Breaking Up Without Blame: Grounds for Divorce in WA

Washington operates as a no-fault divorce state, which means that misconduct like adultery, desertion, or abuse are not used as grounds to end a marriage. Instead, one spouse must simply state that the marriage is irretrievably broken. This system shapes how your divorce will proceed and what you'll need to prove — or instead, what you won't need to prove — to the court.

As a team of divorce attorneys who have spent decades handling Washington family law cases, we’ve seen firsthand how this knowledge provides clarity and relief to clients initially overwhelmed by the divorce process.

Hodgson Law Office explores what "irretrievably broken" really means, how Washington's no-fault system works in practice, and what factors still matter even when fault isn't a legal consideration.

Do I Need to Have a Ground for Divorce?

No, you do not. Washington residents do not have to allege any specific grounds for dissolution other than that the marriage is "irretrievably broken."

In some states, you can cite a spouse’s misconduct as grounds for divorce. The specific grounds depend on the state, but they might include the following:

• Abuse or cruelty
• Fraud
• Imprisonment or criminal conviction
• Abandonment
• Severe mental illness

In contrast, all Washington divorces are considered no-fault divorces. One spouse just has to say, "This marriage can't be fixed".

If the non-filing spouse agrees, or joins in the petition, with the other spouse, the court will make a finding that the marriage is irretrievably broken and enter a decree of dissolution.

Washington does, however, require a 90-day “cooling off” period after filing for a divorce. While this waiting period applies in every case, the divorce timeline can extend significantly in contested situations. Once the petition has been filed with the court and appropriately served on the other party, the couple must wait 90 days before the court will enter a decree of dissolution. Avoiding this waiting period is one reason a couple may opt for legal separation instead of a dissolution.

When Fault Still Matters: Practical Implications

To get a divorce in Washington, it doesn’t matter whose fault the divorce is. However, some types of wrongdoing can affect certain aspects of the divorce decree, such as parenting plans, property division, and financial support.

Understanding how these circumstances may affect your case is an important part of the divorce filing process in Washington. Let's explore when marital misconduct might still matter.

Child Custody and Parenting Plans

The court prioritizes the best interests of children, so behaviors that affect a parent's ability to provide safe, stable care will influence parenting plan arrangements. This means that domestic violence, substance abuse, or emotional abuse may significantly impact custody decisions.

While these issues don’t constitute grounds for divorce, the court will consider them when issuing a custody order that prioritizes the child’s well-being. For example, if your spouse struggles with substance abuse and is unable to care for your children safely, this information is highly relevant to court decisions about child custody and visitation.

Property Division

Financial misconduct may affect how the court divides property. Here are some behaviors that might impact property division:

• Hiding assets from a spouse or from the court
• Wasting marital resources on extramarital affairs
• Excessive spending of joint funds

While Washington courts aim for equitable distribution, a judge might not look kindly on a spouse who has intentionally squandered the couple’s joint assets.

Spousal Maintenance

Extreme behavior that affects the other spouse's earning capacity or health might influence spousal maintenance decisions. For example, if one partner prevented the other from working or earning a degree, this could be a contributing factor in determining spousal support.

Protective Orders

In cases involving domestic abuse or threats, the court can issue protective orders. These orders can restrict contact, establish temporary custody arrangements, and provide other crucial protections. You can ask a Washington court to issue a protective order regardless of where you are in the divorce process.

What If My Spouse Doesn't Want a Divorce?

One of the most common concerns people have when considering divorce is, "What if my spouse refuses to agree to the divorce?" In Washington and across the United States, one spouse cannot prevent a divorce from happening. If you want to end your marriage, you have the legal right to do so, even if your spouse refuses to sign divorce papers.

When you file a petition stating that the marriage is irretrievably broken, that's generally sufficient for the court to grant the divorce. Your spouse cannot force you to remain married by refusing to participate or by disagreeing with your assessment of the relationship.

If the parties do not agree that the marriage is irretrievably broken, the court will consider all relevant facts, including whether reconciliation potential exists and the circumstances that led to filing the petition. The court may then enter a decree of dissolution or transfer the case to family court, refer the couple to counseling, and review the counselor's report after a 60-day continuance.

However, even if the court orders counseling, it cannot force you to remain married if you continue to maintain that the marriage is broken. The counseling period is simply a procedural step that may delay the process, not a barrier to obtaining a divorce.

While a contested divorce will take longer and cost more than an uncontested one, the final outcome remains the same: the marriage will be dissolved. Washington's no-fault system ensures that divorce is ultimately accessible to anyone who wants it, regardless of their spouse's position on the matter.

Getting Help with Your Washington Divorce

In many states, couples who are getting divorced must allege — and if contested, prove — that a divorce is necessary based on a ground laid out by statute. While you don’t need specific grounds for divorce in Washington, ending a marriage still involves complex emotions, practical challenges, and important legal decisions.

At Hodgson Law Office, we provide compassionate, experienced legal representation for clients throughout Spokane and the surrounding communities in the state of Washington. If you're considering divorce or have questions about how Washington's no-fault system applies to your situation, contact our office today for a confidential consultation.