Divorce in Washington State

This short guide is intended to help you determine which documents you may need, and offer a general idea of the Washington State divorce process. Divorce in the state of Washington is legally described in title 26 of the revised code of Washington as the “irretrievable breakdown of marriage.” According to title 26, Washington state residents, members of the armed forces stationed in Washington, and their spouses, are eligible to file for divorce in Washington State. Washington is a community property state, and as such, a simple divorce is possible if both parties consent and no children are involved. Either party to a marriage may file for divorce. All paperwork may be filed in your county of residence. Divorce in Washington will cost you about $250, and requires a ninety day waiting period even if both parties consent.

The basic procedure for divorce in Washington State is as follows:

1. Petition for dissolution of marriage (form WPF DR 01.0100). This begins the procedure, and is the primary document describing redistribution of property and the desire of one or both parties to end the marriage on the grounds of “irretrievable breakdown”.

2. Include vital statistics form for department of health (RCW 43.70.150)

3. Include confidential information form (RCW 26.23.050, form WPF DRPSCU 09.0200)

4. Both parties must sign the above documents, then complete and file the Acceptance of Service document (form WPF DRPSCU 01.0310)

5. Wait 90 days. This is mandatory in Washington State.

6. Complete Notice for Dissolution Calendar (form WPF DR 03.0300)

7. At the hearing scheduled in the dissolution calendar, ask the judge to sign Findings of Fact and Conclusions of Law (form WPF DR 04.0300) and Decree of Dissolution of the Marriage (form WPF DR 04.0400)

If children are involved in the marriage, or either the party involved is unable to come to agreement over the distribution of property, the procedure for dissolution of marriage is far more complex and it is highly recommended that both parties seek a lawyer.

note: this guide is intended as an overview of the divorce process in Washington state, it is not intended as legal advice, and should not substitute for a qualified attorney. In addition, laws vary from county to county and persons should consult their county courts for additional forms or procedures necessary.

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