Washington · Divorce laws · Updated Oct 2026
Washington divorce laws
Who can file for divorce in Washington, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in Washington
- Who can file (residency)
- You can file in Washington if you live in Washington, or are in the military and stationed here, or are married to someone who lives in Washington or is stationed here. There is no minimum length of time.
- Waiting period
- The court can't finalize the divorce until at least 90 days after the petition has been both filed and served on your spouse (whichever happens later starts the clock).
- Court
- Superior Court in your county
- Official forms
- Divorce forms (Washington courts)
- Court self-help
- Divorce self-help (Washington courts)
- Filing fee
- Check with your court
- If you can't afford the fee
- Ask for a fee waiver under General Rule 34 (GR 34 Fee Waiver forms on the WA Courts forms page): https://www.courts.wa.gov/forms/
- Simpler process for agreed cases
- No separate summary procedure, but if you agree, you can both sign the final orders (or your spouse joins the petition) and schedule a short hearing or present them after the 90-day wait.
- Law
- RCW 26.09.030 · RCW 26.09.030; WA Courts Summons form FL Divorce 200 (09/2026)
Divorce in Washington, step by step
Check that you can file in Washington
You can file in Washington if you live in Washington, or are in the military and stationed here, or are married to someone who lives in Washington or is stationed here.
Get the official forms
Use the court's official divorce forms: Divorce forms (Washington courts) No separate summary procedure, but if you agree, you can both sign the final orders (or your spouse joins the petition) and schedule a short hearing or present them after the 90-day wait.
File the papers and pay the fee, or ask for a waiver
File with the Superior Court in your county. Can't afford it? Ask for a fee waiver under General Rule 34 (GR 34 Fee Waiver forms on the WA Courts forms page): https://www.courts.wa.gov/forms/.
Serve your spouse
Someone else (not you) must personally serve your spouse with the Summons and Petition, or your spouse can sign an Acceptance of Service.
Your spouse responds
20 days after service (60 days if served outside Washington or in a jail or prison) The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
The court can't finalize the divorce until at least 90 days after the petition has been both filed and served on your spouse (whichever happens later starts the clock).
Agree, or go to mediation or a hearing
Some courts offer or require mediation or settlement conferences, especially for parenting plans; check your county's local rules. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. The Petition for Divorce (FL Divorce 201, section 5) lets you ask to change your name; the other spouse's name can be changed only if they agree.
Free tools for Washington
Pre-set for Washington. They run in your browser and send nothing.
Divorce timeline estimator for Washington
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in Washington
- No-fault ground
- irretrievable breakdown (the marriage is irretrievably broken)
- Fault grounds
- Not available: no-fault only
- Law
- RCW 26.09.030; WA Petition for Divorce (FL Divorce 201)
Property and debts in Washington
- System
- Community property
- The rule
- Washington is a community property state, but the court divides all property and debts (community and separate) in a way that is 'just and equitable,' not necessarily 50/50, without regard to misconduct.
- Law
- RCW 26.09.080; RCW 26.16.030; IRS Pub. 555
Alimony (spousal support) in Washington
Called spousal maintenance. The court can order it in amounts and for periods it finds just, without regard to misconduct, after considering factors such as the financial resources of the person asking, time needed for education or training, standard of living, length of marriage, age and health, and the payer's ability to pay. No statewide formula. RCW 26.09.090.
Children: custody and support in Washington
- What Washington calls custody
- parenting plan (residential schedule and decision-making)
- Parenting class
- Many Washington counties require a parenting seminar by local court rule; ask your Superior Court.
- Child support calculator
- Official child support calculator or guidelines
- Child support agency
- Washington DSHS Division of Child Support
Serving your spouse in Washington
- How your spouse gets the papers
- Someone else (not you) must personally serve your spouse with the Summons and Petition, or your spouse can sign an Acceptance of Service. Service by mail or publication needs court permission in some situations.
- Time to respond
- 20 days after service (60 days if served outside Washington or in a jail or prison)
- Law
- WA Courts Summons FL Divorce 200 (09/2026); CR 4.1; RCW 4.28.180
Going back to a former name in Washington
Yes. The Petition for Divorce (FL Divorce 201, section 5) lets you ask to change your name; the other spouse's name can be changed only if they agree.
Mediation in Washington
Some courts offer or require mediation or settlement conferences, especially for parenting plans; check your county's local rules.
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in Washington: Washington protection orders (RCW 7.105) forms: https://www.courts.wa.gov/forms/
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Free help in Washington
Good to know in Washington
- No minimum residency: you only need to live in Washington when you file. (RCW 26.09.030)
- 90-day wait counts from the later of filing and service. (RCW 26.09.030)
- Community property state, but the judge divides property 'just and equitably,' not automatically 50/50. (RCW 26.09.080)
Changes in 2024–2026
WA Courts updated the mandatory divorce Summons form (FL Divorce 200) in Sept. 2026.
Divorce checklist for Washington
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in Washington
How long do you have to live in Washington to file for divorce?
You can file in Washington if you live in Washington, or are in the military and stationed here, or are married to someone who lives in Washington or is stationed here. There is no minimum length of time.
How long does a divorce take in Washington?
The court can't finalize the divorce until at least 90 days after the petition has been both filed and served on your spouse (whichever happens later starts the clock).
What are the grounds for divorce in Washington?
Washington's no-fault ground is irretrievable breakdown (the marriage is irretrievably broken). Washington has no fault grounds.
Is Washington a community property state?
Yes. Washington is a community property state, but the court divides all property and debts (community and separate) in a way that is 'just and equitable,' not necessarily 50/50, without regard to misconduct.
Can I get the divorce filing fee waived in Washington?
Ask for a fee waiver under General Rule 34 (GR 34 Fee Waiver forms on the WA Courts forms page): https://www.courts.wa.gov/forms/
Is there a simpler divorce process in Washington?
No separate summary procedure, but if you agree, you can both sign the final orders (or your spouse joins the petition) and schedule a short hearing or present them after the 90-day wait.
How long does my spouse have to respond in Washington?
20 days after service (60 days if served outside Washington or in a jail or prison)
Can I change my name back in a divorce in Washington?
Yes. The Petition for Divorce (FL Divorce 201, section 5) lets you ask to change your name; the other spouse's name can be changed only if they agree.
Is mediation required in a divorce in Washington?
Some courts offer or require mediation or settlement conferences, especially for parenting plans; check your county's local rules.
Do divorcing parents have to take a class in Washington?
Many Washington counties require a parenting seminar by local court rule; ask your Superior Court.
How does alimony work in Washington?
Called spousal maintenance. The court can order it in amounts and for periods it finds just, without regard to misconduct, after considering factors such as the financial resources of the person asking, time needed for education or training, standard of living, length of marriage, age and health, and the payer's ability to pay. No statewide formula. RCW 26.09.090.