Am I Eligible to File for Dissolution in Washington? (2026)

Washington has very low eligibility barriers — no minimum residency, no fault required, and a straightforward 90-day process. Work through this checklist before you start.

Disclaimer: General legal information only. Consult a licensed Washington attorney for your specific situation.

Section 1 — Residency

Washington requires only that you are currently a Washington resident when you file. There is no minimum duration — even if you moved to Washington last week, you can file today.

Ask yourself:

  • Are you currently living in Washington State? → ✅ Residency satisfied
  • Is your spouse currently living in Washington? → ✅ Either spouse's residency is sufficient
  • Are you currently living in another state? → ❓ Your spouse may still file in Washington if they live here

File in the Superior Court of the county where you live.

Section 2 — Ground for Dissolution

Washington is a no-fault only state. The only ground is "irretrievable breakdown of the marriage." No proof of fault, misconduct, or specific reasons required. Both parties don't need to agree the marriage is over.

Ask yourself:

  • Has the marriage broken down without reasonable prospect of reconciliation? → ✅ Ground is met
  • Does your spouse dispute that the marriage is over? → ⚠️ They can dispute it, but the court can still grant dissolution after a hearing — irretrievable breakdown can be proved by one spouse's testimony alone

Section 3 — Co-Petition Eligibility (The Fast Track)

Washington's Joint Petition (co-petition) is the fastest and simplest path. To use it, you need:

  • Both spouses willing to file together
  • Agreement on all property and debt division
  • Agreement on spousal maintenance (or mutual written waiver)
  • If children: complete agreement on parenting plan and child support

If all four are checked → ✅ Co-petition is your best option. If any is unchecked → Use individual petition; consider mediation for unresolved issues.

Section 4 — Community Property Readiness

Washington is a community property state. All income earned and property acquired during the marriage (while living in Washington or another community property state) is presumed to be owned 50/50 by both spouses.

Ask yourself:

  • Do you have a complete list of all assets acquired during the marriage?
  • Do you know the approximate value of each asset (home equity, retirement accounts, bank balances)?
  • Do you know which items are separate property (owned before marriage, received as gifts or inheritance)?
  • Do you and your spouse agree — or approximately agree — on how to divide the community estate?

If you don't yet know all assets and their values, gather that information before filing. The Separation Contract / Decree must address all community property.

Section 5 — Children

If you have minor children (under 18):

  • You need a Parenting Plan — Washington uses a specific statutory Parenting Plan form
  • You need a Child Support Worksheets calculation
  • You need a Washington Child Support Order
  • The Parenting Plan must address residential schedule, decision-making, and dispute resolution

Washington courts review parenting plans carefully. An agreed plan that serves the children's best interests is approved efficiently.

Section 6 — Safety

If there is domestic violence, coercive control, or fear of your spouse:

  • Washington has Domestic Violence Protection Orders — file through Superior Court
  • Washington LawHelp (washingtonlawhelp.org) has resources for DV situations
  • Address safety before filing for dissolution

Outcome Assessment

All green — ready to file: Proceed to courts.wa.gov/forms and download the DR-series forms for your situation.

Community property disagreement: Consider mediation (typically $200–$400/hour) before filing to resolve the major asset issues.

Safety concerns: Contact Northwest Justice Project (nwjustice.org) or Washington LawHelp before proceeding.

Last reviewed: March 2026 | Washington dissolution forms: courts.wa.gov/forms | Legal aid: nwjustice.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.