Washington is a pure no-fault divorce state that uses the term "dissolution of marriage" for divorce. The only ground is that the marriage is irretrievably broken. No party needs to prove fault or misconduct. Either spouse can file based solely on the irretrievable breakdown of the marriage relationship. Washington Revised Code Chapter 26.09 governs dissolution of marriage.
File a Petition for Dissolution of Marriage in the Superior Court of the county where either spouse resides. The petition must include information about property, debts, minor children, and requested relief regarding custody, support, and property division. The other spouse must be served with the petition and summons. If both parties agree on all issues, an uncontested dissolution can proceed through stipulation and consent.
At least one spouse must be a resident of Washington State, or a member of the armed forces stationed in Washington. Washington has no minimum length-of-residency requirement before filing, which makes it notably flexible compared to many other states. The only requirement is that at least one spouse currently resides in Washington.
Washington is a community property state under Washington Revised Code Chapter 26.16. All property acquired during the marriage is presumed to be community property and is subject to division upon dissolution of marriage. Community property is divided equally or as nearly equal as possible, though the court retains discretion to divide community property unequally when warranted by circumstances. Washington Revised Code § 26.09.080 governs property division.
Separate property includes property acquired before the marriage, property acquired by gift or inheritance, and property acquired after dissolution is finalized. Separate property is awarded to the spouse who owns it. However, if separate property is commingled with community property, it may lose its separate character and be treated as community property.
The court considers the duration of the marriage, the nature of the property, the earning capacities of the parties, and any other relevant factors. Each spouse may own and control their separate property independently. Community property is divided as the court deems proper, taking into account contributions to the property and any other circumstances.
Washington uses the term "parenting plan" rather than traditional custody arrangements. The parenting plan specifies each parent's responsibilities for the child's daily care, schooling, and activities. Washington courts apply the "best interests of the child" standard under Washington Revised Code § 26.09.187. Factors include the strength, nature, and stability of the relationship between the child and each parent, the parenting skills of each parent, the child's needs and preferences if of sufficient age, and the stability and continuity of the child's schooling and community ties.
Parents must submit a parenting plan addressing custody, visitation, decision-making authority, and dispute resolution procedures. The court encourages parent-child contact with both parents unless that contact would be harmful to the child. If parents cannot agree on a parenting plan, the court determines one based on the child's best interests.
Washington law presumes that equal parenting is in the child's best interest unless evidence shows otherwise. The court may award parenting time that is substantially equal or unequal depending on the specific circumstances and the best interests of the child.
Washington requires a 90-day mandatory waiting period from the date the petition is filed and served on the respondent. This waiting period cannot be waived under any circumstances, even if both parties agree and the dissolution is completely uncontested. The 90-day period provides time for reflection and consideration of the dissolution decision.
No. Washington has no minimum length-of-residency requirement. Only one spouse needs to be a resident of Washington State at the time of filing. This makes Washington one of the more flexible states for establishing jurisdiction for dissolution of marriage.
Community property is divided equally or as nearly equal as possible. However, the court has discretion to award unequal division when circumstances warrant. The court considers the nature of the property, the length of the marriage, the earning capacities of the parties, and any other relevant factors to determine a fair and just division.
A parenting plan is Washington's term for custody and visitation arrangements. It specifies each parent's responsibility for the child's daily care, major decisions, schooling, and activities. The plan should include a residential schedule, decision-making authority, and procedures for resolving disputes. Parents can agree on a parenting plan or have the court determine one.