If you are considering divorce in Washington State, understanding the process can help you feel more prepared. This guide walks through each step of filing, what it costs, and how long it takes.
Washington Is a No-Fault State
Washington only allows no-fault divorce. The only legal ground is that the marriage is “irretrievably broken.” You do not need to prove wrongdoing by either spouse.
This means:
- Either spouse can file without proving fault
- The other spouse cannot stop the divorce by refusing
- Adultery or misconduct does not affect whether the court grants the divorce
Who Can File
You can file in Washington as long as at least one spouse is a resident of the state at the time of filing. There is no minimum number of days or months you must have lived here first.
For Cowlitz County residents, you file at the Cowlitz County Superior Court in Kelso.
Step-by-Step Filing Process
Step 1: Complete the Required Forms
All forms are free at courts.wa.gov/forms. You will need:
- Summons (FL Divorce 200)
- Petition for Dissolution (FL Divorce 201)
- Confidential Information Form (FL All Family 001)
- Case Cover Sheet
If you have children, you will also need a Proposed Parenting Plan and Child Support Worksheets.
Step 2: File with the Court
Take your completed forms to the Superior Court Clerk. Filing fees are approximately $314, depending on the county. Fee waivers are available for qualifying households.
Step 3: Serve Your Spouse
Your spouse must receive formal notice of the filing. Options include:
- Personal service by a process server ($50–$100)
- Acceptance of service (your spouse signs a form)
- Service by publication (last resort, with court approval)
You cannot serve the papers yourself.
Step 4: Wait for a Response
Your spouse has 20 days to respond (60 days if served out of state or incarcerated). If they do not respond, you may request a default judgment.
Step 5: Complete the 90-Day Waiting Period
Washington requires a mandatory 90-day waiting period from the date the petition is filed and served. This cannot be waived.
Step 6: Resolve Key Issues
You and your spouse will need to address:
- Property and debt division (Washington is a community property state)
- Parenting plan (if you have children)
- Child support
- Spousal maintenance
These can be resolved by agreement, mediation, or trial.
Step 7: Finalize the Divorce
Once the waiting period has passed and all issues are resolved, the final documents are submitted to the court. In uncontested cases, many courts do not require a hearing. The divorce is final when the judge signs the decree.
How Long Does It Take?
| Type | Timeline | Cost Range |
|---|---|---|
| Uncontested, no attorney | 90–120 days | $300–$500 |
| Uncontested, with attorney | 90–150 days | $700–$6,000 |
| Contested, settled before trial | 6–9 months | $10,000–$20,000 |
| Contested, goes to trial | 9–18 months | $15,000–$30,000+ |
Do You Need a Lawyer?
You are not required to have an attorney for an uncontested divorce. However, working with a family law attorney is strongly advisable if:
✔ You disagree on custody, property, or support
✔ There is a history of domestic violence
✔ One or both spouses own a business
✔ Your spouse has hired an attorney
✔ You are unsure about your rights regarding property or retirement accounts
Common Questions
Can I file if we still live together?
Yes. There is no requirement to be living separately.
Can I change my name during the divorce?
Yes. You can request a name restoration in your petition at no additional cost.
What if there are safety concerns?
You may request a protection order. Domestic violence history can affect the parenting plan and result in restrictions on the other parent.
Need Guidance?
If you have questions about filing for divorce in Cowlitz County or anywhere in Washington, our team can help you understand your options and take the right steps for your situation.
This article is for general informational purposes only and does not constitute legal advice. Every situation is different. Reading this article does not create an attorney-client relationship with Cowlitz Law Group PLLC.