How to Get an Easy Divorce in Washington State

The easiest path to divorce in Washington State is an uncontested filing: you and your spouse agree in writing on every issue before you file, submit the paperwork together, wait 90 days, and a judge signs your decree without either of you setting foot in a courtroom. Washington’s no-fault rules mean no one has to prove wrongdoing, and there is no residency waiting period before you can file. The work that makes it easy happens at the kitchen table, not the courthouse.

What You and Your Spouse Have to Agree On

“Uncontested” is a specific status. It means nothing is in dispute when the court receives your papers. That covers how you divide property, how you divide debts, whether either spouse pays maintenance, and every detail of custody and child support if you have minor children. If any one of those is unresolved, your case is contested and the court gets involved in deciding it.

The upside of settling everything first is large. A contested case can mean discovery, hearings, mediation, and trial. An uncontested case is mostly a paperwork exercise. So before you file anything, make a complete list of what you own and owe, decide who gets what, and write it down in terms specific enough that a stranger reading them would know exactly who takes which account, which vehicle, and which debt.

Washington is a community property state, but a court is not required to split everything 50/50. Property acquired during the marriage is generally community; property owned before the marriage or received as a gift or inheritance is generally separate. Both categories can be divided. In an uncontested divorce the court will generally approve whatever you and your spouse signed voluntarily, so long as it does not look wildly unfair.¹ One spouse keeping the house while the other keeps retirement savings of similar value is a common trade.

Spousal maintenance is not automatic. You can agree to any amount for any duration, or waive it. If both spouses earn comparable incomes, waiving it keeps things simple. Be deliberate about that choice: a maintenance waiver written into your decree is generally permanent, unlike child support, which can be modified later.²

If you have minor children, you also need a parenting plan and a child support worksheet. The parenting plan must set out specific residential schedules, holiday and school-break arrangements, and which parent decides on education, healthcare, and religious upbringing. Vague language like “we’ll figure it out” gets rejected. Child support is calculated using the Washington State Child Support Schedule, a formula based on both parents’ combined income and the number of children.³ In an uncontested case the calculated number is almost always what the judge approves.⁴

Who Can File and On What Grounds

You can file in Washington if you live in the state, if you are a member of the armed forces stationed here, or if you are married to someone who lives in or is stationed in the state.⁵ There is no minimum length of residency. If you moved here last month, you can file today.

The only ground for divorce is that the marriage is “irretrievably broken.” You state that in the petition and the court accepts it. Your spouse cannot block the divorce by disagreeing, and no one has to describe why the marriage ended.⁵

The Paperwork That Keeps It Simple

Every uncontested case starts with the Petition for Divorce, form FL Divorce 201, available free on the Washington Courts website.⁶ It covers when and where you married, whether you have children, and what you are asking the court to do.

The single most useful form for an easy divorce is the Agreement to Join Petition, form FL All Family 119, often called a Joinder. When your spouse signs it, you skip formal service of process entirely.⁶ If your spouse will not sign, you have to arrange personal service by a third party or use another method the court allows, and that is usually where an otherwise easy case bogs down, especially if your spouse is hard to locate.

Beyond the petition and joinder, you typically need:

A proposed parenting plan, if there are minor children.
A child support worksheet, if there are minor children.
A proposed final divorce order, reflecting every term you agreed on, covering property, debts, maintenance, and children.

Accuracy here is what separates a case that sails through from one the court kicks back. An incomplete property list or a parenting plan that contradicts the child support worksheet will cause delays.

Filing, Fees, and the 90-Day Clock

You file at the Superior Court Clerk’s office in your county. Washington’s base civil filing fee is $200 by statute, but surcharges push the total higher.⁷ As of mid-2025, the total for a divorce petition is approximately $364, with slight variation. If you cannot afford it, you can request a fee waiver by showing financial hardship, such as receiving public assistance or earning below a set threshold.

Once your petition is filed and your spouse has either been served or signed the Joinder, a mandatory 90-day waiting period begins. No judge can sign your final order before those 90 days have passed.⁵ The clock starts from the later of the filing date or the date of service. In a cooperative case where your spouse signs the Joinder the day you file, the clock runs from filing.

There is no way to shorten the 90 days. Washington does not grant emergency or expedited divorces. Use the time to confirm your agreement still reflects what you want and to prepare for the financial separation.

Finalizing Without Appearing in Court

In most Washington counties an uncontested divorce finalizes entirely on paper. After the 90-day period expires, you submit your proposed final order with any supporting declarations. A judge or court commissioner reviews the file, confirms it meets legal requirements, and signs the decree.

The decree is final the moment it is entered.⁸ If the judge spots a problem, the court will usually return the paperwork with a note on what to fix rather than schedule a hearing.

Two Places DIY Divorces Go Wrong

The first is retirement accounts. If your agreement awards part of one spouse’s 401(k), pension, or similar employer-sponsored plan to the other, you need a separate court order called a Qualified Domestic Relations Order (QDRO) to actually divide the account. The decree alone is not enough. Without a QDRO, the plan administrator has no authority to split the funds, and the receiving spouse may never collect what the agreement promised. For Washington state government pensions, the Department of Retirement Systems uses a property division order instead of a QDRO, but the principle is identical: a separate, plan-specific order is required.⁹ These orders are technical, often needing language tailored to the specific plan, and this is the one place in an otherwise simple divorce where paying a professional usually pays for itself.

The second is tax timing. Your filing status for the year depends on whether you are still married on December 31. If your decree is signed any time before year-end, you file as single, or head of household if you qualify, for the entire year. If it is not final until January, you were still married for the prior tax year and file jointly or married filing separately.¹⁰ File your petition in October and the 90 days push you past January 1, which may not be what you want.

Name Change, Insurance, and Beneficiaries

If you want to return to a prior name, request it in the divorce. The court must grant the request when asked, your spouse has no say, and there is no additional filing fee.⁸ The change goes directly into your final decree, which then serves as legal proof for your driver’s license, Social Security card, and bank records. Handling it later requires a separate name-change proceeding with its own forms and fees.

If you were covered under your spouse’s employer health plan, divorce is a qualifying life event. You typically have 60 days from the date you lose coverage to enroll in a marketplace plan or elect COBRA continuation. Miss the window and you may be uninsured until the next open enrollment.

Update your beneficiary designations on life insurance, retirement accounts, and bank accounts right away. The decree does not automatically remove your former spouse. If you die before updating those designations, the proceeds can still go to your ex regardless of what the agreement said.

If You Are Not Sure You Want a Divorce

Washington also offers legal separation, which resolves the same property, support, and custody issues but leaves the marriage legally intact. The process and the 90-day timeline are the same; the practical difference is that neither spouse is free to remarry. Some couples choose it for religious reasons, to preserve eligibility under an employer health plan, or because they are not ready to end the marriage permanently. If you later decide you want a full divorce, either spouse can ask the court to convert the decree.⁸

1
Washington State Legislature. RCW 26.09.080 – Disposition of Property and Liabilities
2
Washington State Legislature. RCW 26.09.090 – Maintenance Orders for Either Spouse or Either Domestic Partner
3
Washington State Courts. Washington State Child Support Schedule
4
Washington State Courts. Court Forms – WSCSS Schedule and Worksheets
5
Washington State Legislature. RCW 26.09.030 – Petition for Dissolution of Marriage or Domestic Partnership
6
Washington State Courts. Court Forms – Divorce (Dissolution)
7
Washington State Legislature. RCW 36.18.020 – Fees for Superior Court Clerk Services
8
Washington State Legislature. RCW 26.09.150 – Decree of Dissolution, Legal Separation, or Declaration of Invalidity
9
Washington Department of Retirement Systems. Marriage or Divorce
10
Internal Revenue Service. Filing Status