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Washington Divorce Petition

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Introduction

The Petition for Dissolution of Marriage is the formal legal pleading a spouse files in Washington's Superior Court to open a case to end a marriage, and it is what most people know as a divorce petition. The action is called a dissolution of marriage, not a divorce, and it is brought by a Petitioner against a Respondent. Washington imposes no durational residency requirement. Under RCW 26.09.030, you may file the moment you are a Washington resident, a member of the armed forces stationed in the state, or married to such a service member. There is no minimum number of months to establish residency first. What you cannot shorten is the 90-day waiting period, which is mandatory and cannot be waived: a final decree cannot be entered until at least 90 days after the petition is filed and the Respondent has been served or has joined. Washington is also a pure no-fault jurisdiction, so the sole ground is that the marriage is irretrievably broken.

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Key Things to Know

  1. 1

    What It Is: In Washington a divorce petition goes by the name Petition for Dissolution of Marriage, the written request that formally starts your case. Filed by a Petitioner against a Respondent in Superior Court, it launches what the state calls a dissolution of marriage rather than a divorce.

  2. 2

    Residency: No durational residency requirement applies. RCW 26.09.030 lets you file as soon as you are a Washington resident, a member of the armed forces stationed in Washington, or married to such a member at the time of filing. There is no clock to run out before you can start.

  3. 3

    Waiting Period: The 90-day period is mandatory and cannot be waived. Under RCW 26.09.030 a final decree cannot be entered until at least 90 days after the petition is filed and the Respondent has been served or has joined the petition.

  4. 4

    Grounds: Washington is a pure no-fault state. The only ground is that the marriage is irretrievably broken (RCW 26.09.030). Fault such as adultery or cruelty is not recognized and does not affect filing or the outcome.

  5. 5

    Property: Washington is a community property state. Assets are divided under RCW 26.09.080 as a just and equitable distribution, with community versus separate property defined by RCW 26.16.

  6. 6

    Forms and Court: File the Petition for Dissolution of Marriage (Form FL Divorce 201) together with the Summons: Notice About a Marriage or Domestic Partnership (Form FL Divorce 200) in the Superior Court of the county where either spouse resides. Washington routes dissolutions through Superior Court, not a separate divorce court.

  7. 7

    Fee: The base statewide filing fee is $314, though it varies by county, with some counties charging around $200. Washington also requires no period of living separate and apart before you file.

Key decisions before you file

Before you file a Divorce Petition in Washington, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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Filing a Divorce Petition in Washington

In Washington, the legal action many people call divorce is technically a dissolution of marriage, and it begins with a Petition for Dissolution of Marriage. The spouse who files is the Petitioner, and the other spouse is the Respondent. Unlike many states, Washington attaches no durational residency requirement to that first filing. RCW 26.09.030 permits filing whenever the Petitioner is a Washington resident, a member of the armed forces stationed in the state, or married to such a service member at the time of filing. You do not wait to accumulate months of residency before the petition is accepted.

The Grounds and the 90-Day Clock

Washington is a pure no-fault jurisdiction. There is exactly one ground, stated in RCW 26.09.030, that the marriage is irretrievably broken. Neither spouse pleads or proves adultery, abandonment, or cruelty, and fault has no bearing on whether the petition succeeds. What the statute does impose is time. A final decree cannot be entered until at least 90 days after the petition is filed and the Respondent has been served or has joined the petition. This 90-day waiting period cannot be waived, shortened, or bargained away, even when both spouses agree on every term. Washington also does not require the parties to live separate and apart before filing, so you may file while still sharing a home.

Where and What You File

A dissolution is filed in the Superior Court of the county where either spouse resides. Two core forms open the case: the Petition for Dissolution of Marriage (Form FL Divorce 201) and the Summons: Notice About a Marriage or Domestic Partnership (Form FL Divorce 200), which formally notifies the Respondent that the action has begun. The base filing fee is $314 statewide, but it varies by county, and some counties charge closer to $200, so confirm the amount with the specific Superior Court clerk before you file.

How Property Is Divided

Washington is a community property state, which shapes the entire financial side of a dissolution. Under RCW 26.09.080 the court divides all property, both community and separate, in a manner that is just and equitable, meaning fair rather than mechanically equal. The definitions that drive this analysis, distinguishing community property acquired during the marriage from each spouse's separate property, come from RCW 26.16. Careful characterization of each asset often matters more than the fifty-fifty split people expect.

Getting Started

A well-prepared petition sets out residency, the irretrievable-breakdown ground, and any requests regarding property, children, and support so the case moves cleanly through the mandatory 90-day window. To begin assembling the paperwork for your Washington dissolution, use our guided Divorce Petition builder at (/legal-document/divorce-petition), which walks you through Form FL Divorce 201 and its companion Summons, Form FL Divorce 200, and helps you file in the correct Superior Court for your county.

Washington Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: No durational residency requirement; RCW 26.09.030 allows filing if the petitioner is a resident of Washington, a member of the armed forces stationed in the state, or married to such....

Residency (County)

Must file in the correct county Superior Court of the.

Grounds for Divorce

Must properly plead grounds: Pure no-fault. The sole ground is that 'the marriage is irretrievably broken' (RCW 26.09.030); Washington does not recognize fault grounds..

Waiting Period

Mandatory waiting period: 90 days , a final decree cannot be entered until at least 90 days after the petition is filed AND....

Required Forms

Must file correct state forms: Petition for Dissolution of Marriage (Form FL Divorce 201) and Summons: Notice About a Marriage....

Property Division

Property is divided according to: Community property state; assets divided under RCW 26.09.080 (just and equitable distribution), with community/separate property... laws.

Filing Fee

Filing fee is typically $314 base statewide fee, but varies by county (some counties... unless waived.

Service of Process

The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

In Washington, a divorce petition is the formal court document that starts your case, officially titled the Petition for Dissolution of Marriage (Form FL Divorce 201). The spouse who files is the Petitioner, the other spouse is the Respondent, and the petition is filed in Superior Court. It sets out residency, the ground for ending the marriage, and any requests regarding property, children, and support.

They are two parts of the same process. In Washington, dissolution of marriage is the legal name for what most people call divorce, and the divorce petition, formally the Petition for Dissolution of Marriage, is the specific document that opens that dissolution case. In short, the dissolution is the case, and the petition is the pleading you file to begin it.

There is no durational residency requirement in Washington. RCW 26.09.030 allows filing if the Petitioner is a resident of Washington, a member of the armed forces stationed in the state, or married to such a member at the time of filing. You do not need to wait out a set number of months first.

Washington is pure no-fault. The sole ground is that the marriage is irretrievably broken (RCW 26.09.030). Washington does not recognize fault grounds such as adultery or cruelty, so they do not affect whether the petition is granted.

No. In Washington, parties are not required to live separate and apart before filing. You can file for dissolution while still sharing a home.

Washington has a mandatory 90-day waiting period. Under RCW 26.09.030, a final decree cannot be entered until at least 90 days after the petition is filed and the Respondent has been served or has joined the petition. This period cannot be waived, even when both spouses agree on everything.

The base statewide filing fee is $314, but it varies by county, with some counties charging around $200. Confirm the exact amount with the Superior Court clerk where you file, and low-income filers can request a fee waiver.

Washington is a community property state. Under RCW 26.09.080 the court divides all property, both community and separate, in a way that is just and equitable, meaning fair rather than automatically equal. Community and separate property are defined in RCW 26.16, so how each asset is characterized often matters as much as the final split.