Washington Divorce Records

The median divorce rate in Washington is 2.8 per 1,000 people, which is higher than the national average of 2.4 per 1,000 total population. It is considered one of the states with the highest divorce rates in the United States. The average age of divorce in Washington State is 42 for women and 44 for men.

The two types of divorce records in Washington State are divorce decree and divorce certificate:

• Divorce Decree - This is typically a document with several pages stating the divorce terms. It generally contains the court's final decisions on issues like child custody, child support, property division, and alimony.
• Divorce Certificate - Also known as the certificate of dissolution in Washington State, a divorce certificate is primarily a one-page document stating such information as the names of parties to the divorce, the location of the divorce, and the date of divorce.

In Washington State, divorce records are created from divorce cases heard within the state. They are kept and maintained by the county Superior Court clerk where divorces are finalized and by the Washington State Department of Health.

What Are the Residency Requirements for Divorce In Washington?

As stipulated in Section 26.09.030 of the Washington Revised Code, the following residency requirements must be met to file a petition for a divorce in the state:

• At least one of the parties resides in the state on the date of filing, no matter how long they have resided there.
• At least one of the spouses is a military service member stationed in Washington State on the filing date, regardless of the length of residency in the state.

What Are the Grounds for Divorce in Washington?

Washington State is solely a no-fault state when it comes to divorce. It essentially means a party does not have to show or prove the other party did something wrong to warrant getting a divorce. This is unlike fault-based states where a party is required to provide specific legal reasons and prove that the other party is guilty of such a fault to get a divorce.

It is generally impossible to ask for a fault-based divorce in Washington. Being an exclusively no-fault state, stating that a marriage is irretrievably broken and that there is no possibility of reconciliation is enough ground for the court to grant a divorce.

How Much Does It Cost To File for Divorce in Washington?

The average cost of divorce in Washington State is currently between $10,200 and $11,000, depending on the situation. This includes a filing fee of between $250 and $350 ($314 in most cases), depending on the county. Washington State's average divorce cost is lower than the national average of $11,600 but higher than Idaho's (a neighboring state) with a median divorce cost of $8,500. The state's average cost of divorce is about the same as Oregon's, another adjoining state.

Besides court filing fees, other common expenses in a Washington divorce include mediation, document preparation and serving, compensating of expert witnesses, and payment for child custody evaluation professionals. Other costs that may be involved in a divorce in the state include the following:

• Child support
• Alimony
• Legal representation fees
• Property distribution
• Debts

How Long Is the Waiting Period for Divorce in Washington?

In the Washington divorce process, a couple must wait at least 90 days before the court finalizes their divorce, per Section 36.09.30 of the state's Revised Code. This period is also known as the cooling-off period. The 90-day waiting period typically starts ticking when the other party (defendant) has been served with the copy of the divorce papers, not after filing.

Unlike some states, no Washington law requires spouses to be separated (live separate and apart) before they can file for or get a divorce. In other words, a couple may file for divorce in the state while still living under the same roof, provided residency and certain other requirements are met.

How To File for Divorce in Washington

If a person or their spouse meets Washington's residency requirements for a divorce and wishes to file for divorce, they may take the following steps:

• Prepare the official court forms for divorce filing:
  • Complete the Petition for Divorce Form (FL Divorce Form 201) to start with and provide all the required information, including details about minor children, property, and the need for spousal support.
  • If filing the divorce petition jointly with the other party, complete and co-sign the FL Divorce Form 201 and the Agreement to Join Petition Form (FL All Family 119 Form). By doing this, the responding party (defendant) agrees that the court may approve all the requests in the divorce petition unless they file a formal response before the judge takes a final decision and signs the final divorce order.
  • If filing for an uncontested divorce, complete the following forms (signed and notarized by both parties):
    • Final Divorce Order Form (FL Divorce 241)
    • Findings and Conclusions About a Marriage Form (FL Divorce 231)
  • If there are minor children in the marriage, complete the following forms:
    • A proposed Child Support Order Form (FL All Family 130)
    • Proposed Parenting Plan (FL All Family 140)
    • Washington State Child Support Schedule Worksheets
• File at least two copies of the originals of all the necessary forms at the clerk's office of the Superior Court, where the case will be handled.
• After filing the necessary paperwork, serve the other spouse with all the divorce papers if it is not a joint divorce petition. Once served, file the Proof of Personal Service Form (FL All Family 101) with the Superior Court. The defendant has 20 days to respond if served personally within the state or 60 days if served by publication or out-of-state.
• If the defendant was not joined in the divorce petition and fails to respond within the stipulated time, the petitioner may request a default divorce.
• If the defendant responds and does not contest any of the issues, the divorce should be finalized after a 90-day waiting period without a court hearing. However, if both parties have not reached a settlement agreement, the divorce case will proceed as a contested divorce, and there will be a court hearing, after which the final divorce order will be issued.

Are Divorce Records Public in Washington?

Yes. Unless sealed by court orders, Washington divorce records are generally considered public records under the state's Access to Court Records (State Court General Rule GR 31). Hence, members of the public may view or obtain copies of most divorce records in the state.

While most Washington divorce records are public documents, it is customary for the court to redact certain information from the records before making them public to protect privacy rights. Such details include information about minors, health records, financial source documents, and information about domestic violence or abuse.

How To Get Certified Copies of a Divorce Decree in Washington

Washington divorce decrees, which are several paged documents stating the terms of a divorce, are available at the clerks' offices of the Superior Court where such divorces were finalized. Anyone interested in obtaining one may have to contact the clerk's office in the custody of the document and inquire about the procedure for obtaining it.

Generally, a requester will have to provide certain details on their request, including the names of the parties listed in the decree, the county where the divorce was finalized, the case number, and the approximate date the case was finalized. Depending on the county, the request may be made by submitting a written letter or on an application form in person or by mail to the clerk's office.

Some counties provide online records request application forms through which anyone may request certified copies of a divorce record in Washington. In most counties, obtaining certified copies of a Washington divorce decree costs $5 for the first page of each document and $1 for each subsequent page within a document.

Members of the public may also request copies of divorce certificates in Washington by completing the divorce record section and other relevant parts of the Marriage/Divorce Certificate Mail Order Form. The completed form and a non-refundable $25 processing fee may be submitted by mail to the Washington State Department of Health at:

Divorce Settlement: Is Washington a 50/50 State?

Washington State is a community property distribution (50/50) divorce state, not an equitable property distribution state. Community property includes assets and incomes acquired by both parties during their marriage. In an equitable property distribution state, marital assets (property accumulated during marriage) are divided among the divorcing parties equitably (fairly), based on several factors, but not necessarily equally.

Generally, during the divorce process in most community property states, each party gets to keep their separate property (what they brought into the marriage) while the court distributes the net value of both spouses' community property 50/50. Community property includes assets and incomes acquired by either party during their marriage. However, per Section 26.09.080 of the Washington Revised Code, in a divorce case, courts must distribute property and debts, either separate or community, in a just and equitable manner after considering all relevant factors, including the following:

• The duration of the marriage
• The nature and size of the community property
• The economic status of each party at the time the property distribution will become effective
• The nature and scope of the separate assets

FAQs About Divorce Process In Washington

Find below some frequently asked questions about the Washington divorce process:

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