By Neta, founder of SortMyDivorce · Published · Updated
No durational residency in Washington — living here when you file is enough — then at least 90 days from filing and service. Washington does grant legal separation.
Washington calls it 'dissolution of marriage,' not divorce, and two things shape almost every case here: community property rules and a mandatory 90-day wait before anything can be finalized.
| Residency requirement | One spouse must currently live in Washington, or be a member of the armed forces stationed there, at the time of filing (or be married to someone who is). No minimum length of residency is required. |
|---|---|
| Grounds | No-fault only — the petitioner must state the marriage is 'irretrievably broken.' No need to prove wrongdoing. |
| Waiting period | At least 90 days must pass between filing (and service on the other spouse) and the court entering a final decree — this is a floor, not an estimate. |
| Legal separation | Washington does grant legal separation. It settles the same questions a divorce settles — support, parenting and, depending on the case, property — but leaves the marriage in place, so neither spouse can remarry without a divorce. |
| If you were never married | Washington does not create common-law marriage, and living together gives neither partner property or support rights. Claims rest on agreements between you. A common-law marriage validly formed in a state that does create them is generally still recognised. |
| Where you file | The Superior Court in the county where you or your spouse lives (e.g. King, Pierce, Snohomish County Superior Court). |
| Filing fee | Payable when you file your opening divorce document. Set by regulation and revised from time to time. A fee waiver is available if you cannot afford it. Filing fees are set by the court and change without notice: check the current schedule on the court's own website before you file, and ask about a fee waiver if the cost is a barrier. |
| Starting forms | Summons (FL Divorce 200), Petition for Divorce/Dissolution (FL Divorce 201), Confidential Information form (FL All Family 001), and — after serving your spouse — Proof of Personal Service (FL All Family 101). |
| Simplified option | Washington has no separate 'simplified dissolution' statute, but agreed/uncontested cases use the same standard forms and can move faster. The courts' free 'Guide & File' interactive tool walks self-represented filers through preparing them. |
Keeping track of dates like these across a stack of letters is exactly what SortMyDivorce does — start a free trial, no card needed.
Washington is one of a small number of true community property states. As a general rule, income earned and property or debt acquired by either spouse during the marriage is presumed to belong equally to both, regardless of whose name is on the account or title. Property owned before the marriage, along with gifts and inheritances kept separate, is generally treated as separate property — but commingling it with joint funds can blur that line quickly, which is why tracing records matter early. Courts divide the community estate in a way that is 'just and equitable,' which in practice usually lands close to an even split but isn't required to be exactly 50/50.
Washington is also a no-fault state: the only ground needed is that the marriage is 'irretrievably broken,' so there's no need to prove wrongdoing. Cases are filed in Superior Court at the county level — King County, Pierce County, Snohomish County, and so on — and each county runs its own local procedures and forms, so it's worth checking your specific county Superior Court's family law website once you know where you'll file.
Washington imposes a mandatory minimum waiting period: a court cannot enter a final dissolution decree until at least 90 days have passed since the petition was filed and served on the other spouse. This is a floor, not an estimate — contested issues, disclosure disputes, or a crowded court calendar routinely push real cases well past 90 days. Treat the 90-day mark as 'the earliest possible,' not a deadline to plan around.
Residency in Washington is comparatively simple: one spouse must currently reside in the state (or be a member of the armed forces stationed here) at the time of filing. Unlike many states, Washington does not require a minimum number of months of residency before you can file — confirm current requirements with your county court or a local family law attorney, since local practice can add wrinkles.
Because Washington starts from a presumption of equal community ownership, thorough records make the process smoother rather than more contentious. Begin collecting: recent pay statements and the last two to three years of tax returns; statements for every bank, investment, retirement, and pension account; mortgage and property tax records for any real estate; vehicle titles and loan statements; and business records if either spouse is self-employed or owns a company. If you're claiming something as separate property — an inheritance, a pre-marriage asset, a personal injury settlement — gather the paper trail showing where it came from and how it's been kept apart from joint funds, since separate-property claims are won or lost on documentation.
Save every letter and email exchanged with the other spouse or their lawyer from the start. In a community property state, a clear record of who proposed what, and when, becomes the backbone of settlement talks — and of any parenting plan negotiations if children are involved.
Washington requires a written Parenting Plan in any case involving minor children, spelling out the residential schedule, decision-making authority, and a dispute resolution process for future disagreements — vague, aspirational plans tend to generate more conflict later than specific, workable ones. Child support is calculated using the Washington State Child Support Schedule, based primarily on both parents' incomes and the number of children, with adjustments for residential time and specific expenses. Many counties encourage or require mediation for contested parenting plan terms before a case goes to trial, so it's worth asking your county court what's expected locally.
Legal separation is available in Washington. It is a court proceeding, and in most respects it runs like a divorce: the court can settle support, parenting arrangements and, depending on the case, the division of property, and the resulting order binds both spouses.
What it does not do is end the marriage. People choose it for a range of reasons — health coverage, religious conviction, immigration status, or simply not being ready — and it leaves the door open to reconciling without starting over.
Two consequences follow. Neither spouse can remarry unless they later obtain a divorce, and modifying the order generally takes the court's approval rather than a private agreement between you. If you expect to divorce eventually, ask what converting the separation into a divorce involves here before you start.
Washington does not create common-law marriage. There is no number of years of living together that turns into a marriage here, and none of the divorce machinery on this page applies to a couple who never married — no property division, no spousal support, no residency requirement to satisfy, because there is nothing to dissolve.
What unmarried partners have instead are ordinary civil claims: whatever you agreed between yourselves, in writing or by clear conduct, and claims over property you actually hold jointly. These are argued like any other contract or property dispute rather than as family-law entitlements, and they turn on what can be proved.
One qualification runs the other way and matters. A common-law marriage validly formed in a state that does create them — Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised elsewhere. A couple who met that state's test while living there, and later moved here, are married, and separating means divorcing. Children are unaffected either way: custody and child support are decided on the same basis whether or not the parents married.
1) Start your financial documentation binder now, separating community and potential separate-property items as you go. 2) Confirm your county's residency and filing requirements, since procedures vary between Superior Courts. 3) If children are involved, sketch out what residential schedule and decision-making split would actually work day-to-day, before positions harden. 4) Get at least one consultation with a Washington family law attorney early — many offer limited-scope help for specific steps even if you're otherwise self-representing. 5) Keep every letter and its date organized from day one; with a 90-day floor and no guaranteed finish line beyond it, knowing exactly what's been sent, received, and promised is what keeps the case moving instead of stalling.
You or your spouse must currently live in Washington, or be active-duty military stationed here, when you file. There's no set number of months required, unlike many other states.
Fill out FL Divorce 200 (Summons) and FL Divorce 201 (Petition for Divorce/Dissolution) — available on the Washington Courts forms site — or use the 'Guide & File' interactive interview to generate them.
File the completed forms with the Superior Court clerk in the county where you or your spouse resides. Each county runs its own local procedures, so check that county's family law page too.
Expect a filing fee that varies by county — confirm the exact current amount with the clerk. If paying would be a hardship, ask the clerk about a fee waiver.
Have the Summons and Petition formally served on your spouse, then file the Proof of Personal Service (FL All Family 101) with the court along with the Confidential Information form (FL All Family 001).
If you need interim decisions on finances, residency, or children while the case is pending, ask the court about temporary orders. Both spouses generally exchange financial disclosures as the case proceeds.
The court cannot finalize your dissolution until at least 90 days have passed since filing and service. Contested issues or a busy court calendar often push real cases past this floor.
If you and your spouse agree on property division, support, and (if applicable) a parenting plan, you can submit agreed final paperwork once 90 days have passed. If contested, the case continues through negotiation, mediation, or trial.
Once the judge signs the Decree of Dissolution, your marriage is legally ended. Keep certified copies for name changes, benefits, and other post-divorce paperwork.
Property and debt acquired during the marriage is generally presumed to belong to both spouses equally, while property owned before marriage or received as a gift or inheritance is usually separate — though commingled funds can complicate that. Courts divide the community estate in a way that's just and equitable; confirm specifics with a local attorney.
No. Washington law requires at least 90 days between filing and service of the petition and entry of the final decree. This is a minimum, not a typical timeline — many cases, especially contested ones, take longer.
Washington generally requires that one spouse currently reside in the state (or be military personnel stationed there) at filing, without a fixed durational residency period like some other states use. Court and case specifics vary, so confirm current rules with your county Superior Court or a local family law attorney.
A legal separation in Washington settles much of what a divorce settles — support, parenting and, depending on the case, property — and the order binds both spouses. The difference is that it does not end the marriage, so neither spouse can remarry without later obtaining a divorce. People use it for health coverage, religious reasons, immigration status, or because they are not ready to divorce. Changing the order generally requires the court's approval.
No. Washington does not create common-law marriage, and living together for any length of time gives neither partner property division nor spousal support. Unmarried partners rely instead on agreements between themselves and on claims over jointly held property, argued as ordinary civil matters. One important exception: a common-law marriage validly formed in a state that does create them — such as Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised here, so that couple would need a divorce. Custody and child support apply regardless of marriage.
If you are in immediate danger, call 911. There is no statewide crisis line here that we could verify, so use the national one: contact the National Domestic Violence Hotline at 1-800-799-7233, or text START to 88788 if a call is not safe. For a mental health crisis, call or text 988.
Last reviewed August 2026. Researched and written by Neta, founder of SortMyDivorce. I am not a lawyer and this is not legal advice — laws, fees and forms change, so please confirm current details with the official sources above or a local family lawyer.
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