Divorce Law in Washington
Are you preparing for a costly divorce in Washington? Has your spouse hired an attorney?
When couples cannot resolve disagreements on their own, they often rely on mediation or court intervention to reach a final outcome.
Issues Involved in Washington Divorce Law
A Washington divorce requires spouses to settle several legal and financial matters before the marriage can be dissolved. These issues can be stressful and may lead to disagreement, especially when property or children are involved.
Dividing Property
Property division can quickly become one of the most difficult parts of a divorce. In many states, including Washington, most assets and debts acquired during the marriage are considered marital property. Common examples include homes, bank accounts, cars, investments, and retirement funds.
Some states divide marital property evenly, while others use an equitable division approach. With equitable division, the court reviews each spouse’s financial contributions, income, debt, and future economic circumstances. Because of this, a divorce settlement may not result in a perfect 50/50 split of assets and liabilities.
Child Support
Both parents are legally required to support their children. Child support helps cover essential costs such as housing, clothing, food, education, and medical care.
The Washington State Child Support Guidelines use the Income Shares model, which calculates payments based on both parents’ income and the number of children. Payments may be made by mail, online, or in person through the Division of Child Support (DCS).
The DCS has the authority to enforce payment through wage withholding, license suspension, property liens, and credit reporting. Serious violations can also lead to contempt charges, fines, or jail time.
Alimony
Alimony, also called spousal maintenance, is designed to help a spouse maintain financial stability after the divorce. Washington courts consider several factors when determining the amount and duration of maintenance:
- Each spouse’s financial need and ability to pay
- Age and health of each spouse
- Length of the marriage
- Earning capacity and education
- Property division
- Parental responsibilities
- Separate assets
Courts may order temporary maintenance during the divorce, followed by short-term or long-term maintenance after the case concludes. Short-term maintenance is common when a spouse needs training or education to become self-sufficient, while long-term maintenance is generally reserved for lengthy marriages.
Child Custody and Visitation
Child custody is often the most emotionally challenging part of a divorce. Washington courts base every custody decision on the best interests of the child.
The Washington State Legislature emphasizes stability, emotional development, and physical care when evaluating a parenting plan. Courts generally try to preserve existing parent-child relationships unless changes are necessary to protect a child from emotional or physical harm.
In most cases, Washington courts award joint legal custody, meaning both parents can make decisions regarding health care, education, and religious upbringing. However, joint legal custody does not guarantee equal time with the child. A non-custodial parent can still receive reasonable visitation rights.
The Process of Going Through Divorce Law in Washington
If you are considering divorce, understanding the legal steps can help you prepare for the process ahead.
Step 1: File the Divorce Law Petition
A divorce begins when one spouse files a petition to legally dissolve the marriage. The petition must confirm residency requirements and state the legal grounds for divorce. Washington allows no-fault divorce, meaning a spouse may cite “irreconcilable differences” without proving misconduct.
Step 2: Request Temporary Orders
A divorce can take months to finalize. Temporary orders help protect financial and parental rights in the meantime. These orders may address child support, custody, spousal maintenance, property use, or restraining orders. Filing early ensures you are not left without needed resources or protection.
Step 3: Serve Your Spouse and Wait for Their Response
The spouse who files must arrange for the other spouse to be formally served with divorce paperwork. If the spouse accepts service, they will complete an affidavit. If not, a sheriff or process server may complete service and file proof with the court.
Step 4: Try To Come to an Agreement
The fastest and least expensive option is an uncontested divorce, where both spouses agree on property, custody, and financial issues. Couples may reach an agreement on their own or with help from a mediator, which often reduces conflict.
Step 5: Go To Court
If no agreement is reached, the case proceeds before a Washington judge. Superior Courts handle divorce matters, and Washington has 39 Superior Courts—one in each county. At trial, the judge issues final rulings on property, custody, and support.
Step 6: Receive the Judgment of Divorce
The process concludes with the judgment of divorce, which legally ends the marriage. The judgment will outline custody arrangements, property division, support obligations, and all other rulings.
Work With an Experienced Washington Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Washington divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Washington state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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