How to File a No Contest Divorce in Washington State

An uncontested divorce in Washington State is one where both spouses agree on every issue before the case is filed, sign a joint petition, wait out the court’s mandatory 90-day period, and then submit a final decree for a judge to sign. It is the fastest and cheapest way to end a marriage in Washington, and for couples who have genuinely settled their affairs, the process is largely paperwork.

What Makes a Divorce Uncontested

Three things have to be true. First, at least one spouse has to be a Washington resident or a service member stationed here; a spouse married to someone who meets either criterion also qualifies. There’s no minimum length of residency. You just need to live in the state with the intent to remain when you file.¹

Second, the petition has to allege that the marriage is “irretrievably broken.” That’s the only ground Washington recognizes, and no one has to explain why the marriage failed.¹

Third, and this is what actually makes the case uncontested: both spouses have to agree on every term before anything is filed. That means property division, debt allocation, spousal maintenance, and, when there are children, custody, residential schedules, and child support. If a single issue is still open, the case becomes contested and may head to mediation or trial.

The Forms You Need to File

Washington uses mandatory statewide forms, available on the Washington Courts website. The core packet for an uncontested case:

Petition for Divorce (FL Divorce 201), which lays out the facts of the marriage, the grounds, and what you’re asking the court to order.²
Agreement to Join Petition (FL All Family 119), which the non-filing spouse signs to confirm they agree and to waive formal service. The form also lets them choose whether to receive notice of future hearings.³
Findings and Conclusions About a Marriage (FL Divorce 231), summarizing the court’s factual findings and legal conclusions.⁴
Final Divorce Order (FL Divorce 241), the decree itself, which contains the enforceable terms for property, support, and anything else the court orders.⁵

With children, you’ll also need a Parenting Plan (FL All Family 140) covering residential schedules and decision-making, plus Child Support Worksheets calculated under the Washington State Child Support Schedule.⁶ Many counties also require both parents to complete a parenting education seminar before a final parenting plan will be approved. Check the local rules for your county early; missing the class can stall your case right at the finish.

Before you draft anything, pull together your financial records: bank statements, retirement balances, real estate values, and debt statements. The decree has to describe who gets what, and the only way to do that cleanly is to have the numbers in front of you.

Filing, the Fee, and the 90-Day Clock

File with the Superior Court Clerk in the county where either spouse lives. The filing fee for a divorce petition is $364.⁷ If you can’t afford it, you can ask for a fee waiver by filing a motion and declaration showing your income is at or below 125% of the federal poverty guidelines, that you receive public benefits like TANF or SSI, or that basic living expenses leave you unable to pay.

Because your spouse signs the Agreement to Join Petition, there’s no process server or sheriff involved. The clerk assigns a case number, and the 90-day waiting period starts running from the day the petition is filed.¹ No judge can sign a final decree before those 90 days are up, no matter how complete your agreement is. The period cannot be waived or shortened.

Dividing Property, Debts, and Setting Maintenance

Washington is a community property state, but a judge isn’t required to split everything 50/50. The statute directs the court to divide property and debts in a way that is “just and equitable” after considering the length of the marriage, each spouse’s economic circumstances, and the nature of both community and separate property. The court can even reach separate property (what one spouse owned before the marriage or received as a gift or inheritance) when the circumstances justify it.⁸

In an uncontested case, you decide. The court will generally approve any arrangement that looks fair and doesn’t leave one spouse destitute. One spouse can keep the house while the other takes a larger share of retirement accounts; debts can follow whoever is better positioned to pay them. When children are involved, the court considers the value of letting the custodial parent stay in the family home for a reasonable period.⁸

Spousal maintenance works the same way. Washington has no maintenance formula. The statute lists factors a judge would weigh (the requesting spouse’s resources, time needed for education or training, the standard of living during the marriage, the length of the marriage, age and health, and the paying spouse’s ability to meet their own needs while also paying support), but in an uncontested divorce the spouses negotiate the number themselves.⁹ You can agree to no maintenance, a lump sum, or monthly payments for a set period. Once it’s in the decree, it’s a court order. Unless the decree says otherwise, maintenance ends automatically if the receiving spouse remarries or either party dies.¹⁰

Getting the Decree Signed

Once the 90 days are up, you present the Findings and Conclusions (FL Divorce 231) and the Final Divorce Order (FL Divorce 241) to a judge or court commissioner.⁴ These final documents should match everything in the petition and any attached plans.

How this last step happens depends on where you filed. Some counties require a short hearing where one spouse appears, confirms the details under oath, and answers a few standard questions. Others let you submit the papers through an ex parte department or a simplified mail-in process without appearing. When the judge signs, the marriage is legally dissolved, and every term in the decree becomes an enforceable court order.

Name Restoration and Tax-Free Property Transfers

Either spouse can ask to have a former name restored as part of the decree. There’s no separate name-change case. Include the request in your petition or final paperwork so the judge can address it when signing, and the court order itself becomes what you use to update your Social Security card, driver’s license, and other identification.

Federal law shields property transfers between spouses (or former spouses) from taxable gain or loss as long as the transfer is “incident to the divorce,” meaning it happens within one year of the divorce becoming final or is required by the agreement and occurs within six years.¹¹ The spouse receiving the property takes over the original tax basis, which matters later. A house transferred with a low basis can generate a significant capital gains bill when it eventually sells, even though the transfer at divorce was tax-free.

What You Can Change Later, and What You Can’t

Child support and spousal maintenance can be modified after the fact, but only if the person asking can show a substantial change in circumstances since the original order. Job loss, serious health events, and significant income swings are common examples. Voluntarily quitting a job or cutting your hours, by itself, does not qualify for child support purposes.¹⁰

Property division is essentially permanent. A court won’t reopen the split absent evidence of intentional fraud. And informal handshake deals between ex-spouses about support, custody, or visitation don’t override the decree. If something needs to change, file a formal petition. Until a judge signs a new order, the original terms remain in full effect.

1
Washington State Legislature. RCW 26.09.030 – Petition for Dissolution of Marriage or Domestic Partnership
2
Washington Courts. Petition for Divorce (Dissolution)
3
Washington Courts. FL All Family 119 Agreement to Join Petition
4
Washington State Courts. Court Forms – Dissolution (Divorce)
5
Washington Courts. Final Divorce Order
6
Washington Courts. Parenting Plan
7
Washington State Legislature. RCW 36.18.020 – Fees of Clerk of Superior Court
8
Washington State Legislature. RCW 26.09.080 – Disposition of Property and Liabilities
9
Washington State Legislature. RCW 26.09.090 – Maintenance Orders for Either Spouse or Either Domestic Partner
10
Washington State Legislature. RCW 26.09.170 – Modification of Decree
11
Office of the Law Revision Counsel. 26 USC 1041 – Transfers of Property Between Spouses or Incident to Divorce