Washington Divorce: What You Need to Know

In Washington State, divorce and dissolution of marriage are used interchangeably to mean the legal end of a marital union. The Superior Court in each county within the state handles the entire divorce process. The main focus of this guide is to explain how divorce works in Washington, including the waiting period, court process, divorce types, residency requirement, and how to find court records.

How Does Divorce Work in Washington?

Meeting the residency requirement is one of the essential steps in filing for divorce in Washington State. At least one of the parties seeking a divorce must either be a resident of the state or, if serving in the military, be stationed there. Unlike many states, Washington does not require a long residency period. A divorce petition can be submitted upon establishing residency.

As a no-fault divorce state, Washington allows a divorce to be filed for the reason that the marriage is irretrievably broken. The petitioner does not need to prove fault like adultery or cruelty, as these factors do not influence the dissolution of the marriage. Nevertheless, financial misconduct may still play a role in how property is divided between the spouses.

Moreover, there is a mandatory 90-day waiting period after filing and service of the petition on the defendant before the divorce can be finalized. In uncontested cases, the divorce can be completed shortly after the 90-day waiting period. Contested cases, on the other hand, can take many months or more than a year to finalize.

Types of Divorce in Washington

The various types of divorce provided by the law in Washington State include:

• Uncontested divorce: Since both spouses agree on custody, property, and support, the case can be finalized shortly after the 90-day waiting period.
• Contested divorce: This type of divorce may require mediation, a hearing, or a trial because both parties involved disagree on important matters.
• No-fault divorce: The only acceptable reason for divorce in Washington is that the marriage is “irretrievably broken.”
• Collaborative divorce: This divorce type involves spouses and their attorneys working together outside of court to reach a settlement.
• Legal separation: Without legally ending the marriage, couples can formalize a separation to address issues like custody and property division.

Washington Divorce Court Process and Forms

To begin a divorce in Washington, anyone can file a Petition for Dissolution of Marriage and other necessary documents with the Superior Court in the county where either spouse resides. The necessary documents usually filed along with the petition include:

• Confidential Information Form
• Summons
• Proof of Personal Service
• Financial Declaration
• Parenting Plan and Child Support Worksheets (if children are involved)
• Separation Contract or Settlement Agreement (for uncontested divorces)

The respondent, on the other hand, must be served with the petition and summons by the county sheriff, a process server, or acceptance of service. The respondent has 20 days to file a response, or 60 days if they reside outside Washington.

In addition, both spouses are required to provide financial disclosures to determine their debt, income, and expenses. Before custody can be finalized, both spouses must also complete a parenting seminar if children are involved in their divorce process.

A judge can order divorcing couples to attend a mediation program to resolve disputes over child custody and property division. Nevertheless, the case will proceed to trial if the couple do not reach an agreement.

The divorce is finalized when the judge signs a Final Divorce Order (Decree of Dissolution of Marriage), which officially ends the marriage and sets orders on custody, property, support, and spousal maintenance.

City- and County-Level Filing Details

In Washington, the Superior Courts handle divorce matters at the county level. Divorce procedures and the location of five of the state’s largest counties are discussed below:

• King County (Seattle):
  • Courthouse: King County Superior Court, 516 Third Avenue, Seattle, WA 98104.
  • Services: Individuals can file a divorce case electronically with the Superior Court Clerk or make use of the court forms available on the court’s website.
• Pierce County (Tacoma):
  • Courthouse: Pierce County Superior Court, 930 Tacoma Avenue S., Tacoma, WA 98402.
  • Services: Divorcing or separating parents may be required to attend a parenting seminar online or in person at an approved seminar provider location within the county.
• Snohomish County (Everett):
  • Courthouse: Snohomish County Superior Court, 3000 Rockefeller Avenue, Everett, WA 98201.
  • Services: Individuals filing a divorce can find court filing packets containing all the instructions and necessary forms in the Clerk’s Office.
• Spokane County (Spokane):
  • Courthouse: Spokane County Superior Court, 1116 W. Broadway Avenue, Spokane, WA 99260.
  • Services: The court encourages individuals in contested family law matters, including divorce, to participate in mediation programs.
• Clark County (Vancouver):
  • Courthouse: Clark County Superior Court, 1200 Franklin Street, Vancouver, WA 98660.
  • Services: Similar to many courts in Washington, this court requires parents in custody cases to complete a parenting class.

How to Search for Divorce Records in Washington

Divorce records in Washington are public and are generally accessible. Nevertheless, certain confidential information, such as Social Security numbers, financial accounts, and details about minor children, can be redacted before release. Furthermore, divorce records are maintained by the Clerk of the Superior Court in the county where the divorce was finalized. The methods used to access these records include:

• At the courthouse: By visiting the courthouse in person, interested parties can request to view official case documents or obtain certified copies of divorce decrees for a fee.
• Online: Through the Washington Courts Odyssey Portal, anyone can view case information or court documents in divorce cases depending on their access level.
• Vital Records: The Washington State Department of Health, Center for Health Statistics, provides divorce certificates for divorces finalized since 1968 online, in person, and by mail.
• Third-party services: Although the Superior Courts and the state’s Vital Records Office provide certified copies of divorce records, individuals may find basic case information aggregated from public sources on certain private websites.

Divorce records typically include the names of both spouses, the date and county of divorce, the case number, and the court’s decisions on support, custody, and property division. The Decree of Dissolution of Marriage is the official proof that the marriage has legally ended.

Key Points

• In Washington, divorce is filed in the Superior Court of the county where either spouse resides.
• There is no specific residency period required beyond living in the state or military stationing.
• Washington is strictly a no-fault divorce state, which means that a marriage has to be irretrievably broken to file a divorce.
• A 90-day waiting period applies before a divorce can be finalized.
• In cases involving children, parents must complete a parenting seminar either online or in person at approved centers.
• Divorce records are public records that are accessible at the Superior Court Clerk’s Office. To obtain divorce summaries, interested parties should contact the state’s Center for Health Statistics.