Washington Divorce

Residency Requirement

The spouse filing for divorce in Washington must live in the state on the date that the petition for divorce is filed in the Washington divorce court.

How to File for Divorce in Washington

First, the petitioning spouse must file with the Washington divorce court a summons and "petition" for divorce. This petition is then served on the responding spouse. Then, the responding spouse has 20 days to reply if he/she lives in Washington or 60 days to respond if he/she lives outside the state.

The summons and petition must be filed with the court and served upon the other spouse for more than 90 days before the judge signs the “Decree of Dissolution of Marriage” formally ending the marriage and the divorce proceedings. The divorce is not legal or finalized until the judge signs the decree. This 90 day waiting period is intended to allow feuding couples to reconcile.

Dividing the Property

In any Washington divorce, all property and debts are distributed. Washington divorce laws provide for just and equitable division of property acquired during a marriage. However, this does not always mean that there is a 50/50 equal division of property and debts.

Property and debts are divided regardless of misconduct or fault. Washington law requires that the court consider whether a parent should continue living in the home so that the children will not have to move and have their lives further disrupted by their parents’ divorce.

The Washington divorce court examines:

• The nature and extent of marital property
• The nature and extent of separate property
• How long the couple was married
• Who is going to pay the expenses and debts
• Any other special circumstances

Alimony

Alimony in Washington is called maintenance. A spouse seeking to obtain “maintenance” must specifically request it in his/her divorce papers. In determining the need, duration, and amount of maintenance, the court will consider:

• Finances of each spouse, including income, debts, tax liability, investments, and property
• Work experience and earning capacity of each spouse, including education and training
• Age and physical abilities of each spouse
• The duration of the marriage
• The standard of living enjoyed by each spouse during the marriage

Taking Care of the Children

One of the biggest concerns for the court is the welfare of children involved in divorce cases. The court is very interested in providing for their financial, educational, and emotional needs from the very beginning of any divorce case.

Child Custody

Washington divorce law requires a parenting plan in any divorce case involving children. The court considers the best interests of the children in deciding on a parenting plan. Any parenting plan must include the following:

• A schedule of where the children will live and when
• Division of responsibility for decision making regarding medical and educational needs
• A statement of how the parents plan on handling future disputes

Child Support

Both parents are required to support their children financially and emotionally. Child support is based on the Washington Child Support Schedule. Child support can always be modified by the court upon the request of the parent. Modification is granted in order to meet changes in the needs of the children, or to reflect changes in a parent's ability to pay the original support order.

Child support orders are enforced by a payroll deduction. The money deducted from a parent’s payroll check is paid to the Washington State Child Support Registry from the day the judge signs the order. Mandatory payroll deductions are available as a way to collect child support when the paying parent has fallen behind in their child support payments.