Washington allows immediate remarriage after divorce with no statutory waiting period. Once a judge signs your dissolution decree, you are legally free to remarry the same day under Washington law. The only timing requirement is the mandatory 90-day waiting period before the divorce itself can be finalized under RCW 26.09.030. Washington courts processed over 25,000 dissolution cases annually, with approximately 15% of divorced individuals remarrying within 3 years according to state vital records data.
| Key Facts | Washington Requirements |
|---|---|
| Filing Fee | $314-$364 (varies by county) |
| Divorce Waiting Period | 90 days minimum |
| Remarriage Waiting Period | None |
| Residency Requirement | One spouse must be WA resident at filing |
| Grounds | No-fault only (irretrievably broken) |
| Property Division | Community property (equitable discretion) |
| Marriage License Fee | $162-$172 |
| Marriage License Waiting | 3 days after issuance |
When Can You Legally Remarry After Divorce in Washington?
Washington imposes no waiting period for remarriage after divorce under state law. You may legally remarry immediately once your dissolution decree is signed by a judge and entered into the court record. This differs from states like Texas, which requires a 30-day waiting period, or Alabama, which requires 60 days. Washington's approach recognizes that the 90-day cooling-off period before divorce finalization provides sufficient time for reflection.
The critical document you need is your final decree of dissolution. This court order officially terminates your marriage and must be in hand before you can apply for a new marriage license. Washington courts typically issue the decree at the final hearing or shortly after, depending on whether your case was contested or agreed upon by both parties.
Washington's marriage license process adds a practical delay of 3 days after the license is issued before you can use it for a ceremony. The license then remains valid for 60 days under state law. This means if you obtain your divorce decree on Monday, you could theoretically apply for a marriage license that same day, wait the mandatory 3 days, and marry on Thursday of the same week.
Understanding the 90-Day Divorce Waiting Period
Washington requires a mandatory 90-day waiting period before any divorce can be finalized under RCW 26.09.030. This period begins running from the later of two dates: when the petition for dissolution is filed with the court, or when the responding spouse is formally served with the petition. Neither spouse agreement nor judicial order can shorten this 90-day period.
The 90-day waiting period serves as a cooling-off period mandated by the legislature. Even if both spouses agree on all terms including property division, child custody, and support, the court cannot enter a final decree until at least 90 days have elapsed. Uncontested divorces in Washington typically take 90-120 days to finalize, while contested cases requiring trial may take 6-12 months or longer.
For military families or those with complex assets, the timeline extends further. Military divorces must comply with the Servicemembers Civil Relief Act (SCRA), potentially adding 90 or more days if the service member requests a stay. High-asset divorces involving business valuations, pension division, or real estate appraisals commonly take 9-18 months.
How Appeals Affect Your Right to Remarry
Washington law contains an important protection for those seeking to remarry while an appeal is pending. Under RCW 26.09.150, if an appeal does not challenge the finding that the marriage is irretrievably broken, the dissolution remains final and either party may remarry during the appeal. This means appeals limited to property division, custody, or support issues do not block remarriage.
The standard appeal deadline in Washington is 30 days from entry of the final decree under Rule of Appellate Procedure 5.2(a). If neither party files a notice of appeal within this window, the right to appeal is typically lost. For those planning remarriage, waiting until the 30-day appeal period expires eliminates any risk of the divorce being overturned.
Appeals challenging the dissolution itself are rare but do occur. If your former spouse contests the finding that your marriage was irretrievably broken, the appeal could theoretically reverse the divorce. In such cases, waiting for appeal resolution before remarrying is prudent legal advice. Approximately 3% of Washington divorce cases result in appeals, with fewer than 1% challenging the dissolution finding itself.
Spousal Maintenance and Remarriage Consequences
Remarriage automatically terminates spousal maintenance (alimony) obligations in Washington under RCW 26.09.170. Unless your divorce decree or separation agreement expressly provides otherwise, your right to receive maintenance ends the moment you enter a new marriage or registered domestic partnership. This termination is automatic and requires no court action.
The receiving spouse should carefully consider timing when planning remarriage. If you currently receive $2,000 monthly in maintenance with 3 years remaining on your award, remarrying immediately forfeits $72,000 in future payments. Some recipients negotiate lump-sum buyouts or accelerated payment schedules before remarrying to preserve economic interests.
Cohabitation does not automatically terminate maintenance in Washington, unlike remarriage. Living with a new partner, even in a long-term committed relationship, does not trigger automatic termination. However, the paying spouse may petition for modification based on changed economic circumstances if the recipient's new living situation significantly reduces their financial need.
For the paying spouse, your own remarriage generally has no effect on your obligation to pay maintenance. Washington law does not provide automatic termination based on the payor's remarriage. Your new spouse's income typically cannot be considered when calculating ongoing maintenance, though courts have discretion to examine overall household resources in modification proceedings.
Obtaining Your Divorce Decree for Remarriage
You must obtain a certified copy of your divorce decree before applying for a new marriage license in Washington. The decree is available only from the Superior Court Clerk in the county where your divorce was finalized. Fees range from $10-$30 per certified copy depending on the county, and online ordering is available in many Washington counties including King County and Snohomish County.
The Washington State Department of Health issues divorce certificates for divorces finalized from January 1, 1968 to present. These one-page certificates confirm the divorce occurred and can serve as proof of marital status. Certificates cost $25 per copy and can be ordered online through the Department of Health. For divorces before 1968, you must contact the county Superior Court Clerk directly.
When requesting divorce records, provide both parties' full legal names as they appeared on the petition, the approximate date of finalization, and the county where the decree was entered. Having the case number speeds processing but is not required. Most counties process certified copy requests within 3-5 business days for in-person requests or 7-14 days for mail orders.
Washington Marriage License Requirements for Second Marriages
Applying for a marriage license in Washington requires both parties to be at least 18 years old with valid government-issued photo identification. You will be asked to provide the date your prior marriage ended and attest that your divorce is final. The license application does not require you to present the actual divorce decree, but having it available can resolve any questions.
The marriage license fee in Washington ranges from $162-$172 depending on the county. Both parties must appear at the county Auditor's office to apply, though some counties allow one party to begin the application online. The mandatory 3-day waiting period begins when the license is issued, not when the application is submitted. This waiting period cannot be waived for any reason.
Your Washington marriage license is valid for use anywhere in the state but cannot be used in other states or countries. The license expires 60 days after the 3-day waiting period ends, giving you a 63-day window from issuance to ceremony. Two witnesses aged 18 or older must sign the marriage certificate at your ceremony. The officiant must be authorized under Washington law and must return the signed certificate to the county within 30 days.
Property Division Considerations Before Remarriage
Washington is a community property state, meaning property acquired during marriage is presumptively owned equally by both spouses. Under RCW 26.09.080, courts divide both community and separate property as appears just and equitable rather than applying an automatic 50/50 split. Understanding your property division is essential before entering a new marriage.
Property received through inheritance or gift during your prior marriage is typically classified as separate property under RCW 26.16.010. This separate property remains yours through divorce and into any subsequent marriage. However, if separate property was commingled with community funds or used to benefit the marriage, tracing can become complex and expensive.
Consider a prenuptial agreement before remarriage if you have significant separate property, business interests, or children from your prior marriage. Washington recognizes prenuptial agreements under RCW 26.16.120, allowing you to define what remains separate property in your new marriage. Approximately 35% of remarrying couples execute prenuptial agreements compared to 15% of first marriages.
Child Custody and Parenting Plans After Remarriage
Remarriage does not automatically modify existing parenting plans or child custody arrangements in Washington. Your custody rights and responsibilities continue unchanged unless a party petitions for modification and demonstrates a substantial change in circumstances under RCW 26.09.260. The introduction of a stepparent alone does not constitute grounds for modification.
Washington courts consider the best interests of the child when evaluating any proposed modification. A new spouse's criminal history, history of domestic violence, or substance abuse could provide grounds for the other parent to seek modification. Conversely, a stable stepparent relationship demonstrating positive involvement may support arguments for maintaining or expanding parenting time.
Child support calculations in Washington do not include stepparent income when determining the obligation. Your new spouse has no legal duty to support your children from a prior relationship, and their earnings cannot be used to increase or decrease your child support obligation under RCW 26.19.071. However, if your overall household expenses decrease due to shared living arrangements, this could factor into modification analysis.
Tax Implications of Remarriage After Divorce
Your filing status for federal and Washington state taxes changes immediately upon remarriage. Washington has no state income tax, but federal filing status shifts from single or head of household to married filing jointly or married filing separately. This change affects tax brackets, standard deduction amounts, and eligibility for various credits and deductions.
Spousal maintenance payments made under divorce decrees executed before January 1, 2019 remain deductible by the payor and taxable to the recipient under prior federal law. For decrees executed after that date, maintenance is neither deductible nor taxable due to the Tax Cuts and Jobs Act changes. Remarriage terminating maintenance affects both parties' tax situations accordingly.
Transfer of retirement assets through Qualified Domestic Relations Orders (QDROs) completed during divorce is not a taxable event. However, distributions taken from divided retirement accounts after divorce follow standard tax rules. Planning for retirement asset management should factor into remarriage timing, especially if you are approaching age 59.5 or required minimum distribution age.
Common Mistakes to Avoid When Remarrying
The most common mistake is marrying before the divorce is actually final. Some couples assume the divorce is complete when they sign settlement agreements or when the 90-day waiting period ends. The divorce is not final until a judge signs the decree and it is entered into the court record. Marrying before this occurs constitutes bigamy under RCW 9A.64.010, a Class C felony in Washington.
Failing to update estate planning documents after divorce and before remarriage creates significant problems. Washington's community property laws mean your new spouse may have claims to assets you intended for children from your prior marriage. Update your will, trust documents, beneficiary designations, and powers of attorney before or immediately after remarriage.
Neglecting to notify relevant parties of your name change or marital status change causes administrative headaches. Update your driver's license, Social Security records, passport, employer records, bank accounts, insurance policies, and retirement accounts promptly. Washington allows either or both spouses to change their surname as part of the marriage license process at no additional fee.
Frequently Asked Questions
How soon can I remarry after my Washington divorce is final?
You can remarry immediately after your Washington divorce decree is signed and entered by the court. Washington has no post-divorce waiting period for remarriage. However, you must wait 3 days after obtaining your new marriage license before the ceremony can take place under Washington law.
Do I need to show my divorce decree to get a new marriage license?
Washington marriage license applications require you to attest that any prior marriage has ended, but showing the actual decree is not always required. However, keeping a certified copy available is recommended. The county Auditor may request it if questions arise about your marital status.
Will remarriage affect my spousal maintenance payments in Washington?
Remarriage automatically terminates your right to receive spousal maintenance under RCW 26.09.170 unless your divorce decree expressly provides otherwise. This termination is immediate and requires no court action. Cohabitation without marriage does not trigger automatic termination.
Can I remarry while my divorce appeal is pending?
Yes, if the appeal does not challenge the finding that your marriage was irretrievably broken under RCW 26.09.150. Appeals limited to property, custody, or support issues do not block remarriage. Only appeals challenging the dissolution itself would prevent remarriage until resolved.
What happens to my ex's pension if I remarry after divorce?
Your right to receive a portion of your former spouse's pension as divided in your divorce decree is not affected by your remarriage. Pension division through a Qualified Domestic Relations Order (QDRO) is a property settlement, not maintenance, and survives remarriage.
Does my new spouse's income affect my child support in Washington?
No, stepparent income is not included when calculating child support obligations under Washington's child support guidelines in RCW 26.19.071. Your new spouse has no legal obligation to support your children from a prior relationship.
Can my ex modify custody because I remarried?
Remarriage alone does not constitute grounds for custody modification in Washington. The other parent must demonstrate a substantial change in circumstances affecting the child's best interests under RCW 26.09.260. However, concerns about a new stepparent's background may warrant review.
Where do I get a certified copy of my divorce decree in Washington?
Certified copies are available from the Superior Court Clerk in the county where your divorce was finalized. Fees range from $10-$30 per copy. The Washington State Department of Health also issues divorce certificates for $25 for divorces from 1968 to present.
Is there a waiting period to get married in Washington state?
Yes, Washington requires a 3-day waiting period after your marriage license is issued before you can have your ceremony. This period cannot be waived. The license remains valid for 60 days after the waiting period ends.
Do I need a prenuptial agreement for my second marriage?
A prenuptial agreement is not legally required but is strongly recommended for second marriages, especially if you have children from a prior relationship, significant separate property, or business interests. Approximately 35% of remarrying couples in Washington execute prenuptial agreements to protect assets and clarify expectations.
Author: Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Washington divorce law
Filing fees current as of April 2026. Verify with your local Superior Court Clerk.