Washington Divorce Laws

Divorce Laws in Washington (WA)

Washington processes 28,000+ divorces annually. As a community property state, marital assets are generally split 50/50. Only no-fault divorce is available.

Filing Fee

$280–$350

Residency Req.

None (must be resident)

Waiting Period

90 days

Property Type

Community

Grounds for Divorce

Washington is a no-fault divorce state. You do not need to prove wrongdoing by either spouse. The only ground required is that the marriage is irretrievably broken. This is governed by RCW §26.09.030.

No-fault filing simplifies the process and typically reduces litigation costs significantly.

Property Division

Washington is a community property state. This means all assets and debts acquired during the marriage are presumed to belong equally to both spouses and are typically split 50/50. Separate property — assets owned before marriage or received as gifts/inheritance — remains with the owning spouse.

The median uncontested divorce in Washington costs approximately $11,000. Contested cases with significant property disputes average $45,000.

Child Custody

Washington courts determine custody based on the best interest of the child standard. Courts consider the child’s relationship with each parent, each parent’s ability to provide a stable environment, the child’s adjustment to home and school, and any history of domestic violence or substance abuse.

Washington uses the Income Shares model. Both parents' incomes are combined, and a state guideline table determines the total support obligation. Each parent's share is proportional to their percentage of the combined income.

Alimony & Spousal Support

Spousal support in Washington is determined by considering the length of the marriage, each spouse’s income and earning capacity, the standard of living established during the marriage, and each spouse’s contributions (including homemaking). Courts may award temporary, rehabilitative, durational, or permanent alimony depending on the circumstances.

Under RCW §26.09.030, the court has broad discretion in setting the amount and duration of spousal support. Longer marriages (typically 15+ years) are more likely to result in longer-term or permanent alimony awards.

Filing Requirements & Costs

Residency RequirementNone (must be resident)
Filing Fee$280–$350
Waiting Period90 days
No-Fault AvailableYes (only option)
Fault Grounds AvailableNo
Child Support ModelIncome Shares
Governing StatuteRCW §26.09.030

Get Clarity on Your Washington Divorce

Upload your letter or calculate your costs. See your situation analyzed against Washington’s actual statutes — in 90 seconds.

Frequently Asked Questions

How long do you have to live in Washington to file for divorce?
Washington requires None (must be resident) of residency before you can file for divorce. RCW §26.09.030 governs the filing requirements.
Is Washington a community property or equitable distribution state?
Washington follows community property rules, meaning marital assets are generally split 50/50.
How much does a divorce cost in Washington?
Filing fees in Washington range from $280–$350. The median total cost is approximately $11,000 for uncontested divorces and $45,000 for contested cases.
How long does a divorce take in Washington?
Washington has a mandatory waiting period of 90 days. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Washington?
Washington uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.
Can I file for divorce on fault grounds in Washington?
Washington is a no-fault divorce state. You do not need to prove fault — irreconcilable differences or irretrievable breakdown of the marriage is sufficient.
How many divorces happen in Washington each year?
Washington processes approximately 28,000+ divorces annually, making it important to understand your state's specific rules and formulas.
What should I do first if I'm considering divorce in Washington?
Start by understanding the three core issues — property division, support/alimony, and custody. Use our free tools to calculate your costs, analyze your situation, and understand your state's specific formulas before spending money on attorney consultations.

Related Resources for Washington

Stay Updated on Washington Divorce Law

Get weekly updates on legal changes, new tools, and expert insights.

Create Free Account

This page provides general information about divorce laws in Washington and is not legal advice. Laws change frequently — verify current statutes with RCW §26.09.030 or consult a licensed Washington attorney. Last reviewed March 2026.