alimony" in WA). Courts have broad discretion considering factors under RCW 26.09.090: financial resources of spouse seeking maintenance, time needed to obtain education/training for employment, standard of living during marriage, marriage duration, age and health, ability to pay, and other relevant factors. Maintenance can be temporary (during divorce), short-term (rehabilitative), or long-term. Courts typically award maintenance in marriages over 10-15 years where there's significant income disparity.
Can you get a divorce in Washington without going to court?
Yes, if your divorce is uncontested (both spouses agree on all issues), you can complete the divorce with minimal court involvement. Most uncontested Washington divorces do not require a court hearing - you file a Decree of Dissolution with all agreements documented, and if everything is in order, the judge signs it without requiring your appearance. However, you must still file with Superior Court, properly serve your spouse, wait the 90-day period, and submit all required forms. Contested divorces require court hearings and potentially trial.
Do you need to be separated before filing for divorce in Washington?
No, Washington does not require separation before filing for divorce. You can file for dissolution immediately without any waiting period or separation requirement. However, there is a mandatory 90-day waiting period AFTER you file and serve your spouse before the divorce can be finalized. During this 90-day period, you can still live together - separation is not required.
How long does a divorce take in Washington State?
Washington divorce timeline: Uncontested divorce takes minimum 90 days (mandatory waiting period) plus 1-2 months for paperwork, totaling approximately 4-6 months. Contested divorce typically takes 12-18 months or longer depending on complexity, discovery needs, custody disputes, and court availability. The 90-day waiting period starts when your spouse is served with divorce papers. Even if you agree on everything, the divorce cannot be finalized before 90 days have passed.
Finding Legal Help
If you're considering dissolution of marriage in Washington, consulting with an experienced family law attorney can help you understand your rights and options. An attorney can:
- Advise on community property division and tracing separate property
- Draft comprehensive separation contract protecting your interests
- Calculate fair spousal maintenance based on WA factors
- Develop parenting plan that serves children's best interests
- Navigate complex property valuations and QDRO requirements
- Represent you in negotiations or trial if necessary
To find a qualified family law attorney in Washington:
- Washington State Bar Association Lawyer Directory: www.wsba.org
- King County Bar Association Family Law Section: Referrals for Seattle-area attorneys
- Northwest Justice Project: Free legal help for low-income Washington residents
Legal Disclaimer
This guide provides general information about Washington State dissolution of marriage laws and is not intended as legal advice for any specific situation. Family law is complex and fact-specific. Court interpretations and procedural requirements can vary by county. For advice about your specific case, consult with a licensed Washington family law attorney who can evaluate your circumstances and provide guidance tailored to your situation.