Divorce in Washington
Washington is a community property state where the court divides both community and separate property in a way that is just and equitable. The state is a no-fault divorce state where the sole ground is that the marriage is irretrievably broken. Washington requires at least one spouse to have been a state resident, and a 90-day waiting period applies.
Quick Facts
Residency Requirement
Residency in Washington required
Waiting Period
90 days after filing and service
Filing Fee (approximate, varies by county)
$300-$400
Property Division
community property
Grounds for Divorce
- Irretrievable breakdown of the marriage
Key Facts
- Washington courts divide community and separate property in a way that is just and equitable, without regard to misconduct
- A 90-day waiting period applies after filing and service
- Washington is a no-fault divorce state
- At least one spouse must be a resident of Washington
- Washington refers to divorce as 'dissolution of marriage'
Child Custody
Washington courts use the term 'parenting plan' instead of custody orders. The court determines parenting arrangements based on the best interests of the child, considering each parent's involvement in the child's life, the parents' work schedules, and the emotional needs of the child.
Alimony / Spousal Support
Washington courts may award spousal maintenance based on the requesting spouse's financial needs and the other spouse's ability to pay. The court considers the duration of the marriage, the standard of living during the marriage, each party's financial resources, and the time needed for the requesting spouse to obtain education or employment.
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FAQs
Common questions about divorce in Washington
Not necessarily. Washington is a community property state, but the court divides both community and separate property in a way that is just and equitable after considering the property, the length of the marriage, and each spouse's economic circumstances, so the result is not always 50/50.
A parenting plan is Washington's version of a custody order. It outlines each parent's residential time with the child, decision-making authority, and dispute resolution procedures. Parents are encouraged to submit their own plan, but the court will create one if they cannot agree.