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Washington law

Family Laws in Washington.

Washington is a community property state and a no-fault divorce state — the sole ground is that the marriage is "irretrievably broken." There is no minimum residency duration, but one spouse must be a Washington resident at the time of filing. A 90-day waiting period applies before finalization. Washington uses the term "parenting plans" rather than custody. The state uses an income shares model for child support.

Last verified: 2026-02-25

State law

Statute of Limitations

No minimum residency; 90-day waiting periodRCW 26.09.030

One spouse must be a Washington resident (or stationed here as military) at the time of filing. No minimum residency duration. The court cannot finalize the dissolution until 90 days after service of process or filing.

State law

Key Washington Statutes

Grounds for Dissolution (No-Fault Only)RCW 26.09.030

The sole ground for divorce in Washington is that the marriage is "irretrievably broken." No fault-based grounds exist.

Community Property DivisionRCW 26.09.080

Washington is a community property state. The court divides property "justly and equitably" considering the nature and extent of community and separate property, duration of marriage, and economic circumstances. "Equitable" does not necessarily mean equal.

Parenting Plans (Custody)RCW 26.09.187

Washington uses "parenting plans" rather than custody orders. The court considers best interest factors with greatest weight given to the strength, nature, and stability of the child's relationship with each parent. Other factors include parental agreements, parenting performance, emotional needs, sibling relationships, and the child's wishes.

Child Support (Income Shares)Chapter 26.19 RCW

Washington uses the income shares model. Combined monthly net income of both parents is mapped to an economic table. Minimum $50/child/month. Neither parent's obligation may exceed 45% of net income without good cause.

Spousal MaintenanceRCW 26.09.090

The court considers financial resources, time needed for education/training, standard of living during marriage, duration, age/health/financial obligations, and ability to pay. A 2024 WA Supreme Court ruling confirmed that financial "need" is not a prerequisite for an award.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Washington.

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