How to File for Divorce in Washington
March 10, 2025
Filing for divorce is never an easy decision. It can be an emotional and legally complicated process, but having a clear path forward can make all the difference.
Whether the process is amicable or contentious, having the right legal strategy can lead to a resolution that best supports your future.
Washington is a no-fault divorce state, meaning that neither spouse needs to prove wrongdoing to file. Instead, it’s enough to state that the marriage is irretrievably broken. This distinction helps simplify the legal aspects of divorce, though other factors—such as property division, child custody, and support—still require careful consideration.
Ending a marriage is more than just a legal process; it’s a major life transition that impacts finances, emotional well-being, and family dynamics. The decisions made during a divorce can shape the future for both spouses and any children involved.
By approaching the process with informed guidance and careful planning, individuals can mitigate stress and work toward fair and equitable solutions. Whether seeking a negotiated settlement or preparing for litigation, having a trusted advocate in Seattle, Washington, can help safeguard one’s rights and interests throughout the proceedings.
At Hallack Law, PLLC, I, Attorney Jen Hallack, work closely with clients to help them work through the legal requirements while addressing the personal challenges that come with ending a marriage.
Meeting Washington's Divorce Requirements
Before filing for divorce, it’s important to meet the state’s residency and filing requirements. Washington allows either spouse to file, regardless of whether the other spouse resides in the state.
Requirements include:
Residency: At least one spouse must live in Washington at the time of filing. Unlike some states that require a minimum residency period, Washington doesn‘t impose a waiting period before a spouse can file. This means that even recent residents of the state can initiate the divorce process immediately upon moving.
No-fault grounds: The only legal reason required is that the marriage is irretrievably broken. Washington doesn’t allow fault-based divorces, meaning issues like infidelity or misconduct aren’t considered in determining whether a divorce can be granted.
Waiting period: Washington imposes a 90-day waiting period before a divorce can be finalized. This period begins when the petition is filed and served, making sure both spouses have sufficient time to consider their options and negotiate any necessary agreements before the divorce is legally recognized.
Jurisdiction considerations: If children are involved, Washington courts must have jurisdiction over the case. This typically means that the children must have lived in Washington for at least six months before a custody order can be issued.
Meeting these requirements assures that the court has the legal authority to process the divorce and issue final orders on property division, child custody, and other matters.
Filing the Petition for Divorce
The divorce process formally begins when one spouse files a Petition for Dissolution of Marriage with the appropriate Washington Superior Court. This document outlines key details about the marriage and any initial requests regarding asset division, custody, and financial support.
Steps for filing include:
Completing the Petition for Dissolution of Marriage: This includes details about children, property, and financial arrangements. The petition should also specify whether the filing spouse is seeking spousal support, child custody, or any other relief from the court.
Filing with the Superior Court: The petition must be submitted in the county where either spouse resides. In some cases, filing in a particular county may be beneficial based on logistical considerations or judicial efficiency.
Paying the filing fee: Fees vary by county but typically range between $280 and $320. If a spouse can’t afford the filing fee, they may request a fee waiver by submitting an application to the court.
Additional forms: Depending on the circumstances, additional documents may be required, such as financial disclosures, parenting plans, and property division agreements. Making sure all necessary documents are completed accurately can help prevent delays in the legal process.
Once the petition is filed, the next step involves serving the other spouse with legal notice.
Serving Divorce Papers
Once the petition is filed, the other spouse (the respondent) must be formally notified. Washington law requires legal services to confirm due process.
Acceptable service methods include:
Personal service: A third-party adult (such as a process server or sheriff) delivers the papers in person. This is the most common method and provides the court with clear proof that the respondent has received the necessary documents.
Service by mail: This requires special permission from the court if personal service isn’t possible. The documents must be sent via certified mail with a return receipt requested, assuring that proof of delivery can be provided.
Service by publication: If the spouse can’t be located, a court order may allow notice through a newspaper. The requesting spouse must demonstrate that they have made reasonable efforts to locate their spouse before being granted permission for this method.
Acceptance of service: If the respondent is willing, they can sign an Acceptance of Service form, acknowledging receipt of the documents without requiring formal delivery.
The respondent has 20 days to respond if served in Washington, 60 days if served out of state, and 90 days if served outside the U.S. If no response is filed within the required timeframe, the court may proceed with a default judgment, granting the relief requested in the petition without further input from the respondent.
Proper service is essential to moving the divorce forward. Failing to serve papers correctly can result in delays or even dismissal of the case. If there are concerns about safety or evasion of service, legal guidance may be necessary to determine the right course of action.
Temporary Orders and Agreements
Divorce proceedings can take several months, so temporary court orders may be necessary to address urgent issues while the case is pending.
Common temporary orders include:
Child custody and visitation: Establishes a temporary parenting schedule.
Spousal support: Provides financial assistance until final orders are in place.
Property use: Determines who remains in the marital home or has access to shared assets.
Temporary orders help maintain stability until the final divorce decree is issued.
Dividing Assets and Debts
Washington follows community property laws, meaning assets and debts acquired during the marriage are generally divided equally. However, courts consider several factors when determining a fair division.
Key considerations include:
Length of the marriage: Longer marriages may result in more equal distribution.
Financial contributions: Earnings, savings, and property contributions matter.
Future financial needs: The court may consider income disparities between spouses.
Separate property—such as inheritances or assets acquired before the marriage—typically remains with the original owner.
Determining Child Custody and Support
When children are involved, decisions regarding custody and support must be made in their best interests. Washington courts prioritize stable, supportive environments for children.
Child custody considerations include:
Parenting plans: A detailed agreement outlining custody, visitation, and parental responsibilities.
Child support calculations: Based on income, parenting time, and the child’s needs.
Parental fitness: The court may evaluate each parent’s ability to provide care and stability.
Parents are encouraged to work together to create a parenting plan that minimizes conflict and supports their child’s well-being.
Reach Out to a Divorce Lawyer
Filing for divorce in Washington requires careful attention to legal details, deadlines, and personal considerations. At Hallack Law, PLLC, I, Attorney Jen Hallack provide guidance and representation for individuals working through this difficult process.
I help clients in Seattle, Bellevue, Renton, Kent, Auburn, Enumclaw, Issaquah, Snoqualmie, North Bend, Kirkland, Redmond, Woodinville, and Skykomish, Washington. I can also help clients in King County. Contact me today to discuss your divorce case and explore your legal options.