Grounds for Divorce in Washington

No-Fault Divorce State

Washington is a no-fault divorce state, which means irreconcilable differences (often referred to as the “irretrievable breakdown of the marriage”) is the only ground needed to file for divorce. By stating that the marriage is irretrievably broken, the court will generally grant a divorce without requiring proof of misconduct by either spouse.

Parties in a Washington Divorce

  • Petitioner: The spouse who initiates the divorce by filing a Petition for Dissolution of Marriage.
  • Respondent: The other spouse, who is served with the petition and responds accordingly.

Where to File Your Divorce Case

To file for divorce in Washington:

  1. Residency Requirement:
    • At least one spouse must be a resident of Washington (or a member of the Armed Forces stationed in the state) at the time the divorce action is filed.
  2. Superior Court Jurisdiction:
    • All divorces are filed in the Superior Court of the county where either spouse lives.
    • If spouses reside in different counties, the petitioner typically chooses which county’s Superior Court will handle the case.

Note: Some couples choose a particular county for logistical reasons (e.g., faster processing times, more convenient court schedules). However, the chosen venue must still meet Washington’s legal requirements for filing.

The Waiting Period

Washington imposes a mandatory 90-day waiting period starting from the date the petition is filed (or the respondent is served, whichever occurs later). During this time, the parties must wait before the court can finalize their divorce. Exceptions to shorten this waiting period are extremely rare and typically granted only under extraordinary circumstances.