Washington state operates under a no-fault Washington state divorce law system, which means you can obtain a divorce without proving that either spouse committed wrongdoing. Consulting a divorce lawyer early in the process can help protect your rights and navigate complex procedures. The state follows community property principles when dividing marital assets and debts, and requires a mandatory 90-day waiting period before any divorce can be finalized. Washington courts prioritize the best interests of children in all custody decisions and require detailed parenting plans for couples with minor children.

What Are the Basic Divorce Laws in Washington State?

Washington state divorce laws establish a no-fault system where couples can divorce based on irretrievable breakdown of marriage, follow community property rules for asset division, and require a 90-day waiting period before finalization. The state prioritizes children’s welfare through mandatory parenting plans and allows for both contested and uncontested divorce proceedings. Washington courts have broad discretion in determining spousal support based on various factors including marriage duration and each spouse’s financial circumstances.

Residency Requirements and Filing for Divorce

Before you can file for divorce in Washington state, you must meet certain residency requirements and follow specific procedural steps. The filing process involves several key requirements:

Residency: At least one spouse must be a resident of Washington at the time of filing, with no minimum residency period required
Filing location: You must file in the superior court of the county where either you or your spouse resides
Service of papers: The filing spouse (petitioner) must properly serve divorce papers on the other spouse (respondent)
Filing fees: Court filing fees are required, though fee waivers may be available for qualifying income levels
Required documentation: Specific forms including financial declarations and, for couples with children, proposed parenting plans

Understanding these requirements ensures you start the divorce process on solid legal footing. The process begins when you establish residency in Washington, which may allow you to file immediately after moving to the state. If both spouses live in Washington but in different counties, you can choose which county to file in based on either spouse’s residence.

Grounds for Divorce in Washington State

Washington state simplified divorce proceedings considerably by adopting a no-fault divorce system. The only ground for divorce in Washington is that the marriage is “irretrievably broken.” This means you don’t need to prove that your spouse committed adultery, abandoned you, or engaged in any other specific wrongdoing.

The irretrievably broken standard focuses on whether the marriage relationship has deteriorated to the point where there’s no reasonable prospect of reconciliation. Either spouse can file for divorce citing this ground, and the other spouse cannot contest the decision to divorce itself—though they can contest specific terms like property division or child custody arrangements.

Community Property Laws and Asset Division

Washington is one of nine community property states in the United States, which greatly impacts how assets and debts are divided during divorce. Under Washington’s community property laws, most property and debts acquired during the marriage belong equally to both spouses, regardless of whose name appears on titles or accounts.

Community property typically includes wages earned during marriage, property purchased with marital income, retirement benefits accrued during marriage, and debts incurred during the marriage. However, separate property—assets owned before marriage, inheritances, and gifts specifically given to one spouse—generally remains with the original owner.

The distinction between community and separate property isn’t always straightforward. For example, if separate property increases in value during the marriage due to the efforts of both spouses, that increased value might be considered community property. Similarly, if separate and community funds become mixed together (commingled), determining what belongs to whom can become complex.

Washington courts have discretion to divide community property in a manner that’s “just and equitable,” which doesn’t necessarily mean a 50-50 split. Factors considered include the nature and extent of community property, the duration of the marriage, each spouse’s economic circumstances, and other relevant factors.

Child Custody and Parenting Plans in Washington

Washington state takes a comprehensive approach to child custody through mandatory parenting plans. Rather than simply awarding “custody” to one parent, Washington requires divorcing parents to create detailed parenting plans that address decision-making authority, residential schedules, and dispute resolution methods.

The parenting plan must specify which parent makes major decisions about the child’s education, healthcare, and religious upbringing. It also establishes where the child will live and when they’ll spend time with each parent. Washington courts encourage parents to develop these plans collaboratively, though the court will impose a plan if parents cannot agree.

Washington’s standard is the “best interests of the child,” and courts consider numerous factors when evaluating parenting arrangements:

Each parent’s relationship with the child
The child’s adjustment to their home and school environment
The mental and physical health of all parties involved
Any history of domestic violence or substance abuse
Each parent’s willingness to encourage the child’s relationship with the other parent

Spousal Support and Maintenance

Spousal support, also called maintenance or alimony, isn’t automatically awarded in Washington divorces. Courts have broad discretion to determine whether spousal support is appropriate and, if so, how much and for how long. An experienced divorce attorney can help you understand how these factors may apply to your case.

Key factors courts consider when determining spousal support include:

The length of the marriage
Each spouse’s age and physical and mental health
Their earning capacity and education levels
The standard of living established during marriage
Each spouse’s separate property and financial resources
Whether one spouse sacrificed career opportunities to support the other’s career or care for children
The time needed for the recipient to gain education or job skills for self-sufficiency

Washington recognizes different types of spousal support depending on the circumstances. Temporary support may be awarded during divorce proceedings to maintain the status quo, while rehabilitative support helps a spouse gain education or job skills necessary for self-sufficiency.

The Washington Divorce Process and Timeline

Washington’s divorce process begins when one spouse files a petition for dissolution of marriage with the superior court. The petitioner must then serve these papers on the respondent spouse, who has 20 days to file a response if served within Washington, or 60 days if served outside the state.

One of Washington’s distinctive features is its mandatory 90-day waiting period. Even if both spouses agree on all terms, the court cannot enter a final divorce decree until at least 90 days have passed since the respondent was served with divorce papers.

For uncontested divorces where spouses agree on all major issues, the process can conclude shortly after the 90-day waiting period expires. However, contested divorces involving disagreements about property division, spousal support, or parenting arrangements can take much longer—often six months to two years or more, depending on complexity and court schedules.

During the divorce process, either spouse can request temporary orders addressing immediate needs like spousal support, child support, or exclusive use of the family home. These temporary orders remain in effect until the divorce is finalized and permanent orders are established.

Legal Separation vs. Divorce Options

Washington state offers legal separation as an alternative to divorce for couples who want to live apart but remain legally married. Legal separation addresses many of the same issues as divorce, including property division, spousal support, and child custody, but doesn’t terminate the marriage.

Couples might choose legal separation for religious reasons, to maintain certain benefits like health insurance coverage, or because they’re uncertain about permanently ending their marriage. The process for obtaining a legal separation closely mirrors divorce proceedings, including the same residency requirements and waiting periods.

Modification of Divorce Orders

Life doesn’t stand still after a divorce is finalized, and Washington law recognizes that circumstances may change enough to warrant modifying divorce orders. However, courts don’t modify orders lightly—there must be a substantial change in circumstances that makes the current order unworkable or as allowed by statute.

Child support orders can be modified when there’s been a substantial change in either parent’s income, the child’s needs, or the residential schedule. Washington has specific guidelines that determine when modifications are appropriate, often triggered by income changes or every two years.

Parenting plans can be modified when there’s been a substantial change in circumstances affecting the child’s best interests. Courts are more cautious about modifying parenting plans, particularly if the proposed changes would alter the child’s living situation substantially.

Spousal support modifications are possible but depend on the specific terms of the original order and changes in circumstances. Some support orders contain built-in termination dates or modification triggers, while others may be more difficult to change.

Understanding Washington’s divorce laws helps you make informed decisions during one of life’s most challenging transitions. Whether you’re considering divorce, already in the process, or dealing with post-divorce modifications, knowing your rights and obligations under Washington law provides the foundation for protecting your interests and planning for your future.

Are You Going Through a Divorce? – We Can Help

The family law attorneys at Bliss Law Group are here to help you with any type of family law issues in Washington State that you might be facing. We have offices in both Tacoma and Olympia. Our attorneys exist, first and foremost, to protect you and your family. We protect your family by assisting with family law needs. Family law needs include divorce, child custody, child support, and modification of orders.

At our firm, we take the time to understand your unique situation and goals. We work diligently to achieve the best possible outcome, using methods like mediation or collaborative law. When necessary, we are fully prepared to protect your rights and interests through litigation. Our priority is to provide a level of attention and care that ensures you feel supported and informed throughout the entire process.