Washington Divorce
Information and FAQ
The no-fault ground for divorce in the State of Washington is
that the marriage is irretrievably broken. RCW 26.09.030
Waiting Period At least ninety days must elapse from the date the
petition was filed and served upon the respondent before the Court
may enter a judgment of dissolution of marriage. RCW 26.09.030
Residency Requirements Any party who (1) is a resident of
Washington, or (2) is a member of the armed forces and is stationed
in Washington, or (3) is married to a party who is a resident of
Washington or who is a member of the armed forces and is stationed
in Washington may petition the Court for a decree of dissolution of
marriage. 26.09.030
Name of court and title of action/parties An action for
dissolution of marriage is filed in the Superior Court or Family
Court. The dissolution action is instituted by the filing of the
Petition for Dissolution of Marriage, while the document granting
the dissolution is referred to as the Decree of Dissolution of
Marriage. The party instituting the action is referred to as the
Petitioner, and the opposing party is the Respondent. RCW 26.09.010
Where to File - Venue The dissolution of marriage action may be
filed in any county where either party resides. RCW 26.09.030
Property Division In a divorce, the property (land, house,
buildings, and items of personal property) owned (and debts owed) by
the couple is divided between the parties. You and your spouse must
agree to this division in the Petition for Dissolution of Marriage,
in which you both must join. You may agree to divide the property
any way you like, as long as you both agree. If you cannot agree on
any item of this division, the dissolution of marriage transforms
into a contested divorce. In a contested case, the court shall,
without regard to marital misconduct, make such disposition of the
property and the liabilities of the parties, either community or
separate, as shall appear just and equitable after considering all
relevant factors including, but not limited to: (a) The nature and
extent of the community property; (b) The nature and extent of the
separate property; (c) The duration of the marriage; and (d) The
economic circumstances of each spouse at the time the division of
property is to become effective, including the desirability of
awarding the family home or the right to live therein for reasonable
periods to a spouse with whom the children reside the majority of
the time. RCW 26.09.080
Alimony The court may grant a maintenance order for either
spouse. The maintenance order shall be in such amounts and for such
periods of time as the court deems just, without regard to marital
misconduct, after considering all relevant factors including but not
limited to: (a) The financial resources of the party seeking
maintenance, including separate or community property apportioned to
him, and his ability to meet his needs independently, including the
extent to which a provision for support of a child living with the
party includes a sum for that party;
(b) The time necessary to acquire sufficient education or
training to enable the party seeking maintenance to find employment
appropriate to his skill, interests, style of life, and other
attendant circumstances;
(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 spouse from whom maintenance is sought to
meet his needs and financial obligations while meeting those of the
spouse seeking maintenance. RCW 26.09.090
Child custody The State of Washington will award joint or sole
custody of minor children of the marriage based upon the best
interests of the child(ren). Every dissolution action requires that
each party file and serve a proposed permanent parenting plan on or
before the earliest date of: (a) Thirty days after filing and
service by either party of a notice for trial; or
(b) One hundred eighty days after commencement of the action
which one hundred eighty day period may be extended by stipulation
of the parties.
The parent submitting a proposed parenting plan shall attach a
verified statement that the plan is proposed by that parent in good
faith.
The parents may make an agreed permanent parenting plan. The
objectives of the permanent parenting plan are to:
(a) Provide for the child's physical care;
(b) Maintain the child's emotional stability;
(c) Provide for the child's changing needs as the child grows and
matures, in a way that minimizes the need for future modifications
to the permanent parenting plan;
(d) Set forth the authority and responsibilities of each parent
with respect to the child;
(e) Minimize the child's exposure to harmful parental conflict;
(f) Encourage the parents, where appropriate, to meet their
responsibilities to their minor children through agreements in the
permanent parenting plan, rather than by relying on judicial
intervention; and
(g) To otherwise protect the best interests of the child.
The permanent parenting plan shall contain provisions for
resolution of future disputes between the parents, allocation of
decision-making authority, and residential provisions for the child.
The plan shall allocate decision-making authority to one or both
parties regarding the children's education, health care, and
religious upbringing. Regardless of the allocation of
decision-making in the parenting plan, either parent may make
emergency decisions affecting the health or safety of the child.
Each parent may make decisions regarding the day-to-day care and
control of the child while the child is residing with that parent.
The plan shall include a residential schedule which designates in
which parent's home each minor child shall reside on given days of
the year, including provision for holidays, birthdays of family
members, vacations, and other special occasions. RCW 26.09.184 »
Return to top Child support The court shall order either or both
parents owing a duty of support to any child of the marriage
dependent upon either or both spouses to pay an amount determined
under the child support guidelines established by the State. In
entering a support order, the court shall require either or both
parents to maintain or provide health insurance coverage for any
child named in the order if: (a) Coverage that can be extended to
cover the child is or becomes available to that parent through
employment or is union- related; and
(b) The cost of such coverage does not exceed twenty-five percent
of the obligated parent's basic child support obligation.
The court shall consider the best interests of the child and have
discretion to order health insurance coverage when entering or
modifying a support order under this chapter if the cost of such
coverage exceeds twenty-five percent of the obligated parent's basic
support obligation. The parents shall maintain such coverage
required under this section until:
(a) Further order of the court;
(b) The child is emancipated, if there is no express language to
the contrary in the order; or
(c) Health insurance is no longer available through the parents'
employer or union and no conversion privileges exist to continue
coverage following termination of employment.
A parent ordered to provide health insurance coverage shall
provide proof of such coverage or proof that such coverage is
unavailable within twenty days of the entry of the order to:
(a) The physical custodian; or (b) The department of social and
health services if the parent has been notified or ordered to make
support payments to the Washington state support registry. RCW
26.09.100
Name change In entering a decree of dissolution of marriage, the
court shall make provision for the change of name of any party. RCW
26.09.150
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