Filing for Divorce in the state of Washington

1. What are the residency requirements for filing for divorce in Washington?  
You or your spouse must be a resident of Washington or a member of the armed services stationed in the state to file for a divorce there. 

2. Does Washington have a waiting period?       
Yes. The court will not hold a hearing in your case until at least 90 days after you file. 

3. Does the state have grounds for divorce? 
You may file on the ground that your marriage is irretrievably broken. If your spouse does not disagree, the court can proceed.   If your spouse says that you filed the petition for divorce because of fraud or you were coerced to do so, the court will investigate and may or may not dismiss your petition for divorce.  If your spouse disagrees that your marriage is irretrievably broken, the court may: rule that your marriage is, in fact, irretrievably broken transfer your case to family court, refer you to counseling and request a report from the counselor within 60 days, then rule on your case delay your hearing for 60 days and then rule on your case.  

4. How does Washington determine the division of property?    
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you.  The court will divide your community property and your separate property. In Washington, your community property is all property that you and your spouse acquired after your marriage. Your separate property is: property that you acquired before you were married property that you acquired by gift or inheritance (This includes gifts from your spouse.) property that you received in exchange for your separate property.

The court will divide your property in whatever way it finds most equitable, or fair, without taking into account any misconduct on the part of you or your spouse. In determining what is fair, the court will consider:

• What kind of community property you and your spouse have.
• How much and what kind of separate property you and your spouse have.
• How long you were married you and your spouse’s economic circumstances.
• Whethe parent with primary physical custody of your child should receive or have the right to live in your family home.  

5. Does Washington require mediation before a divorce is granted? 
Mediation is not a requirement, but the court may order it in your case to resolve any disputes between you and your spouse over child custody or visitation (unless there is evidence of domestic violence or child abuse). 

6. How does the state determine child custody? 
Legal custody and physical custody are two different things. Legal custody outlines how involved each parent is in the major decisions of a child’s life — where a child goes to school, what faith he or she is raised in and other biggies.  

Physical custody addresses where a child will live and with whom. Visitation is then negotiated based your physical custody arrangement. The state recognizes the importance of continued parent-child relationships as long as they are in your child’s best interest. You and your spouse each will be required to submit a proposed parenting plan within 30 days of filing or being served with notice or 180 days after your case has begun. You also may submit a plan together. 

If one of you fails to file a plan and the other submits a plan that meets the court’s standards, the court may adopt the plan that was submitted. You each must attach a verified statement to your proposed parenting plans saying you developed it in good faith. You and your spouse may be required to attend a settlement conference, at which you review your proposed parenting plans and any other issues with a judge. 

Your permanent parenting plan must:

• Describe your child’s physical care, including holidays, vacations and special occasions.
• Maintain your child’s emotional stability.
• Address your child’s changing needs as he or she grows, with the idea of minimizing future modifications to your plan.
• Identify you and your spouse’s rights and responsibilities toward your child, including education, health care and religious upbringing.
• Minimize your child’s exposure to conflict between you and your spouse.
• Include a way to try to resolve disputes first without going to court.
• Protect your child’s best interest.  

In considering whether to approve joint decision-making, the court will weigh these criteria:

• You and your spouse’s past participation in making decisions regarding your child.
• Whether you and your spouse have shown an ability to cooperate with each other in decision-making.
• How close you and your spouse will live to each other and how that affects your ability to make mutual decisions.

The court also will evaluate your residential schedule to be sure it complies with the state’s guidelines. In addition, the court will consider these factors:  

• Your child’s relationship with you and your spouse.
• Any agreement that you and your spouse made voluntarily.
• Uou and your spouse’s past and potential performance as parents, including whether one of you has taken greater responsibility for your child’s daily needs.
• Your child’s emotional needs and developmental level.
• Your child’s relationship with his or her siblings or other people significant in his or her life.
• Your child’s involvement in his or her school, community or activities.
• You and your spouse’s wishes your child’s wishes, if the court considers him or her mature enough to express a preference.
• You and your spouse’s work schedules.
• Mutual decision-making and residential time will be affected if there’s any evidence of abandonment; physical, sexual or emotional abuse; or domestic violence. 

Your child’s grandparents may also seek visitation with your child. The court will take into consideration whether they have a significant relationship with your child and whether it would be in your child’s best interest. To evaluate your child’s best interest in this case, the court will take into consideration:

• The relationship between your child’s grandparents and you or your spouse.
• The reason you or your spouse object to visitation.
• The effects of visitation on your child’s relationship with you and your spouse.
• Your child’s residential schedule with you and your spouse.
• The intentions of your child’s grandparents.
• Any evidence of physical, emotional or sexual abuse or neglect on the part of your child’s grandparents.
• Any other factor the court considers relevant.