No, but the general rule is that your spouse must have lived with you in Washington State before departing for Washington State courts to be able to order a property division or spousal support. Does my spouse have to reside in Washington State before filing a divorce here? Do I have to reside in Washington State before filing for a divorce here?ĩ. Only one party needs to be a resident of Washington State or a member of the armed forces stationed in the state.Ĩ. Do both spouses have to live in Washington State to file for divorce here? “Dissolution” is the legal term used for a divorce in Washington State.ħ. Washington State does not require the spouses to be separated, or live separate and apart, before filing for divorce. Do spouses have to be separated before a divorce can be filed? Both a legal separation and divorce require the preparation of a parenting plan and child support orders (if minor children are involved), spousal support if applicable, and property/debt division.ĥ. Otherwise, the legal process and applicable laws are the same.Some employment health insurance plans allow a legally separated non-employee spouse to stay on the employee spouse’s plan.As a result, a legal separation preserves a spouse’s right to certain social security benefits that require 10 years of marriage.Social security benefits do not change with a decree of legal separation as in a divorce. The marriage is not legally ended so neither spouse can legally remarry unless the decree is converted to a divorce.In Washington State, a legal separation differs from a divorce as follows: What is a legal separation in Washington State? Can I get a divorce even if my spouse does not agree to one?Ĥ. At least 90 days have passed since the Petition for Dissolution and Summons are filed and served or a signed “joinder” is filed.ģ.The Petition for Dissolution and Summons are filed.You or your spouse state the marriage is irretrievably broken.You or your spouse reside in Washington State.When can I get a divorce in Washington State?Ī divorce may be granted under the following conditions: Stating the marriage is “irretrievably broken” as the reason is enough.Ģ. That means a spouse does not have to prove the other spouse did anything wrong to get a divorce. What are the grounds for divorce in Washington State? FAQs 50 Frequently Asked Questions about Divorce in Washington Stateġ.

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