What Are the Grounds for Divorce in Washington?
Washington is a
no-fault divorce state, which means neither party is obligated to prove that their spouse bears responsibility for the dissolution of the marriage.
To initiate a divorce, one spouse must simply claim that there's been an irredeemable breakdown of the marriage, also known as irreconcilable differences. Issues like adultery have no bearing on the court's decisions regarding alimony, division of property, or child custody.
To be eligible for a divorce, one or both spouses must demonstrate that:
- The marriage is irretrievably broken
- A petition has been made by the spouse desiring the divorce
- The spouses have already gone through a 90-day waiting period
- At least one spouse is a resident of Washington or stationed there as a member of the armed forces
Although divorces are no-fault in Washington, complications frequently arise that require the services of an attorney.
The Divorce Process
In Washington, divorce proceedings officially begin with a petition to the court for a dissolution of marriage, which is served to the other spouse to notify them of the divorce. After this step, various considerations must be made before the divorce can be finalized, including:
If the divorce is uncontested or lightly contested, the divorcing spouses can work together to agree on most or all of the terms. In the case of a contested divorce, a judge must make these decisions.
Divorce Filing Requirements in Washington State
To file for divorce in Washington State, the following criteria must be satisfied:
- Legal Residency: At least one spouse must be a legal resident of Washington or a member of the armed forces stationed in the state; either spouse can file as long as one meets this residency requirement.
- Claim of Irretrievable Breakdown: The filing spouse must believe that the marriage is strained beyond repair, indicating that there's no hope of reconciliation.
- 90-Day Waiting Period: Washington imposes a mandatory 90-day waiting period from the date of filing before a divorce can be finalized.
- Service of Summons: The other spouse must be served with the summons and divorce papers notifying them of the legal proceedings.
It's important to adhere to these requirements, seek dependable legal advice, and explore the resources provided by the Washington Courts when pursuing a divorce in the state.
Schedule a Free Consultation with Our Spokane Divorce Attorneys
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Free ConsultationIs It Worth Getting a Divorce Lawyer in Spokane, WA?
Dissolution of marriage isn't something to be taken lightly. It involves making legally binding decisions that will affect your life over the long term — often permanently.
An experienced divorce lawyer can help ensure that your interests are represented during divorce proceedings and offer the guidance you need to make informed decisions.