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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