Divorce by state · Washington

Uncontested divorce in Washington (2026)

Washington is a true no-fault state, so the only ground for divorce is that the marriage is irretrievably broken.

Washington quick facts

Filing court
Superior Court
Residency
Either spouse is a Washington resident (or a member of the armed forces stationed here); no fixed waiting-out period
Waiting period
90 days
Grounds
No-fault: the marriage is irretrievably broken
Court filing fee
$314
Fee waiver
Available

Verified against courts.wa.gov on Jul 19, 2026

Washington is a true no-fault state, so the only ground for divorce is that the marriage is irretrievably broken. There is no separation requirement and no minimum time you must have lived here before filing; being a resident when you file is enough. What Washington does have is a firm 90-day clock.

That 90 days runs from the later of the day you file the petition and the day your spouse is served, and a judge cannot sign your final order until it passes. For a couple who agrees, the rest is largely paperwork filed in the superior court for your county: the petition and summons to open the case, then the findings and final divorce order to close it. Because Washington is a community-property state, your final order has to divide what you acquired during the marriage, which in an uncontested case means writing down the split you both accept.

County note. Washington's superior courts are county-run and many use local cover sheets and confirmation-of-issues forms on top of the statewide packet. King and Pierce counties, for instance, have their own scheduling and filing steps, so check your county clerk before you file.

Washington questions people actually ask

Is there a separation requirement in Washington?
No. Unlike some states, Washington does not require you to live apart for any set time before filing. You can file as soon as you decide, though the 90-day period still has to pass before the divorce is final.
When does the 90 days start?
From the later of two dates: when you file the petition and when your spouse is served or joins the case. If service lags a few weeks after filing, the clock effectively starts at service.
Do we have to go to a hearing?
Often not. Many Washington counties let fully agreed cases finalize by written motion or a brief video hearing once the 90 days pass and all final paperwork is signed.

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