Same-Sex Divorce in Washington

Washington law recognizes same-sex marriages on equal terms as opposite-sex marriages. Consequently, the divorce process (officially known as “dissolution of marriage”) in Washington is the same for all married couples, regardless of gender or sexual orientation.

Equal Legal Protections

Since Washington provides the same legal rights and responsibilities to same-sex couples as opposite-sex couples, key issues such as property division, child custody and support, and spousal maintenance (alimony) are addressed using the same statutes and guidelines. The Washington Superior Court in the county where you or your spouse resides has jurisdiction over the case, just as it would for opposite-sex divorces.

What to Expect in a Washington Same-Sex Divorce

  1. Filing a Petition for Dissolution
    The spouse initiating the divorce files a Petition for Dissolution in the appropriate county. There is a mandatory 90-day waiting period before the court can finalize the divorce.
  2. Parenting Plan & Child Support
    If children are involved, the court will require a parenting plan and may order child support in accordance with Washington’s child support guidelines (RCW 26.19). The best interests of the child remain the primary concern, regardless of the parents’ gender.
  3. Property & Debt Division
    Washington is a community property state, meaning all assets and debts acquired during the marriage typically belong to both spouses. Division of property is intended to be fair (equitable), though not necessarily an even split.
  4. Spousal Maintenance (Alimony)
    One spouse may be awarded maintenance if there is a need for financial support and the other spouse has the ability to pay. The court considers factors like the marriage’s length, each spouse’s earning capacity, and the standard of living established during the marriage.