Washington State has one of the most streamlined and no-nonsense divorce processes in the country. Whether you live in Seattle, Spokane, Tacoma, or a quiet town in the Cascades, knowing how the system works can help you handle divorce with confidence and clarity.
Residency Requirements in Washington
To file for divorce in Washington, either spouse must be a resident of the state at the time of filing. There is no minimum duration of residency. You can file immediately after moving in, provided the residency is genuine.
No-Fault Divorce Only
Washington is strictly a no-fault divorce state. The only required ground is that the marriage is irretrievably broken. Misconduct like adultery or cruelty has no legal bearing on property division, alimony, or custody.
Filing and Waiting Period
Divorce begins with the filing of a Petition for Dissolution of Marriage. After service, Washington requires a mandatory 90-day waiting period before the court can finalize the divorce. Even in uncontested cases, this waiting period applies.
Washington requires a minimum 90-day waiting period between filing and finalization — no exceptions, even if both parties agree.
Community Property Division
Washington is a community property state. All income, assets, and debts acquired during the marriage are considered jointly owned and are divided 50/50 unless agreed otherwise. Separate property is generally excluded unless commingled.
Spousal Support (Maintenance)
Alimony may be awarded based on one spouse’s need and the other’s ability to pay. There are no strict formulas; judges evaluate the length of the marriage, financial disparity, education, and future earning potential. Misconduct is never considered.
Child Custody and Parenting Plans
Washington uses the term “parenting plan” instead of custody. Parents must submit a plan that outlines decision-making, visitation, and residential schedules. Courts focus on the best interests of the child and prioritize continuity and cooperation.
Child Support Guidelines
Child support is calculated using both parents’ gross incomes and the number of children. Daycare, health insurance, and extraordinary expenses may also be included. Support can be modified if financial conditions change substantially.
- Residency: immediate if you live in the state at filing
- No-fault divorce only — no grounds or blame required
- 90-day waiting period is mandatory before final decree
- Community property split presumed equal
- Mandatory parenting plans and child support if children involved
Unlike most states, Washington disregards marital fault entirely — it plays no role in dividing property or awarding support.
Washington’s divorce process is clean, efficient, and focused on practical fairness. Whether your case is amicable or contested, knowing the legal rules and timelines can help you move forward with clarity and control.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Washington divorce papers or browse Washington divorce lawyers to get the help you need.