Surprising Facts About Divorce in Washington State

You'll Be Amazed by What You Didn't Know About Divorce in the Evergreen State

When it comes to divorce in Washington State, there are some facts that might genuinely surprise you. Whether you're considering divorce or just curious about family law, these insights will change how you think about the process.

Washington Doesn't Care About Who Did What

Think infidelity matters in your divorce case? Think again. Washington is a no-fault state. This means marital misconduct (i.e., adultery, verbal abuse, etc.) is not needed to obtain a divorce, and, with limited exception, is not considered a factor in determining property division, spousal support, or child support. You could literally tell the judge about your spouse's affair, and they'll basically tell you it doesn't matter for dividing property or determining custody.

You Can Get "Divorced" Without Actually Getting Divorced

Here's something that blows people's minds: You can essentially get divorced in Washington almost immediately, without having to wait for the 90-day cooling-off period. That is if you call your divorce a "legal separation". A legal separation gives you almost all the same benefits as a divorce - property division, parenting plans, spousal support - but you're technically still married. Many couples use this as a stepping stone or for religious reasons.

Your Pet is Just Property (Sorry, Fluffy)

We love our furry family members, but Washington courts see them differently. A judge will usually treat pets as property rather than perform a custody analysis. This means your beloved dog gets divided up like your furniture, not like your children. It seems harsh, but that's the reality of current law.

Playing Hide and Seek is Actually Legal

If someone's trying to serve you divorce papers, you're allowed to avoid them. Evading Service of Process isn't against any rules or laws. In other words, if someone is trying to serve divorce papers upon the other spouse, it's okay for the spouse who's being served to try to hide, run away, or otherwise avoid being served with the divorce documents. Of course, you'll probably get served eventually, and it won't look great to the judge.

The 91-Day Rule is Set in Stone

Even if you and your spouse agree on absolutely everything - who gets what, where the kids live, how much support gets paid - you still have to wait. The fastest a person can get divorced in Washington is 91 days. That's true even if the parties agree to get divorced and agree on all the aspects of the divorce. Washington wants to make sure you're really, truly ready to end your marriage.

Income That Doesn't Exist Can Still Count

Perhaps the most surprising fact: Washington courts can decide you make money even when you don't. Washington allows judges to impute a party who is voluntarily unemployed or underemployed. This is for purposes of child support calculations, and sometimes for purposes of maintenance calculations and property division. Quit your job to avoid paying support? The court will calculate support as if you still had that job.

Who Has the Kids During Separation Usually Wins

If you're thinking about separating, pay attention to this: If the parties informally separate before receiving a court-ordered parenting plan, whoever had the children most during the informal separation will almost certainly win custody. Moving out to be "the bigger person" could seriously impact your custody rights later.

Washington's Divorce Rate is Actually Going Down

Despite what you might think, divorce rates dropped from 9.8 to 7.1 nationally from 2012 to 2022. Washington State follows this trend, with fewer couples getting divorced today than in previous decades.

The Bottom Line

Washington State's divorce laws contain some genuine surprises that can significantly impact your case. The key is understanding these realities before you're in the middle of the process. While some of these facts might seem unfair or strange, they're designed to protect families and children while ensuring a fair process for everyone involved.

Remember, every divorce is unique, and these general rules might not apply to your specific situation. When in doubt, consult with a knowledgeable family law attorney - like me - who can help you navigate Washington's sometimes surprising legal landscape.