No-Fault Divorce
- Washington is a no-fault state.
- You don’t have to prove wrongdoing — the only reason needed is that the marriage is “irretrievably broken.”
Residency & Filing
- To file, either spouse must live in Washington or be stationed here in the military.
- The divorce starts when one spouse files a Petition for Dissolution in superior court.
Waiting Period
- There is a 90-day waiting period after filing and serving divorce papers before the court can finalize the divorce.
- This is the minimum — most cases take longer depending on agreements or disputes.
Property & Debt Division (RCW 26.09.080)
- Washington is a community property state.
- Property and debts acquired during marriage are usually community property.
- The court divides property in a way that is “just and equitable”, which may not always be 50/50.
Spousal Support (RCW 26.09.090)
- Called spousal maintenance in Washington.
- No formula — the court looks at:
- How long the marriage lasted
- Each spouse’s financial situation and earning ability
- Standard of living during the marriage
- Age, health, and needs of each spouse
Parenting Plans (Custody)
- The court creates a parenting plan based on the child’s best interests.
- Factors include:
- Child’s relationship with each parent
- Stability, safety, and emotional needs
- Each parent’s ability to cooperate
- The court favors arrangements that encourage a stable relationship with both parents (unless safety is an issue).
Child Support (RCW 26.19)
- Calculated using the Washington State Child Support Schedule.
- Based on both parents’ incomes and number/ages of children.
- Can be adjusted for things like special needs, health costs, or shared residential schedules.
Modifications
- Parenting plans, child support, and spousal support can be changed later if circumstances change.
- Property division is final and cannot be modified after the divorce.
✅ Bottom Line:
Washington divorces are designed to be fair, flexible, and focused on the best interests of children. But because every family’s situation is unique, it’s important to get legal advice before making decisions.
Disclaimer:
The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post or contacting the Law Office of Tyler L. Merrill does not create an attorney-client relationship. Each legal matter is unique, and you should consult a qualified family law attorney for advice specific to your situation.