No-fault Divorce in Washington: What It Is and How to File

• Washington: A no-fault state
• Why don’t you have to prove fault?
• Is every divorce "no-fault" in Washington? 
• How to file for no-fault divorce in Washington
• Common questions about no-fault divorce
• References

In Washington, you’re not required to tell the court precisely what led to the failure of your marriage. You can get a without a lengthy explanation. That's because Washington is a no-fault divorce state.

Your Washington divorce forms don’t have checkboxes for things like adultery or alcohol abuse. Instead, you can tell the court that your marriage is simply broken and can’t be fixed. That’s enough to start the divorce process.

Keep reading to learn more about no-fault divorce in Washington and what you must do to get the divorce process started. 

Washington: A no-fault state

Because Washington is a no-fault state, neither you nor your spouse must tell the courts about personal mistakes or other things that happened to cause your split.

No-fault states like California use the term "irreconcilable differences" to describe broken unions leading to divorce. Washington laws use slightly different terminology: The marriage is "irretrievably broken."

Only one willing person is required to get a divorce; the other person doesn’t have to agree. If your partner files for divorce, you can’t prove that your union still works. The divorce will proceed whether you want it to or not. 

Why don’t you have to prove fault in Washington?

Let's take a brief look at the history of divorce law in Washington. In 1973, Washington became a no-fault divorce state. At that point, one person could start the process by claiming that the marriage was broken and couldn’t be fixed. At the same time, fault stopped becoming a factor used to disperse a couple’s assets after the split. 

Before 1973, Washington was a fault state. People could only get divorced if they could prove a serious problem occurred, such as the following:

• Fraud that led to the marriage 
• Mental incapacity 
• Adultery
• Impotence 
• Abandonment lasting one year
• Cruel treatment 
• Drunkenness
• Neglect 
• Imprisonment
• Living apart for five years
• Insanity for two years 

Divorce rates started rising in the 1970s and 1980s. In 1991, representatives worried that Washington’s no-fault laws made divorcing too easy and should be changed. 

But advocates pointed out that returning to a fault process meant increased animosity between divorcing parties as well as higher legal costs. Instead of making divorce harder, they said, legislators should focus on helping people prepare for marriage. 

No serious challenges to the no-fault process have emerged since the 1990s. In general, experts say removing fault can help people move through this process quickly without enduring unnecessary trauma. 

Is every divorce "no-fault" in Washington?

Washington laws don’t include any fault-based divorce options. Even if you’d like to tell the courts about the reasons your partner ruined your marriage, there’s no space within the state’s approved forms to do so. 

A partner’s bad behavior won’t affect how your property and debts are divided after the split. If your spouse cheated, lied, or hurt your feelings, you can’t ask for more money or fewer debts as compensation for that emotional pain. Even if these matters mean a lot to you personally, they don’t matter to the court.

However, if you can prove that your partner somehow hurt or wasted property you shared, you could get more. For example, if your partner drove recklessly while drunk and ruined your shared car, you could be exempted from debts associated with the wreck. 

How to file for a no-fault divorce in Washington 

If you believe your marriage is broken and can’t be repaired, filing for divorce in Washington is a potential next step. Many forms and waiting periods are involved in the Washington divorce process. At the end of the process, you’ll be single and ready to move forward without your partner. 

A typical divorce process in Washington involves the following steps:

1.  Make sure you satisfy the residency requirement. You must live in Washington state on the date you file for divorce. Unlike many other states, you're not required to prove that you’ve been a resident of Washington for many months. However, you should be prepared to prove that you are a resident of Washington now. 
   
   
2.  Find your court. Washington laws allow county courts to create unique divorce processes and forms. Some county courts charge higher filing fees than others. Find the court in your county, and contact officials there to learn about region-specific forms and steps. 
   
   
3.  Fill out paperwork. Two primary forms are required: Petition for Divorce (Dissolution) and Summons: Notice about a Marriage or Domestic Partnership. Fill them out, and file them with the courthouse in your county. Note: You may be required to attach other paperwork as well. Read the Petition and Summons very carefully to make sure you don't miss anything.
   
   
4.  Pay a filing fee. The petitioner (or the one filling out the first documents) pays the court a fee to start the case. Most courts charge at least $300 in filing fees. 
   
   
5.  Notify your spouse. You must have divorce paperwork formally presented to your spouse in a process called serving. Find someone unaffiliated with your case, give that person your official documents, and provide a Proof of Personal Service form. Your server will fill out that form and bring it back to the courthouse when the paperwork has changed hands. 
   
   
6.  Wait for a reply. Your spouse has up to 60 days to serve you with paperwork about your split. 
   
   
7.  Wait for 90 days. Washington requires a 90-day cooling-off period before a judge can rule on your divorce. 
   
   
8.  Collaborate with your spouse. Issues like childcare, child support, debt distribution, and asset splits must be settled before your case is complete. During your waiting period, you might negotiate with your ex one-on-one, or you might negotiate with your spouse with the help of a mediator. Then, fill out these forms and file them: Findings and Conclusions about a Marriage, Notice of Hearing, and Proof of Mailing or Hand Delivery. 

If you share children, you’ll also need these forms: Child Support Order, Parenting Plan, Residential Time Summary Report, and Child Support Worksheets.

9, Go to a hearing. Bring all of your paperwork with you.

10. Get a signed document. The court will sign a Decree of Dissolution of Marriage containing everything you’ve settled with your spouse. Your marriage isn’t over until the court signs these final orders. 

If you can’t collaborate with your spouse or settle key terms, unfortunately, your process could look very different from the one we’ve outlined. You might need to go to court instead of simply filing an agreement. Your case will take longer, and your legal fees will rise. 

Whenever possible, it's helpful to work with your spouse and develop an agreement together. If that sounds difficult, know that there are professionals who charge less than lawyers who may be able to help: divorce mediators.

Read: What to Ask for in Divorce Mediation

If both of you are willing, you can hire a mediator to facilitate discussions about tricky topics such as spousal support and child custody. Working with a mediator can help you avoid an expensive and painful divorce case in court. 

Common questions about no-fault divorce

Is a no-fault divorce the same as an uncontested divorce?

No. A no-fault divorce is one that begins without proof of wrongdoing. An uncontested divorce is one in which both parties agree that divorce is imminent, and they agree how to split assets, debts, share child custody, and any other important issues.

Uncontested divorce is a time-saver and a money-saver, but everything doesn’t always fall into place so neatly. Again, consider working with a mediator rather than an expensive divorce attorney to gain an “uncontested” status.

In Washington, you can have an uncontested, no-fault divorce. File the original Petition for Divorce (Dissolution) together, and skip the summons and serving steps. Collaborate on a final plan during the mandatory 90-day waiting period, and submit an agreement together. Your divorce will be much less painful and less expensive. 

How long does a no-fault divorce take in Washington?

A no-fault divorce in Washington takes at least 90 days. The 90-day cooling-off period is designed to give both people time to think about what life will be like when their marriage is over. The couple could potentially change their minds during this waiting period.

Notably, if you're divorcing in Washington and cannot negotiate with your spouse during the waiting period, you could be forced to end your marriage in court. In such a situation, your divorce would likely take much longer than 90 days.

How much does a no-fault divorce cost?

Courts charge a filing fee of more than $300. You may also have costs involved with photocopying documents. And, if you hire a professional to serve your spouse with divorce paperwork, fees are involved. 

If you’re able to work out details via mediation versus battling it out in court, you’ll save significant amounts of money. The more work you do yourself, the less expensive your split will be. 

Who pays for a no-fault divorce?

It depends. The person who starts the divorce process typically pays the filing fee, but if you file documents together, you can share that expense. If you hire mediators, you could share those fees, too. 

But if you both hire lawyers and plan to go to court, you’ll typically pay them as individuals. Some couples argue about those fees during their divorce and ask for payment in their settlements. 

Every situation can be a little bit different. But in general, more arguments mean higher costs for both people. If you can do more work together in mediation, you’ll shorten your divorce timeline and end up with a lower overall cost for your divorce. 

References