Residency Requirements:
In order to file in Washington State, the spouse filing for dissolution
of marriage must be a resident of Washington or a member of the Armed
Forces stationed in Washington. The dissolution of marriage may be filed
for in any county where either the petitioner or respondent resides.
In addition, the court will not act on the petition until 90 days has
elapsed from the filing and the service of summons on the respondent.
[Revised Code of Washington Annotated; Title 26, Chapters 26.09.010
and 26.09.030].
Legal Separation:
Irretrievable breakdown of the marriage is the only ground for
separation. [Revised Code of Washington Annotated; Title 26, Chapter
26.09.030].
General Divorce Procedure:
All divorce cases must be filed on official Washington forms. In
addition, spouses must file a Washington Department of Health
Certificate with the petition. Those forms are available from the
Washington office of the Administrator for the Courts. There is at
least 90 days waiting period after filing the divorce and service of
summons of the respondent. [Revised Code of Washington Annotated;
Title 26, Chapters 26.09.020, 26.09.070, and 26.09.080].
Mediation or Counseling:
Child custody or child visitation issues in dispute will be referred
to mediation. The court may order counseling for the spouses if either
spouse requests counseling. A report must be requested from the
counseling service within 60 days of the referral. [Revised Code
of Washington Annotated; Title 26, Chapters 26.09.015, 26.09.030,
and 26.09.181].
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Grounds for Washington Divorce:
No-fault:
The only No-fault or fault-based ground for divorce in Washington
State is the irretrievable breakdown of the marriage. Revised Code
of Washington Annotated; Title 26, Chapter 26.09.030].
Fault-based:
Irretrievable breakdown of the marriage. [Revised Code of
Washington Annotated; Title 26, Chapter 26.09.030].
Where to file for divorce:
The petition for divorce is filed in the county of either spouse.
Title of Divorce action:
Petition for Dissolution of Marriage.
Child support:
Either parent may be ordered to pay child support. Marital misconduct
is not a factor to be considered. All relevant factors may be
considered. Official child support guidelines and worksheets are
available from the Washington Department of Social and Health
Services and from the clerk of the court. The official guidelines
are presumed to be correct, unless there is a showing that the amount
is unjust or inappropriate under the particular circumstances of a
case. Mandatory wage assignments may be required if the child support
payments are over 15 days past due. Child support payments may be
required to be paid through the Washington State Support Registry or
directly to the parent, if an approved payment plan is accepted by
the court. The court may require either parent to provide health
insurance coverage for the child. [Revised Code of Washington
Annotated; Title 26, Chapters 26.09.040, 26.09.050, 26.09.100,
26.09.120, 26.18.070, 26.23.050, and 26-19 Appendix].
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