by 
When we end a marriage, most of us use the term ‘divorce.’ While this word is more widely known, many jurisdictions use something different. (North Carolina, for example, calls it ‘absolute divorce.’) In Washington State, the family law system uses “dissolution of marriage.” This distinction is purely semantic: whether you say you’re getting divorced or seeking a dissolution, you’re talking about the same thing. The paperwork will read “dissolution,” but that doesn’t change what’s happening or how the court will handle your case.
Like everywhere else, Washington State has specific laws governing how marriages end. These rules affect everything from how long you’ll have to wait for finalization to how property gets divided. In this guide, we’ll explain how Washington’s dissolution of marriage works, the requirements, and how a divorce lawyer at ZafiroLaw can help you.
Grounds for Dissolution of Marriage in Washington
Before 1973, people could only get divorced in Washington State if they could prove that serious issues existed within the marriage, such as:
- A marriage based on fraudulent circumstances
- Adultery
- Drunkenness
- Abandonment lasting one year
- Mental incapacity
- Cruel treatment
- Neglect
- Impotence
- Imprisonment
- Living apart for five years
- Insanity for two years
Today, Washington operates as a “no-fault” divorce state, which means you don’t need to prove wrongdoing to end your marriage. The only legal ground for dissolution is that the marriage is “irretrievably broken.” You won’t need to provide evidence of adultery, abuse, or other marital misconduct to qualify for dissolution: one spouse’s statement that the marriage is irretrievably broken is enough to move forward. This approach reduces conflict and allows couples to end their marriages without airing private grievances in court.
Washington’s no-fault system stands in contrast to states like Mississippi, which still require fault if both spouses can’t agree to no-fault divorce. Washington eliminated these requirements to make dissolution more accessible and less contentious. While misconduct may still be relevant to parenting-plan decisions when domestic violence or child safety is a factor, it does not affect whether the court will grant the dissolution itself or how property is divided.
What Steps are Involved in a Washington Dissolution of Marriage?
The dissolution process in Washington begins when one spouse files a Petition for Dissolution of Marriage with the county Superior Court (in the county where either spouse resides). This petition includes basic information about the marriage, any children, and what the filing spouse is asking regarding property, debts, custody, and support. The person who files is the petitioner; the other spouse is the respondent.
After the Petition for Dissolution of Marriage is filed and the filing fee paid, the respondent must receive proper legal notice. This is usually done by either:
- Having them served by an adult over 18 who’s not involved in the case OR;
- Getting your spouse to sign an “Service Accepted” form acknowledging receipt.
If your spouse can’t be located, a Washington court may allow service by publication in a newspaper. Once served, the respondent typically has 20 days (if served in-state) or 60 days (if served out-of-state) to file a response to the Petition for Dissolution.
Washington law requires a mandatory 90-day waiting period once the Petition for Dissolution is filed and service is made (or first publication) before the court may enter a decree of dissolution. During this time, the spouses may work on resolving issues like property division, spousal support, and final parenting plans and child support if they have children. If both spouses agree on all terms, they can submit a marital settlement agreement; the family court judge will review it and, if fair and complete, sign the decree of dissolution, which officially ends the marriage. If they can’t agree, the case proceeds to trial or other court proceedings.
How Long Does It Take to Get a Washington Dissolution of Marriage?
Washington’s 90-day waiting period is the minimum time frame for any dissolution, but most cases take longer to finalize. Exactly how long will depend on how amicable the separation is and whether the divorce is contested or uncontested:
- Uncontested Cases: When both spouses agree on all terms, dissolution usually takes three to six months from start to finish. These cases move faster because you’re not spending time in court hearings or settlement negotiations. However, you’ll still need to complete all required paperwork and wait for the judge to review and sign the final divorce order.
- Contested Cases: When spouses disagree on major issues, dissolutions can take a year or more to resolve. Cases involving disputes over child custody, substantial assets and liabilities, or spousal maintenance require more court involvement and time. You might attend multiple hearings, participate in mediation sessions, and gather financial documentation before reaching trial and a final court order.
Note: Washington law does not require you or your spouse to live in the state for 90 days before you can do a court filing. Instead, one spouse must be a Washington resident (or stationed in the state with the military) when the Petition for Dissolution of Marriage is filed. The 90-day period applies only to the waiting time before finalization, not residency. Do You Need to Hire a Lawyer for a Dissolution in Washington?
Washington law doesn’t require you to hire a family law divorce attorney for a dissolution. You can represent yourself and file all the paperwork on your own if you choose. However, hiring a lawyer becomes increasingly valuable as your situation grows more complicated.
If you have minor children, own property together, run a business, or disagree strongly on your divorce terms, a Seattle family law attorney can protect your interests and help you avoid mistakes that could cost you later. Even small errors in paperwork can delay your case or create problems down the road.
An attorney also provides objective guidance during an emotional time. They can negotiate on your behalf, identify issues you might not have considered, and help ensure your settlement agreement is fair. While legal fees are a consideration, the cost of mistakes in property division or custody arrangements can far exceed what you’d pay for professional representation.
How ZafiroLaw Can Guide You Through Your Dissolution
When you’re ending your marriage, you’re going to have questions that need clear and honest answers. At Zafiro Law, we’ve helped clients in King County and Snohomish County through dissolutions for nearly two decades. Our firm concentrates exclusively on family law and immigration law, bringing direct experience to your case.
- Personalized Attention: Our boutique firm size allows us to give your case individual attention. You won’t get lost among hundreds of other clients or handed off to junior associates. Attorney Katrina Zafiro and our team work directly with you to develop a strategy that fits your situation.
- Clear Communication: We explain the dissolution process in straightforward language, so you know what to expect and what your legal rights and obligations are. If you have questions or concerns, we’re here to address them with you.
- Strong Representation: No matter what your situation is, we’ll always advocate for your interests. Your Washington family lawyer will attempt to resolve issues or disputes through negotiation when possible, but we’re prepared to litigate when necessary. Our goal is to help you achieve a fair outcome while minimizing conflict.
- Immigration Considerations: If you or your spouse have immigration concerns tied to your marriage status, we can address both family law and immigration issues under one roof. Our dual concentration means we spot potential immigration complications early. This integrated approach saves you from coordinating between multiple attorneys.
Speak to a Washington Family Law Attorney Today
Even the most amicable dissolution is going to be stressful, and there are always going to be legal questions, especially if you have children or a sizable marital estate. ZafiroLaw offers consultations where we listen to your situation and explain how we can help. If you’re ready to take the next action, reach out to our Seattle office. We’re here to support you through this transition with honesty, integrity, and dedicated legal representation. To get started, call our family law firm today or schedule a consultation online.
