Washington Divorce Laws
The Basics of Washington's Divorce Laws
Just as state laws regulate marriage, there are legal requirements for divorce as well. These include residency requirements, the grounds for a "no fault" divorce, waiting periods, and more. In order to get a divorce in Washington, the plaintiff (the partner filing for divorce) must be a state resident wait for a period of 90 days after petition is filed. The state only allows "irretrievable breakdown" (no-fault) as the grounds for a divorce.
How to Get Divorced in Washington State
It is not necessary to find legal fault in the other partner when seeking a divorce in Washington, as the state only allows for no-fault divorce. But you still need to follow certain procedures in order to get divorced. The partner filing for the divorce, or the plaintiff, must provide the following information when petitioning the court for a divorce:
- Last known state of residence of each party (last known county of residence if in Washington)
- Date and place of marriage
- Whether the parties are legally separated (and date of separation, if applicable)
- Names and ages of any dependent children, and whether a partner is pregnant
- Any domestic/residential arrangements made between the two parties
- Statement regarding community or separate property
- Relief sought (spousal support)
The same information will be needed in order to dissolve a domestic partnership as well.
The main provisions of Washington's divorce laws are explained below. See FindLaw's Divorce section to learn more, including Eligibility for Summary Divorce and Settlement Agreements and Court Approval.
|Residency Requirements||Plaintiff must be a resident or a member of armed forces stationed in state.|
|Waiting Period||90 days must elapse from point of filing petition; decree is final subject to right of appeal. 26.09.150|
|'No Fault' Grounds for Divorce||Irretrievable breakdown.|
|Defenses to a Divorce Filing||-|
|Other Grounds for Divorce||-|
Note: State laws are constantly changing and divorces can be very complicated, especially where there are large assets to be divided, and custody of children is a factor. It is in your best interest to contact a Washington divorce attorney as well as to conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- Washington Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Washington Legal Requirements for Divorce: Related Resources
- Understanding the Divorce Process
- Washington Annulment and Prohibited Marriage Laws
- Legal Separation vs. Divorce
Get a Free Divorce Case Analysis
Divorce can be tough, both legally and emotionally. But here's the good news: you can have a legal advocate on your side, fighting for your best interests. A skilled Washington divorce lawyer will be able to answer your questions about divorce laws and represent you in negotiations or court proceedings. Get a free case review today to learn more.