Considering Divorce in Washington State? Here’s What to Know

If you’re facing divorce for the first time, you likely have more questions than answers. What are the steps? How long does it take? What happens to your kids, your house, or your finances? Divorce can feel overwhelming, but understanding the legal process and your rights under Washington law can help you move forward with clarity and confidence.

Whether you’re contemplating divorce or have just been served papers, knowing what to expect is the first step toward protecting your future.

Washington is a “no-fault” divorce state, which means that you do not have to prove that your spouse did anything wrong. The only legal reason required is that the marriage is “irretrievably broken.” In most cases, neither spouse’s behavior will affect the outcome of the case when it comes to dividing property, establishing parenting plans, or awarding spousal support.

Here are a few basic facts:

• You or your spouse must be a resident of Washington to file for divorce here.
• There is a mandatory 90-day waiting period after filing before a divorce can be finalized.
• Washington follows community property laws, meaning most property acquired during the marriage will be divided fairly, though not always equally.
• If children are involved, the court will require a parenting plan and child support order.

For a comprehensive overview of the divorce process, visit:
Washington Courts – Divorce and Legal Separation

If you have children, creating a court-approved parenting plan is one of the most important parts of your divorce. Washington courts do not use the terms "custody" or "visitation." Instead, they focus on residential schedules and decision-making responsibilities, all centered around the best interests of the child. The court expects both parents to encourage a healthy relationship between the child and the other parent—unless there are serious safety concerns.

Learn more:
Washington Courts – Parenting Plans

Spousal maintenance, commonly known as alimony, may be awarded to one spouse depending on the length of the marriage, the financial needs of one party, and the ability of the other to pay. Maintenance is not automatic—it’s decided on a case-by-case basis. It can be temporary (during the divorce process), rehabilitative (to help a spouse become self-supporting), or long-term in some cases.

Learn more:
Washington Law Help – Divorce/Separation

Washington is a community property state, which means that most assets and debts acquired during the marriage are considered jointly owned and must be divided fairly. However, “fair” does not always mean a 50/50 split. The court will take into account the nature of the property (community vs. separate), the length of the marriage, and each spouse’s financial situation moving forward.

Learn more:
Washington Law Help – Who Gets What in a Divorce

1. What will happen to my children, and how will custody or visitation be decided?
In Washington, custody is determined through a court-approved parenting plan focused on the best interests of the child. The court will examine factors such as each parent’s role in caregiving, the child’s emotional needs, and each parent’s ability to support a positive relationship with the other parent.

“The best interests of the child are served by a parenting arrangement that best maintains a child’s emotional growth, health and stability, and physical care.”
Read the statute: RCW 26.09.002 – Best interests of the child
Helpful link: Washington Courts – Parenting Plans

2. How will our finances be divided, and will I be financially stable after the divorce?
Washington is a community property state, which means most assets and debts acquired during the marriage are presumed to be jointly owned and must be divided fairly—though not necessarily equally.

“…the court shall… make such disposition of the property and the liabilities… as shall appear just and equitable after considering all relevant factors…”
Read the statute: RCW 26.09.080 – Division of property and debts Helpful link: Washington Law Help – Property and Debt in Divorce

3. How long will the divorce process take, and how much will it cost?
In Washington, there is a mandatory 90-day waiting period from the date of filing before a divorce can be finalized. The total duration depends on whether the divorce is contested and the complexity of the issues involved. Costs vary widely, especially if litigation is required.

Helpful link: Washington Law Help – Divorce Process Overview

4. What are my legal rights, and how can I protect myself?
You have the right to a fair division of property, to request spousal support, and to a parenting plan that serves your child’s best interests. If safety is a concern, you can also request a protection order.

“In a proceeding for dissolution of marriage… the court may grant a maintenance order for either spouse…”
Read the statute: RCW 26.09.090 – Spousal maintenance
Helpful link: Washington Law Help – Legal Separation and Divorce

5. How will this divorce affect my emotional well-being and relationships with family and friends?
Divorce can be emotionally challenging, but support is available. It’s important to build a network of support, which may include counseling, support groups, or trusted friends and family. Courts in Washington do not decide emotional issues, but emotional health can affect parenting evaluations and post-divorce stability.

Helpful link: Washington State DSHS – Resources for Parents and Families

Divorce is never easy—but it doesn’t have to leave you overwhelmed, unprotected, or uncertain about your future. Whether you’re in the early stages of considering divorce or are already facing court proceedings, understanding your rights and obligations is the first step toward building a stable foundation for what comes next.

At the Law Offices of Jason S. Newcombe, we help individuals throughout Washington State navigate the legal, financial, and emotional challenges of divorce. With decades of experience, we are committed to helping you secure what matters most—your children, your finances, and your peace of mind.

Our divorce services include:

• Alimony (Spousal Support)
• Child Custody
• Child Support
• Divorce for Men
• Restraining Orders
• Divorce for Women
• Prenuptial Agreements

You don’t have to face this alone. We’ll walk with you through every step of the process, advocate for your best interests, and ensure that your voice is heard.

Most people in Washington consider a divorce to be one of the most difficult events a person can face in life. The future is uncertain because, until you can answer questions of property ownership, spousal support, and child related issues, there is no way you can move forward with your life. You also must deal with the emotional turmoil of a breakup while making decisions that will impact you and your family for many years.

Rebuilding your life hinges on making sound decisions now that are in your own best interests, and that of your children. When you need help making these tough decisions a Washington State divorce attorney can help, but only when they have earned your trust.

If you’re facing a divorce and are looking for a qualified Washington divorce lawyer to help you make tough choices, then you should contact our law office. Building trust with your Washington divorce lawyer will greatly increase your chances of a favorable outcome as you work though this difficult process. Our Washington divorce attorneys seek to earn your trust by listening to your needs, outlining a set of goals from the outset of your case, and then doing the work needed to optimize your chances of success.

Our Washington divorce attorneys will strive to develop honest communication with you as the process unfolds. This is the best way to reach decisions based on Washington divorce law combined with the needs of your family. We want to help you move into the next phase of your life, and we seek to accomplish this by earning your trust. Our team of legal professionals has helped hundreds of clients in cases involving divorce, child custody, and family law. Your divorce lawyer will earn your trust by using their experience to help you attain realistic goals, utilizing every legal tool at their disposal.

There are times during divorce proceedings when emotions run high and conflict can arise. Stress, resentment, and issues from the past can surface during Washington divorce negotiations and boil over into verbal sparring. Things might even get more heated when questions arise concerning child support, visitation, paternity, division of property, and child custody are brought into the mix. At times like this, a positive relationship with your Washington attorney can help reduce tensions and aid in reaching a settlement.

Our Washington divorce attorneys provide you with counsel based on the law, which can help you remain focused on what’s really important. Divorce proceedings are not a rigid path, but rather a fluid process that requires a willingness to negotiate and, at times, be flexible. Your divorce lawyer might even tell you something that you don’t want to hear, but you must remember they are only offering you advice that meant to help you achieve your goals.

Your divorce lawyer in Washington State will always seek a course of action based on artful negotiation. However, sometimes taking a case to court cannot be avoided. Either way your Washington State divorce attorney will be your trusted confidante, always willing to address your needs and offer you sound legal counsel.

Our Washington divorce attorneys take a personal interest in every case. This compassionate approach to your divorce will help you keep focused on what’s important – you and your family’s future. A divorce is an emotionally draining experience, but our legal professionals do everything in their power to remove some of your burden. Contact a Washington divorce lawyer from our law firm today and begin outlining a set of goals that will help you turn the page into the next chapter of your life.

Any experienced Washington State divorce attorney will tell you that, when possible, negotiating with your ex-spouse is likely the best course of action. During these negotiations it can be difficult to keep emotions from boiling over, but being willing to listen and keep an open mind will help accomplish this feat.

When children are involved, their needs must be addressed, and the decisions made should be in their best interests. This can be difficult when parents disagree on what exactly is best for their children. Still, if negotiations are successful then this can greatly lessen the stress of the situation.

If negotiations ultimately fail, then your Washington attorney will take your case to court. However, the negotiating process is simplified when you have a professional working to keep emotions in check and help both parties stay focused on compromises that are in their own best interests.

Absolutely no one knows your family better than you, and our Washington divorce attorneys always maintain your goals as their primary focus. Our number one goal is to focus on getting you the best end result possible by using our knowledge and experience to realize your needs.

Your Washington divorce lawyer will take a personal interest in your case, going above and beyond negotiation and litigation. This compassionate approach not only helps us develop a trusting relationship with our Washington clients, it also helps them navigate their transition into a new life.

Right now you might feel overwhelmed, but rest assured that this is a natural response when facing a Washington divorce. Your best course of action is to find a Washington State divorce attorney whom you can trust, and with the experience needed to protect your legal rights and be willing to listen to your needs and concerns. Our team of attorneys has over 30 years of combined experience, and they are ready to help you take the next step toward a secure future.

Contact us today for a free and confidential consultation. We want to be part of your team, and do the work needed to earn your trust and protect the interests of your family.