Divorce in Washington: Laws, Process, and What You Need to Know (2026)

Q: Can I get alimony in Washington?

Yes, Washington courts may award spousal maintenance the state's term for alimony. There is no statutory formula; courts have broad discretion based on factors including each spouse's financial resources, the time needed to acquire education or training, the standard of living during the marriage, the length of the marriage, and the age and health of both parties. Longer marriages generally result in longer maintenance periods.

Introduction

Washington is a community property state that is strictly no-fault, with the only ground for dissolution being that the marriage is irretrievably broken. The state uses the term dissolution rather than divorce and has a mandatory 90-day waiting period.

Washington is a community property state for property division purposes. For an overview of how this system works, see our guide to property division. Understanding how Washington handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in Washington, you must meet the state's residency requirements: Petitioner must be a resident of the state (no specific duration). This means at least one spouse must have lived in Washington for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

Washington is a strictly no-fault divorce state. The only ground is that the marriage is irretrievably broken. You do not need to prove wrongdoing by either spouse to obtain a divorce.

Property Division

Washington follows the community property approach to dividing property in a divorce. Under community property rules, assets and debts acquired during the marriage are generally divided equally between the spouses. Separate property, such as gifts, inheritances, and assets owned before the marriage, typically remains with the original owner.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in Washington:

Financial resources
Time to acquire education/training
Standard of living
Length of marriage
Age and health
Ability of the paying spouse

In Washington, alimony is referred to as "spousal maintenance." No statutory formula; courts have broad discretion. Longer marriages generally result in longer maintenance periods.

For a comprehensive overview of alimony types and negotiation strategies, see our alimony and spousal support guide. The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

Washington uses the Income Shares model for calculating child support, with an economic table based on combined monthly net income and number of children.

See our child support guide for a detailed explanation of calculation models and modification rules. Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

Washington courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including Washington, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is not required in Washington, though it is often encouraged.

Filing Fees and Costs

Filing fees for divorce in Washington typically range from $250-$350, though exact amounts vary by county. Additional costs may include:

Attorney fees (if you hire a lawyer)
Mediation or alternative dispute resolution fees
Process server or publication fees
Costs for financial experts or appraisers (in complex asset cases)
Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

Waiting period: 90 days after filing and service
Community property state: Assets acquired during the marriage are generally presumed to be owned equally by both spouses.

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About Washington Divorce

Is Washington a community property state?

Yes, Washington is one of only nine community property states in the United States. This means that most assets and debts acquired during the marriage are considered community property and are presumed to be owned equally by both spouses. In a divorce, community property is generally divided equally, though the court has discretion to make a just and equitable division based on the circumstances.

How is property divided in a Washington divorce?

Washington courts divide both community and separate property in a manner that is just and equitable. Community property (assets and debts acquired during the marriage) is typically split equally. Separate property, such as assets owned before the marriage or received as gifts or inheritances, generally stays with the original owner but can be awarded to the other spouse if equity requires it. The court considers the nature and extent of community and separate property, the duration of the marriage, and each spouse's economic circumstances.

How long does a divorce take in Washington?

Washington has a mandatory 90-day waiting period after the petition is filed and served before a divorce can be finalized. An uncontested divorce where both parties agree on all terms can be completed in approximately three to four months. Contested divorces with disputes over property, custody, or support typically take six months to over a year. Washington uses the term "dissolution" rather than divorce.

Can I get alimony in Washington?

Yes, Washington courts may award spousal maintenance (the state's term for alimony). There is no statutory formula; courts have broad discretion based on factors including each spouse's financial resources, the time needed to acquire education or training, the standard of living during the marriage, the length of the marriage, and the age and health of both parties. Longer marriages generally result in longer maintenance periods.

What are the grounds for divorce in Washington?

Washington is a strictly no-fault divorce state. The only ground for dissolution is that the marriage is irretrievably broken. You do not need to prove any wrongdoing by either spouse. If one spouse states that the marriage is irretrievably broken and the court finds no reasonable prospect of reconciliation, the dissolution will be granted.

What are the residency requirements for divorce in Washington?

To file for dissolution in Washington, the petitioner must be a resident of the state. Unlike many other states, Washington does not require a specific duration of residency. You can also file if you are a member of the armed forces stationed in Washington. You file in the superior court of the county where either spouse resides.

How much does a divorce cost in Washington?

Filing fees in Washington typically range from $250 to $350. Total costs depend on the complexity of the case. An uncontested dissolution may cost $1,500 to $3,500 with basic attorney assistance. Contested dissolutions can cost $10,000 to $30,000 or more, particularly in cases involving significant community property, business valuations, or child custody disputes.

What happens to debt in a Washington divorce?

In Washington, debts incurred during the marriage are generally considered community obligations, just like community assets, and are divided equally between the spouses. This includes mortgages, car loans, credit card debt, and student loans acquired during the marriage. Separate debts incurred before the marriage typically remain the responsibility of the spouse who incurred them. The court can deviate from equal division if fairness requires it.

Organize Your Washington Divorce

Divorce Navigator helps you gather financial documents, model settlement scenarios, and prepare for attorney consultations — designed for Washington's community property rules.

Get started for free ->