Washington Dissolution FAQ — Most Common Questions (2026)


Basics

Is it called "divorce" or "dissolution" in Washington? Officially, Washington uses "Dissolution of Marriage." Divorce is informal shorthand. All court forms use "dissolution."

How long do I have to live in Washington before I can file? There is no minimum residency period. If you currently live in Washington, you can file immediately.

What is the ground for dissolution in Washington? "Irretrievable breakdown of the marriage" — Washington is no-fault only. No fault or specific reason is required.

Is there a waiting period? Yes — 90 days from the date the petition is filed and served (or the date a Joint Petition is filed). It cannot be waived.


Co-Petition

What is a Joint Petition (co-petition)? Both spouses file together as Co-Petitioners, eliminating the need for service. Available when both parties agree on all terms. The 90-day clock starts on the filing date.

What if we agree on most but not all things? If any issue is unresolved, use an individual petition and work toward a Separation Contract during the 90 days. Consider mediation for any unresolved issues.


Community Property

Does Washington split everything 50/50? Washington starts from equal division of community property, but the "just and equitable" standard allows adjustments. In an agreed dissolution, parties can split assets any way they choose in the Separation Contract.

What counts as community property? All income earned and property acquired during the marriage while residing in Washington (or another community property state), regardless of whose name is on title.

What is separate property? Property owned before marriage, gifts to one spouse, and inheritances kept separate from community funds.


Process

Do I need to go to court? Usually not for an agreed dissolution. The judge typically reviews and signs the paperwork without requiring a hearing.

What is the Separation Contract? The agreement between spouses covering all property division, debt allocation, and spousal maintenance (or waiver). Filed with the court and incorporated into the Decree.

How much does dissolution cost in Washington? Filing fee is $280–$314 depending on county. Simple agreed dissolution with no real estate or retirement accounts: $300–$450 total.


Children

What is a Parenting Plan? A detailed, court-approved schedule for where children live and how decisions are made. Washington requires a specific statutory Parenting Plan form (DR 01.0400).

Is a parenting education seminar required? Yes — both parents must complete a court-approved parenting education seminar when minor children are involved.

How is child support calculated? Using the Washington State Child Support Schedule — an income shares model considering both parents' net incomes, number of children, residential time, health insurance, and childcare costs.


After Dissolution

How do I transfer the house title? A new deed must be recorded at the county Auditor's office — not the Superior Court. Record the deed promptly after the Decree is entered and refinancing (if any) is complete.

What about my 401k? A QDRO (Qualified Domestic Relations Order) must be prepared and submitted to the plan administrator after the Decree. The Decree alone does not divide the account.


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.