Divorce Laws in Washington: Complete 2026 Guide

Washington is an exclusively no-fault divorce state. The sole ground for divorce (dissolution of marriage) is that the marriage is 'irretrievably broken,' meaning there is no reasonable prospect of reconciliation. Under RCW §26.09.030, one party must allege that the marriage is irretrievably broken, and no further proof of fault or wrongdoing is necessary. The court does not consider marital misconduct such as adultery, abandonment, or cruelty when granting the divorce itself. Because Washington does not recognize fault-based grounds, neither spouse can be forced to remain married against their will. If one spouse states the marriage is irretrievably broken, the court will accept that as sufficient basis for dissolution. The respondent (non-filing spouse) cannot prevent the divorce from being granted simply by objecting. If the respondent denies the marriage is irretrievably broken, the court may continue the matter or require counseling, but ultimately, the petition will be granted if the petitioner maintains the marriage is beyond repair. This no-fault framework extends to other aspects of the divorce as well. Under RCW §26.09.080, the court divides property 'without regard to misconduct.' Similarly, under RCW §26.09.090, spousal maintenance (alimony) is awarded 'without regard to misconduct.' This means that marital fault — such as infidelity — generally does not influence property division, support awards, or custody determinations, though wasteful dissipation of marital assets may be considered by the court. Washington also permits legal separation as an alternative to divorce under the same chapter (RCW §26.09). A legal separation addresses the same issues as a divorce — property, support, and custody — but does not terminate the marriage. Either party may later convert a legal separation into a dissolution of marriage.

Washington has one of the most flexible residency requirements in the country. Under RCW §26.09.030, a court has jurisdiction to hear a dissolution case if at least one of the following conditions is met at the time the petition is filed: the petitioner is a resident of Washington; the petitioner's spouse is a resident of Washington; the petitioner is a member of the armed forces stationed in Washington; or the petitioner is married to a member of the armed forces stationed in Washington. There is no minimum length of time a person must reside in the state before filing for divorce. Although there is no durational residency requirement for the filing spouse, jurisdiction over the other spouse — known as personal jurisdiction — may be limited if that spouse lives outside Washington. Under RCW §26.09.080, residency of one party alone is insufficient to give the court personal jurisdiction to divide property or award support if the other spouse has not lived in Washington or does not have sufficient contacts with the state. If the non-resident spouse lived in Washington during the marriage and the filing spouse continues to reside here, the long-arm statute (RCW §4.28.185) may establish jurisdiction. For child custody matters, Washington must have jurisdiction over the children. Under the Uniform Child Custody Jurisdiction and Enforcement Act (RCW §26.27), Washington generally has jurisdiction if the children have lived primarily in the state for the preceding six months, or if Washington was the children's home state before a recent move and one parent still resides in Washington. If the children have not lived in Washington long enough, the court may grant the divorce but may not be able to establish a parenting plan or child support order. The petition for dissolution is typically filed in the Superior Court of the county where the filing spouse resides, though Washington law permits filing in any county. There is no requirement to file in the county of your residence, although doing so is the most common practice.

Washington is a community property state, which means that most property and debts acquired during the marriage are presumed to be owned equally by both spouses. Community property is defined under RCW §26.16.030 as property acquired after marriage by either spouse. Separate property — property owned before marriage or acquired during the marriage by gift, inheritance, or bequest — is defined under RCW §26.16.010. However, even separate property is subject to the court's division in a divorce. Under RCW §26.09.080, the court must divide all property and liabilities of the parties — both community and separate — in a manner that is 'just and equitable after considering all relevant factors.' Despite Washington's community property classification, this does not automatically mean a 50/50 split. The court has broad discretion to award one spouse a disproportionate share of assets if circumstances warrant it. The statutory factors the court must consider include: (1) the nature and extent of the community property; (2) the nature and extent of the separate property; (3) the duration of the marriage; and (4) the economic circumstances of each spouse at the time of division, including the desirability of awarding the family home to the spouse with whom the children primarily reside. Courts may also consider additional factors beyond those listed in the statute, including each spouse's earning capacity, contributions to the marriage (including homemaking and childcare), health, age, and any prenuptial or postnuptial agreements (RCW §26.09.070). The court may consider wasteful dissipation of marital assets by either spouse. However, the statute explicitly provides that fault or misconduct in the marriage is not a factor in property division. Debts accumulated during the marriage are generally treated as community liabilities and are divided in the same just-and-equitable manner. Property division orders are typically final and not subject to modification after the divorce is concluded, absent extraordinary circumstances such as fraud (RCW §26.09.170).

In Washington, alimony is referred to as 'spousal maintenance' and is governed by RCW §26.09.090. The court may award maintenance to either spouse in an amount and for a duration it deems just, without regard to marital misconduct. Washington does not use a fixed formula for calculating maintenance — instead, the statute grants trial courts broad discretion based on the specific facts and circumstances of each case. RCW §26.09.090 enumerates six factors the court must consider: (a) the financial resources of the spouse seeking maintenance, including their share of property and ability to meet needs independently; (b) the time necessary to acquire sufficient education or training to find appropriate employment; (c) the standard of living established during the marriage; (d) the duration of the marriage; (e) the age, physical and emotional condition, and financial obligations of the spouse seeking maintenance; and (f) the ability of the paying spouse to meet their own needs and financial obligations while paying maintenance. These factors are non-exclusive, and the court may consider additional circumstances such as intangible contributions to the marriage. In a significant 2024 decision — In re Marriage of Wilcox — the Washington Supreme Court clarified that a requesting spouse does not have to demonstrate financial 'need' as a prerequisite to receiving maintenance. The court held that need is simply one factor among those listed in RCW §26.09.090, and must be considered but is not a threshold requirement. This ruling broadened the circumstances under which maintenance may be awarded. Some family law practitioners use an informal guideline known as the '4-to-1 ratio,' suggesting roughly one year of maintenance for every four years of marriage, but this is not codified in statute and outcomes vary widely. Maintenance may be temporary (rehabilitative) to help a spouse become self-supporting, or it may be long-term or even permanent in cases involving lengthy marriages where one spouse has limited earning capacity. Maintenance orders may be modified upon a showing of a substantial change in circumstances (RCW §26.09.170), unless the original order specifically prohibits modification.

Washington does not use the traditional terms 'custody' and 'visitation.' Instead, the state uses a detailed 'parenting plan' system governed by RCW §26.09.184 and RCW §26.09.187. Every divorce or separation involving minor children must include a parenting plan that designates a residential schedule (which parent's home the child lives in on specific days), allocates decision-making authority for education, healthcare, and religious upbringing, and includes a process for resolving future disputes between the parents. When parents cannot agree on a parenting plan, the court must determine one based on the best interests of the child. Under RCW §26.09.187(3)(a), the court considers seven specific factors: (i) the relative strength, nature, and stability of the child's relationship with each parent (this factor is given the greatest weight); (ii) any knowing and voluntary agreements between the parties; (iii) each parent's past and potential future performance of parenting functions; (iv) the emotional needs and developmental level of the child; (v) the child's relationships with siblings and other significant people, as well as involvement in school and activities; (vi) the wishes of the parents and any child sufficiently mature to express a reasoned preference; and (vii) each parent's employment schedule. Washington law does not presume that either parent is more suitable, and there is no gender-based preference or automatic presumption of 50/50 custody. The court may order substantially equal residential time if it serves the child's best interests (RCW §26.09.187(3)(b)). The court may also limit a parent's residential time or decision-making authority under RCW §26.09.191 if there are concerns about domestic violence, substance abuse, sex offenses, neglect, or other factors that pose a risk to the child. In many Washington counties, parents going through a divorce are required to attend a parenting seminar or education class. The parenting plan can be modified after the divorce if there is a substantial change in circumstances (RCW §26.09.260), but the threshold for modification is intentionally high to promote stability for the child.

To begin a divorce in Washington, one spouse (the petitioner) must file a Petition for Dissolution of Marriage with the Superior Court Clerk in the county where either spouse resides. The petitioner prepares the required forms — Washington has mandatory state court forms that must be used in family law cases, available for free on the Washington Courts website or through Washington Forms Online. Key initial documents include the Petition for Dissolution, a Summons, and required financial declarations. If children are involved, a proposed parenting plan and child support worksheets must also be submitted. After filing, the petitioner must have the documents served on the other spouse (the respondent). Washington law requires that someone other than the petitioner — a process server, sheriff, or any person over 18 who is not a party to the case — personally deliver copies to the respondent. If both spouses agree, the respondent may sign a Joinder, eliminating the need for formal service. The respondent generally has 20 days to file a Response after being served (60 days if incarcerated, effective September 1, 2025). If the respondent does not respond, the petitioner may seek a default order. The filing fee for a new dissolution case in Washington typically ranges from $300 to $400, depending on the county. For example, Snohomish County and Pierce County charge $314. If the filing party cannot afford the fee, they may apply for a fee waiver by filing a financial declaration with the court. After the 90-day mandatory waiting period and resolution of all issues (by agreement or trial), the petitioner submits proposed final orders — including the Final Divorce Order (Decree of Dissolution), and if applicable, a final parenting plan and child support order. In some counties, such as King County, uncontested cases without children can be finalized without a court appearance by filing a Declaration in Lieu of Formal Proof. In other counties, at least one party must appear before a judge. Throughout the process, either party may request temporary orders for child custody, spousal support, property use, and restraining orders. If the parties cannot agree on all issues, the case proceeds through discovery, possible mediation, and ultimately trial. All divorce cases in Washington are handled by the Superior Court, which is the state's general jurisdiction trial court. Each of Washington's 39 counties has a Superior Court, and divorce petitions are typically filed in the county where the filing spouse resides, though they may be filed in any county. The Superior Court has exclusive original jurisdiction over family law matters, including dissolutions of marriage, legal separations, parenting plans, child support, spousal maintenance, and property division. Many Superior Courts in Washington have dedicated family law departments or calendars that manage divorce and other domestic relations cases. Some counties have specific local rules and case schedules that set deadlines for discovery, mediation, and trial once a case is filed. For example, King County Superior Court (serving Seattle) has a robust family law department with electronic filing capabilities and specific procedures for uncontested dissolutions. Smaller counties may have different local procedures. Court facilitators are available in many counties to assist self-represented litigants with forms and procedures. Appeals from Superior Court divorce rulings go to the Washington Court of Appeals, which is divided into three divisions: Division I (Seattle), Division II (Tacoma), and Division III (Spokane). Further appeal may be sought from the Washington Supreme Court, though the Supreme Court has discretionary review and accepts only a limited number of family law cases. Most divorce-related appeals involve disputes over property division, spousal maintenance, or parenting plan determinations. Alternative dispute resolution is encouraged throughout the process. Many counties require or strongly encourage mediation before trial, particularly for parenting plan disputes. Collaborative divorce, arbitration, and settlement conferences are also available options that can reduce the time and cost of resolving a divorce outside of the courtroom.

Washington imposes a mandatory 90-day waiting period before a divorce can be finalized. Under RCW §26.09.030, at least 90 days must elapse from the date the petition for dissolution was filed and served upon the respondent before the court may enter a final decree of dissolution. This waiting period cannot be waived by agreement of the parties or by the court. The 90-day period is intended as a 'cooling off' period to give spouses an opportunity to reconsider their decision or to negotiate the terms of their settlement. The clock begins running on the later of two dates: the date the petition is filed with the court, or the date the respondent is served with the petition. If the respondent joins or signs the petition voluntarily, the period begins from the filing date. This means that if service takes several weeks after filing, the effective waiting period could be longer than 90 days from the filing date. Washington does not require the parties to live separately during the waiting period or at any time before filing. There is no mandatory separation period. The 90-day period is simply a minimum timeline — it does not mean the divorce will automatically be finalized on day 91. In uncontested cases where all issues are resolved, the divorce can be finalized shortly after the waiting period expires. In contested cases, the actual timeline may extend to six months, a year, or longer depending on the complexity of the issues, court schedules, and whether the case goes to trial. As of September 1, 2025, Washington enacted a change extending the response deadline for individuals who are incarcerated: someone in a jail, detention, or prison facility when they receive divorce papers now has 60 days to respond to the case, rather than the standard 20 days.