Washington Divorce Laws 3

Divorce Law Basics in the State of Washington

Also See: Washington Marriage Laws

Statute: Washington State Divorce Code (Title 26, Chapters, 26.09): apps.leg.wa.gov

No-Fault Grounds:

  • Irretrievable breakdown

At-Fault Grounds: Washington law does not provide for at-fault divorce

Residency: Either party must be a resident of the state at the time of filing

Legal Separation Recognized? Yes. Alimony, property distribution and child support can be awarded.

Counseling Requirements: The court may order mediation to resolve any contested issues.

Property Distribution: Washington is a community property state. Parties may modify the distribution by separate agreement; otherwise, the court will distribute the property equally. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution. Fault is not considered.

Alimony: Alimony may be awarded to either party at the discretion of the court. Fault is not considered.


  • Anonymous

    My husband has been having an affair, can sue his friend for continuing to engage in the affair?

    • James

      Get a life and move on and quit wasting the court’s time (and taxpayer money). That’s why it’s a no fault state. If you want to sue for this crap, move back to one of the blue law southern states and sue away to your greedy little heart’s content.

  • hopelessly in love

    My boyfriend has been going through his divorce for over two years now and his ex seems to be dragging it out for no reason. They have a daughter together and she gave her up to him only if she didn’t have to pay child support. now he has full custody of their daughter. its in writing, legal papers, but she still won’t sign the divorce papers. at this point he has no money for a lawyer so what can he do or file to get this nightmare over with. she filed first though.