How to File for Divorce in Washington
How to file for divorce in Washington: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: There is no minimum length of residence in the divorce statute. A divorce (dissolution) can be filed by a person who is a Washington resident, a member of the armed forces stationed in Washington, or a person married to a Washington resident or to a service member stationed in Washington. RCW 26.09.030
| Residency requirement | There is no minimum length of residence in the divorce statute. A divorce (dissolution) can be filed by a person who is a Washington resident, a member of the armed forces stationed in Washington, or a person married to a Washington resident or to a service member stationed in Washington. Court jurisdiction over the other spouse, property and children can depend on other rules. Source: RCW 26.09.030 |
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| Filing fee | State law sets a $200 filing fee for the first document in a civil case, plus statutory surcharges of $40 and $50 on that fee, for $290 in statewide charges. A respondent who files a counterclaim also pays the filing fee. Check with your county superior court clerk for the total, which may include other charges. Source: RCW 36.18.020(2)(a), (5)(c), (6) |
| Uncontested or simplified divorce | Washington has no separate summary divorce. If the other spouse joins the petition or does not deny that the marriage is irretrievably broken, the court enters the decree after the 90-day period. A spouse can sign the Agreement to Join Petition or Service Accepted form (or the agreement on the last page of the petition), in which case formal service is not necessary. Spouses can also make a written separation contract on property, maintenance, and children, which binds the court (except for the parenting plan) unless the court finds it was unfair when signed. |
| Waiting period | The court cannot proceed to enter a divorce until 90 days have passed since both the petition was filed and the summons was served on the respondent (or first published). The decree is final when entered, subject to appeal. Source: RCW 26.09.030, 26.09.150 |
| Divorce forms | Washington State Courts publish mandatory statewide divorce (dissolution) forms in Word and PDF, organized by stage. To start the case: Summons (FL Divorce 200), Petition for Divorce (Dissolution) (FL Divorce 201), Confidential Information (FL All Family 001), the Department of Health Certificate of Dissolution (DOH 422-027), proof or acceptance of service forms, and the Response to Petition (FL Divorce 211). To finish: Findings and Conclusions About a Marriage (FL Divorce 231) and Final Divorce Order (Dissolution Decree) (FL Divorce 241), plus a Child Support Order (FL All Family 130), worksheets and Parenting Plan (FL All Family 140) when there are children. Forms for temporary orders and immediate restraining orders are also provided. Local county superior court rules may require additional documents. |
Where to get help in Washington
More Washington divorce & family law
- Getting a Marriage License in Washington
- Adopting a Child in Washington
- Guardianship of a Child or Adult in Washington
- Establishing Paternity in Washington
- Changing Your Name in Washington
- Child Custody Laws in Washington
- How Child Support Is Calculated in Washington
- Divorce Records in Washington
- Alimony and Spousal Support in Washington
- Legal Separation and Annulment in Washington
- All Washington divorce & family law rules
FAQ
How long do you have to live in Washington to file for divorce?
There is no minimum length of residence in the divorce statute. A divorce (dissolution) can be filed by a person who is a Washington resident, a member of the armed forces stationed in Washington, or a person married to a Washington resident or to a service member stationed in Washington.
How much does it cost to file for divorce in Washington?
State law sets a $200 filing fee for the first document in a civil case, plus statutory surcharges of $40 and $50 on that fee, for $290 in statewide charges. A respondent who files a counterclaim also pays the filing fee. Check with your county superior court clerk for the total, which may include other charges.
How do you get an uncontested divorce in Washington?
Washington has no separate summary divorce. If the other spouse joins the petition or does not deny that the marriage is irretrievably broken, the court enters the decree after the 90-day period. A spouse can sign the Agreement to Join Petition or Service Accepted form (or the agreement on the last page of the petition), in which case formal service is not necessary. Spouses can also make a written separation contract on property, maintenance, and children, which binds the court (except for the parenting plan) unless the court finds it was unfair when signed.
Is there a waiting period for divorce in Washington?
The court cannot proceed to enter a divorce until 90 days have passed since both the petition was filed and the summons was served on the respondent (or first published). The decree is final when entered, subject to appeal.
Where can I get divorce papers and forms in Washington?
Washington State Courts publish mandatory statewide divorce (dissolution) forms in Word and PDF, organized by stage. To start the case: Summons (FL Divorce 200), Petition for Divorce (Dissolution) (FL Divorce 201), Confidential Information (FL All Family 001), the Department of Health Certificate of Dissolution (DOH 422-027), proof or acceptance of service forms, and the Response to Petition (FL Divorce 211). To finish: Findings and Conclusions About a Marriage (FL Divorce 231) and Final Divorce Order (Dissolution Decree) (FL Divorce 241), plus a Child Support Order (FL All Family 130), worksheets and Parenting Plan (FL All Family 140) when there are children. Forms for temporary orders and immediate restraining orders are also provided. Local county superior court rules may require additional documents.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.