Divorce is rarely a single decision. It is usually a long series of smaller ones, made while you are exhausted and grieving something. A good divorce attorney does two things: protects your position on the issues that will still matter in five years, and keeps you from making expensive decisions out of anger or fear.
Washington calls it "dissolution of marriage," and the process is more structured than most people expect. Knowing the sequence — and which parts are genuinely negotiable — takes a surprising amount of the fear out of it.
We handle straightforward uncontested dissolutions as well as complex, heavily contested cases involving businesses, retirement accounts, and disputed parenting plans, all in Spokane County Superior Court.
What do you need to file for divorce in Washington?
- Grounds: only that the marriage is irretrievably broken — no proof of fault is needed or allowed
- Residency: you or your spouse must be a Washington resident (or stationed here in the armed forces) when the petition is filed — with no minimum length of residency, unlike most states
- Venue: Superior Court in the county where either spouse lives
- Waiting period: at least ninety days must pass from both filing and service before a decree can be entered, and this cannot be waived
One consequence of no-fault law surprises people: your spouse cannot block the divorce. If one person says the marriage is irretrievably broken, the court will eventually dissolve it.
What are the steps in a Washington divorce?
The case begins when a petition and summons are filed and served. Early on, either spouse can ask for temporary orders — who lives in the house, who pays which bills, a temporary residential schedule for the children, and temporary support. These orders govern the months while the case is pending, and they matter more than people expect, because the status quo they establish is often hard to change later.
Both sides then exchange financial disclosure: income, accounts, debts, retirement, property values. Complete and honest disclosure is mandatory, and hiding assets is one of the few things that reliably produces sanctions and attorney fee awards against the person who did it.
Most Spokane County cases then go to mediation or a settlement conference. This is where the overwhelming majority of divorces resolve. If they do not, the case is set for trial and a judge decides the remaining issues.
| Stage | Uncontested | Contested |
|---|---|---|
| Petition filed and served | Day 1 | Day 1 |
| Temporary orders | Often not needed | Weeks 2-8, and they shape the months that follow |
| Financial disclosure | Weeks 2-6 | Months 1-6, sometimes with formal discovery |
| Mediation or settlement conference | Often skipped or brief | Usually required before trial |
| Statutory minimum before a decree | 90 days from filing and service | 90 days from filing and service |
| Typical finalization | Shortly after the 90-day mark | Commonly 6-18 months |
The 90-day period cannot be waived, so no Washington divorce finishes faster than three months. Beyond that, timing is driven almost entirely by how much the spouses disagree.
How is property divided in a Washington divorce?
Washington is a community property state — property and income acquired during the marriage is presumed to belong to both spouses. But the court has authority to divide all property, community and separate, in whatever way is "just and equitable" under RCW 26.09.080, considering four factors:
- The nature and extent of the community property
- The nature and extent of the separate property
- The duration of the marriage
- The economic circumstances of each spouse when the division takes effect — including whether the family home should go to the parent the children live with most of the time
| Generally community property | Generally separate property | Frequently disputed |
|---|---|---|
| Income earned by either spouse during the marriage | Property owned before the marriage | A pre-marriage home paid down with marital income |
| A home bought during the marriage | An inheritance received by one spouse | An inheritance deposited into a joint account |
| Retirement contributions made during the marriage | A gift to one spouse alone | A business started before but grown during the marriage |
| Debts incurred during the marriage | Property acquired after separation | Retirement with both pre- and post-marriage contributions |
The court can divide separate property as well as community property. The spouse claiming an asset is separate carries the burden of tracing it, which is a documentation exercise.
So "community property" does not mean an automatic 50/50 division. Long marriages tend toward more equal splits; short marriages more often leave each person with what they brought. Debts incurred during the marriage are generally treated as community obligations too, even if only one name is on the account.
Which assets cause the most disputes in a divorce?
The house
Usually the largest asset and the most emotional. The realistic options are selling and dividing the proceeds, or one spouse buying the other out — which normally requires refinancing to remove the departing spouse from the mortgage. Wanting to keep the house is not the same as being able to afford it alone, and that is worth confronting early.
Retirement accounts and pensions
The portion earned during the marriage is generally community property, even though only one spouse's name is on it. Dividing them usually requires a separate court order, and doing it incorrectly can trigger taxes and penalties that were entirely avoidable.
A business
Closely held businesses require valuation, and often an expert. Whether the business is community or separate — and how much of its growth during the marriage is community — is frequently the single largest dispute in the case.
Separate property that got mixed together
An inheritance or a pre-marriage home can lose its separate character when it is commingled with community funds or retitled. Tracing it back takes documentation, and the burden falls on the spouse claiming it is separate.
What is the difference between divorce and legal separation?
Legal separation uses the same process, the same ninety-day period, and the same rules for property, support, and parenting plans — but it does not end the marriage. People choose it for religious reasons, to preserve certain benefits, or because they are not ready to make the decision final. A legal separation can later be converted to a dissolution.
| Question | Divorce (dissolution) | Legal separation |
|---|---|---|
| Ends the marriage | Yes | No |
| 90-day waiting period | Yes | Yes |
| Divides property and debt | Yes | Yes |
| Sets a parenting plan and support | Yes | Yes |
| Free to remarry | Yes | No |
| Can be converted later | Not applicable | Yes — can be converted to a dissolution |
What should I do first if I am getting divorced?
- Gather financial documents now — tax returns, pay stubs, account statements, retirement statements, and debt balances
- Do not empty accounts, hide assets, or make large purchases; it will be discovered and it will hurt you
- Be careful with text messages and social media, which routinely become exhibits
- Do not move out of the house before getting advice, especially where children are involved
- Update passwords, but do not access your spouse's private accounts
- Keep the conflict away from your children, no matter what the other parent is doing
Frequently asked questions
How much does a divorce cost in Washington?
The court filing fee is a few hundred dollars, and beyond that cost is driven almost entirely by conflict. An agreed dissolution is comparatively inexpensive; a contested case with experts, depositions and trial can cost many times more. The single biggest cost lever is whether you and your spouse can agree.
How long does a divorce take in Washington State?
Ninety days minimum from filing and service. Agreed cases often finalize close to that mark, while contested cases commonly take six to eighteen months depending on the issues and the court's calendar.
Can my spouse refuse to sign and stop the divorce?
No. Washington is a pure no-fault state, and a divorce can proceed over one spouse's objection. Refusing to participate mostly delays things — and can result in the court entering orders by default.
What happens to the house in a Washington divorce?
It is divided as part of the just and equitable distribution. Common outcomes are a sale with proceeds split, or one spouse buying out the other and refinancing. Courts may also consider awarding the home to the parent the children live with most of the time.
Do I have to go to court?
Often not for a hearing on the merits. Most divorces resolve through negotiation or mediation, and agreed final orders can frequently be entered without a contested hearing. You would appear in court for contested temporary orders or trial.
Should I move out of the house?
Talk to an attorney before you do. Moving out does not forfeit your interest in the property, but it can affect temporary orders and the residential schedule that becomes the default while the case is pending.
Ready to talk through your situation?
Reach a Schwab Law attorney in Spokane today.