Divorce In Washington
What Is No-Fault Divorce?
In a no-fault divorce, as long as the person filing is legally married, meets residency requirements, and follows the process, the divorce will be granted. The other spouse cannot stop it. You don’t have to prove anyone is at fault or give a reason.
The court only needs one spouse to say the marriage cannot be fixed and there’s no hope of getting back together.
How Long Does Divorce Take?
There is a minimum waiting period in Washington. Divorce takes at least 90 days, starting when you file. If you both agree on everything—such as splitting assets, debts, and custody—the judge can finalize the agreement after the waiting period.
Messy divorces usually take longer and cost more. The more complicated things get—like having kids or lots of assets—the more likely the process will drag on for months.
You might also need to enlist help from other professionals. Common experts include home or asset appraisers, parental evaluators, a guardian ad litem, forensic accountants, mediators, arbiters, and private investigators.
Establishing Jurisdiction
If you and your spouse live in the same state, that’s where you file. If you just moved, live in a different state, or have homes elsewhere, the state handling your case may change.
You don’t have to divorce where you got married, but you must live in the state where you file. Washington State does not have a residency requirement; you only need to live here with the intention of staying.
For Washingtonians, having a spouse just across the Oregon border is not uncommon. In fact, many attorneys in our Portland office are licensed to practice in Oregon and Washington for this reason.
States have different rules for custody, support, and dividing property. Sometimes these rules are drastically different.
For example, Oregon uses Equitable Distribution, while Washington divides property 50/50. In Oregon, 'equity' doesn't mean 'equally'; it means 'fairly'.
Child support payments in Washington and Oregon are both based on an "Income Shares Model" mathematical equation, but they use different variables. You plug in your numbers, and voila, each state would determine a different support amount.
To illustrate this further, property division and child support calculations also affect whether spousal support is ordered and, if so, how much and for how long it will last.
In-Depth: Divorce and Custody Jurisdiction
The Divorce Process
On a mechanical level, the divorce process appears relatively simple.
- You fill out and file the paperwork,
- serve your spouse,
- disclose all assets and debts,
- work out an agreement,
- and sign the final documents.
In uncontested divorces and straightforward cases, it can proceed smoothly. Most divorces don’t go like that, however. The more factors in play, the more difficult things become.
You may find yourself in a fight for an equitable parenting plan or the rights to a shared home. Spouses often argue about minor, inconsequential things, so it’s important to know what’s worth fighting for and what to let go.
When couples can’t come to terms on key issues, they often must go through mediation or arbitration. If no agreement is reached, you may ultimately find yourself in court. In these potentially tricky situations, our knowledgeable divorce attorneys offer guidance and representation.
In-Depth Reading: Steps to File For Divorce In Washington
Costs of Divorce
There’s no one-size-fits-all answer, but on average, divorce in Washington costs between $10,500 and $12,000. With kids, it jumps to about $15,500.
Filing for divorce in Washington costs around $350. This includes filing fees, a judicial surcharge, and court facilitator costs, all of which vary by county.
Every part of the process comes with its own fees, from filing paperwork to hiring a lawyer. Any time you have to submit paperwork, file a petition, respond to motions, or appear before a judge, there may be a cost.
Some expenses are obvious—like paying a lawyer or having to hire experts—though the amount depends on your case. But there are also unexpected costs, like changes to your taxes or the cost of setting up a new residence.
In-Depth: Divorce Cost Breakdown
Divorce Decrees
A divorce decree is the court’s official decision that ends your marriage, and lists the key details, like the case number, divorce date, and what each person has to do.
This document covers many topics, such as the division of property, debts, and retirement accounts. It also includes the residential schedule if you have kids, as well as child support or spousal maintenance.
After the divorce decree is official, making changes, even in cases of error, becomes tricky and expensive.
In-Depth: Divorce Decrees: What You Need To Know
We represent clients in many types of family law cases. Whatever your needs, we have attorneys to make sure everything is handled properly and professionally.
With years of practical experience, our team focuses on sound guidance and representation, serving as a resource to help you understand your rights and options.
