Revised Code of Washington Chapter 26.09 - Dissolution Proceedings

Washington is a purely no-fault divorce state. The only ground for dissolution is that the marriage is 'irretrievably broken.' Neither spouse needs to prove fault such as adultery or abandonment. If one spouse contests the petition, the court may refer the case to counseling for up to 60 days, but if either party still alleges the marriage is irretrievably broken afterward, the court must enter the decree.

Effective: 2024

Either spouse who is a Washington resident, or a military member stationed in the state, may file for dissolution. Washington has no minimum residency duration requirement — you must simply be a resident at the time of filing. The petition must include each party's last known state of residence, date and place of marriage, date of separation, and names and ages of dependent children.

Effective: 2024

Establishes that the best interests of the child shall be the standard for all parenting decisions. The state recognizes the fundamental importance of the parent-child relationship and that both residential time and financial support are equally important components of parenting arrangements. The goal is to maintain a child's emotional growth, health, stability, and physical care.

Effective: 2024

The court divides all property — both community and separate — in a manner that is 'just and equitable,' without regard to marital misconduct. Washington is a community property state, but equitable does not mean equal. The court considers four factors: (1) the nature and extent of community property, (2) the nature and extent of separate property, (3) the duration of the marriage, and (4) the economic circumstances of each spouse, including the desirability of awarding the family home to the parent with primary residential time.

Effective: 2024

Spouses may enter into a written separation contract covering property division, maintenance, parenting plans, and child support. The contract is binding on the court unless found to be unfair at the time it was executed. If the court finds it unfair, it may make its own orders for property disposition and maintenance. The agreement is typically incorporated into the final decree and enforceable as a judgment, including through contempt proceedings.

Effective: 2024

When entering a dissolution decree, the court must address the disposition of all property and liabilities, parenting plans, child support, spousal maintenance, and any continuing restraining orders. The decree is the final court order that resolves all issues in the divorce, including provisions under firearms restrictions (RCW 9.41.800) and domestic violence protection orders.

Effective: 2024

Sets out seven factors the court must weigh when creating a parenting plan. The strength, nature, and stability of the child's relationship with each parent is given the greatest weight. Other factors include: parental agreements, each parent's past and future parenting performance, the child's emotional and developmental needs, relationships with siblings and other significant persons, the wishes of parents and the child, and each parent's employment schedule. There is no presumption of 50/50 residential time.

Effective: 2024

Every parenting plan must include three components: a dispute resolution process, allocation of decision-making authority (education, health care, religious upbringing), and a residential schedule designating where the child lives on specific days including holidays and vacations. The plan's objectives are to provide for the child's physical care, maintain emotional stability, minimize exposure to parental conflict, and accommodate the child's changing needs as they grow.

Effective: 2024

Requires the court to impose residential time restrictions when a parent has engaged in willful abandonment, physical or sexual abuse of a child, a pattern of emotional abuse, a history of domestic violence causing grievous bodily harm, or a sex offense conviction. Discretionary restrictions may be imposed for neglect, substance abuse, long-term emotional impairment, absence of emotional ties with the child, abusive use of conflict, or withholding the child without good cause.

Effective: 2024

A parenting plan can be modified only upon showing a substantial change in circumstances and that modification serves the child's best interests. The court may also modify without showing changed circumstances if a parent has been released from incarceration. For relocation cases, a parent may petition to modify the parenting plan based solely on the proposed relocation — no separate 'adequate cause' showing is required.

Effective: 2024

When a parent with majority residential time (55%+) wants to relocate with a child, there is a rebuttable presumption in favor of allowing the move. The non-relocating parent can challenge by showing the move's detrimental effects outweigh its benefits, using 11 factors including the child's relationships, developmental needs, each parent's reasons, good faith, and the feasibility of preserving the relationship with the non-relocating parent. The presumption does not apply if parents have substantially equal (45%+) residential time.

Effective: 2024

The court may order spousal maintenance (Washington's term for alimony) in an amount and duration it deems just, without regard to marital misconduct. The court considers: (1) the financial resources of the requesting spouse, (2) time needed to acquire education or training for employment, (3) the standard of living during the marriage, (4) the duration of the marriage, (5) the age, physical and emotional condition, and financial obligations of the requesting spouse, and (6) the paying spouse's ability to meet their own needs while paying maintenance. Washington has no fixed formula — duration is discretionary.

Effective: 2024

Child support orders must be calculated using the Washington State Child Support Schedule (Chapter 26.19 RCW). The court may require automatic periodic adjustments based on changes in income or economic circumstances. Support may be modified due to economic hardship under the standards of RCW 26.09.170. The minimum child support amount is $50 per child per month.

Effective: 2024

Maintenance or child support orders may be modified upon showing a substantial change in circumstances, but only for future installments — not retroactively. Maintenance terminates upon the death of either party or the remarriage of the recipient, unless otherwise agreed in writing. Child support can be modified without showing changed circumstances if the current order causes severe economic hardship, or if a parent has been released from incarceration. Property division orders generally cannot be modified after entry.

Effective: 2024

The court may order either party to pay the other's reasonable attorney fees and costs, including for legal services provided before the dissolution petition was filed. On appeal, the appellate court may also order fees for maintaining the appeal. Fees may be ordered paid directly to the attorney, helping ensure that the lower-earning spouse can afford adequate legal representation.

Effective: 2024

Washington requires a mandatory 90-day waiting period from the date the petition is filed and served before the court can enter a dissolution decree. This 'cooling off' period applies to all divorces — including uncontested cases — with no exceptions. If the respondent joins the petition or does not contest it, the court enters the decree after 90 days. If contested, the court may refer the case to counseling for up to 60 days before deciding.

Effective: 2024

During dissolution proceedings, the court may issue temporary maintenance, temporary child support, and temporary restraining orders. A temporary restraining order can prevent either party from transferring or concealing property, molesting or disturbing the other party, entering the other's home or workplace, or removing a child from the jurisdiction. Emergency ex parte orders are available if irreparable injury could result before the other party responds.

Effective: 2024

The court may order mediation of contested issues before or concurrent with a hearing. The purpose is to reduce acrimony and develop agreements for the child's continuing contact with both parents. Counties must provide pre-decree and post-decree mediation at reduced or waived fees within one year of filing. Mediation communications are generally privileged under chapter 7.07 RCW, with limited exceptions for proving child abuse, neglect, or unlawful harassment.

Effective: 2024

Each party must file and serve a proposed permanent parenting plan within the earlier of 30 days after a notice for trial or 180 days after the action begins. If one parent fails to file a proposed plan, the other parent may move for a default order adopting their plan. This ensures that parenting arrangements are addressed early in the dissolution process and both parties have an opportunity to present their preferred plan to the court.

Effective: 2024

All pleadings filed in a dissolution action must use forms approved by the Administrator for the Courts. Parties must comply with the submission requirements in RCW 26.18.220. This standardized form requirement helps self-represented parties navigate the system and ensures consistent documentation across Washington's 39 superior courts.

Effective: 2024

Violating a restraining order issued under Chapter 26.09 with actual notice of its terms is a criminal offense under Chapter 7.105 RCW. Law enforcement officers may arrest a person who violates a restraining order. The restraining order must prominently display a criminal offense legend on the front page, and the clerk must forward the order to law enforcement for entry into the state's criminal intelligence information system.

Effective: 2024

Mediation is generally inappropriate in cases involving domestic violence or child abuse. Parties must be provided access to trained domestic violence advocates where appropriate. If a domestic violence victim requests mediation, the court may allow it only after finding mediation is appropriate under the circumstances and the victim is permitted to have a support person present during proceedings.

Effective: 2024

Upon request by either party in a dissolution, the court must order restoration of a former name. The court may also, at its discretion, order a change to an entirely different name. Name restoration is not required at the time of dissolution — a party may change their name later through the common law or separate court proceedings. The dissolution decree becomes final when entered, subject only to the right of appeal.

Effective: 2024

Washington does not use the term 'custody' in its parenting plans. However, for purposes of federal and state statutes that require a custody designation (such as food stamps, veterans' benefits, or kidnapping laws), the parent with whom the child resides a majority of the time is designated as the custodian. This designation does not affect either parent's rights or responsibilities under the parenting plan.

Effective: 2024

The court may appoint an attorney to represent the interests of a minor or dependent child regarding the parenting plan. Attorney fees and costs are ordered against one or both parents, unless both parents are indigent, in which case the county bears the cost. This ensures children have independent legal representation in high-conflict custody disputes.

Effective: 2024

A parent intending to relocate with a child must provide written notice to the other parent at least 60 days before the move. The notice must include an address for service of process, the specific reasons for relocating, and a statement that failure to object within 30 days will result in the relocation being permitted. If no objection is filed within 30 days, the relocation is automatically allowed and the residential schedule may be modified.

Effective: 2024