Divorce guide
A detailed step-by-step guide to the divorce process. Includes where to file, temporary orders, the issues a divorce can cover, special protections for military spouses, and where to get help.
For a brief overview, read Divorce: The basics.
Contents
1. The process
Fill out forms online
It’s simple: we ask you questions and use your answers to complete your form.
To divorce, you must get a court order ending your marriage. Washington is a “no-fault” divorce state. This means you can get a divorce if you want one – you don’t have to prove that your spouse did something wrong.
Your final divorce orders will cover these issues:
- Dividing property and debts
- Spousal support (maintenance), if appropriate
- Name change, if requested
- Restraining or protection order, if needed for safety
- Custody and visitation (a parenting plan) for any children under age 18
- Child support for any children under age 18
If you and your spouse agree to all these issues, you can finalize a divorce by agreement. If not, a judge will decide these issues at a trial.
We strongly recommend that you try to talk with a lawyer before filing for divorce. Even if you can't afford to pay one to handle your divorce for you, a lawyer may advise you about important legal rights your divorce may affect. Example: You may have financial rights, such as a share of your spouse’s pension or other property, that you could lose if you don’t protect those rights in the divorce. If you have children, a lawyer can help you with a parenting plan and child support.
Step-by-step
Follow these steps to get a divorce:
Fill out court forms
Use Washington Forms Online to fill out the forms to file for divorce. It’s free and simple. We ask you questions and use your answers to complete your forms.
If you don’t want to fill out the forms online, you can answer a few questions on Get family law forms to get the right forms for your situation.
File with the Superior Court Clerk
Make 2 sets of copies of all your completed court forms: one set for you, one for your spouse.
File the originals with the Superior Court Clerk. Ask the clerk to stamp your copies with the case number and the date filed on the first page of each document.
The clerk will charge a filing fee between $250 – $320. If you cannot afford the filing fee, you can ask for a fee waiver.
In some counties you can file electronically (e-file). Contact the clerk’s office for instructions.
Have your spouse served
Usually, you must have someone else personally serve copies of all your divorce papers on your spouse.
Exception! Do not serve a copy of the Confidential Information form. That’s just for you and the court.
You don’t have to personally serve if one of these is true:
- Your spouse signs the Service Accepted form saying they received the divorce papers from you. Your spouse can sign this even if they don’t agree to everything you’re asking for.
- You and your spouse agree to everything and your spouse signs an agreement to join the petition. Your spouse can sign the Agreement to Join Petition (Joinder) form, or the agreement section at the end of the divorce petition.
Your spouse can respond
Usually, your spouse has 20 days to respond to the divorce papers. They will have longer if they were served outside of Washington (60 days), or if they’re served by mail or publication (90 days).
If your spouse signed an agreement to join the petition, they don’t have to respond.
If your spouse doesn’t respond by the deadline, you can ask the judge to find them in default. If a judge signs a default order, your spouse can no longer take part in the case. The judge can sign final orders and hold hearings without notice to your spouse.
Get temporary orders, if needed
Either spouse can ask the judge for temporary orders to address issues during the divorce process. The judge can make temporary orders about the children, financial support, property, debts, and safety.
Waiting period
Washington has a mandatory 90-day waiting period from the date the petition is filed and served before you can finalize your divorce. This is the least amount of time it takes to get divorced, even if you and your spouse agree on everything. Divorces can take longer than 90 days if you cannot agree.
Gather information, try to reach agreement
During the waiting period, you can negotiate with your spouse to see if you can agree on any of the issues in your divorce. You may need more information before you know what a fair agreement would be. You can use legal tools to get the information you need. This is called “discovery.”
You may want to try mediation to help you and your spouse reach an agreement. Some courts also offer or require settlement conferences. It’s best to try to come to an agreement if possible. Trials can be complicated.
Finalize the divorce
If you and your spouse agree, you can both sign final orders and schedule a hearing for the judge to sign them.
If you don’t agree, your case will go to trial and a judge will decide. Some counties have case schedules that give you a trial date and other deadlines as soon as you file. In other counties, you must ask for a trial date after your spouse has filed a response. This is usually a local form. Ask the clerk.
If your spouse never responded and you get an order finding them in default, you can ask the judge to sign final orders without a trial.
You may need to fill out the final order forms for the judge to sign.
Answer a few questions on Get Family and Safety Forms to get the right forms for your situation.
You are legally divorced after the judge signs your Final Divorce Order and it is filed with the court clerk. The court clerk will forward a Certificate of Dissolution to the State Registrar of Vital Statistics.