Getting Divorced
RCW 26.09.030 — irretrievably broken, and ninety days after filing and service
In Washington, a party who is a resident, or a member of the armed forces stationed in the state, or married to one, may petition for dissolution by alleging that the marriage is irretrievably broken. The court proceeds once ninety days have passed since the petition was filed and the respondent was served.
| If the other spouse | The court |
|---|---|
| If the other spouseJoins in the petition or does not deny the marriage is irretrievably broken | The courtEnters a decree of dissolution |
| If the other spouseDenies it | The courtConsiders the circumstances and prospects for reconciliation, and either finds it irretrievably broken or refers the parties to counseling or continues the case for not more than sixty days |
The court divides the community and separate property and debts as appears just and equitable, without regard to misconduct, considering the nature and extent of each kind of property, the length of the marriage, and each spouse's economic circumstances, including whether to award the family home to the spouse with whom the children mostly live.
Sources for this section (2)
- RCW 26.09.030 — Petition for dissolution of marriage
- RCW 26.09.080 — Disposition of property and liabilities
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.