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If you’re considering divorce, one of the first things you probably want to know is: What is the process actually going to look like? How long will it take? What happens to the house? And what happens to the children?

And how do you protect yourself financially while everything is being worked out and everything is falling apart?

The first thing to know is that in Washington, divorce is a no-fault process, which means that you don’t have to prove that your spouse did something wrong, and your spouse doesn’t have to agree to the divorce.

Basically, if you want a divorce, you’ll get one.

The work comes in separating a life you’ve built together and reaching decisions that allow both of you to move forward.

For some couples, that can be relatively simple. For others, particularly where there are substantial assets or complicated compensation, there can be a lot to work through.

This guide gives you an overview of how divorce and separation works in Seattle and some of the decisions you’re likely to encounter along the way.

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Washington is a no-fault divorce state.

In order to get divorced, one spouse needs to state that the marriage is irretrievably broken. You don’t have to prove infidelity or establish who was responsible for the relationship ending.

And if one party wants a divorce, the other person can’t object or prevent it simply by refusing to participate. It’s going to happen no matter what.

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Washington also has the option of legal separation.

The process can deal with many of the same issues as divorce. The significant difference is that when it’s finished, you’re still legally married.

It’s also helpful that legal separation is a lot faster, but your mileage may vary.

There are situations where a couple may prefer a legal separation for practical or personal reasons.

But if you want to end the marriage and eventually have the option of remarrying, you need a full divorce.

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A legal separation can also later be converted into a divorce.

So, if you’re deciding between the two, it’s worth understanding what you actually want the legal relationship to look like at the end of the tunnel.

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There is a minimum 90-day waiting period for divorces in Washington, but that doesn’t mean your divorce will automatically be finished on day 91.

When a divorce is filed in King County, for example, the court issues a case schedule that sets deadlines for the case and a trial date if the two of you haven’t reached an agreement by that time.

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It’s usually somewhere between 12 and 18 months out.

Your spouse also needs to be formally served if you’re filing and given an opportunity to respond to the divorce petition.

While the divorce is underway, temporary orders can be used if you need decisions made before the final settlement.

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Basically, courts can enforce temporary arrangements for assets, property, housing, or child care.

For example, you may need a temporary parenting plan because you can’t agree on where the children should stay.

There may also be immediate issues about who pays the mortgage, that sort of thing.

During the case, both sides can exchange financial information through what’s called discovery and work toward a settlement with a full picture of everyone’s assets.

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If you can reach an agreement, that’s ideal in most cases. You don’t have to wait for the trial date.

If you can’t reach an agreement, the remaining issues can ultimately be decided by a judge.

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Now, Washington is a community property state, which leads to one of the most common misconceptions about divorce.

People often assume that means the court simply divides everything down the middle, 50/50.

But Washington courts can actually make a just and equitable division of the couple’s property and debts.

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So, one person may get a larger portion of assets if it’s deemed just and appropriate under the circumstances.

Property acquired during the marriage will generally be considered community property.

Property owned before the marriage or received through an inheritance may be separate if it hasn’t been commingled.

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But after a long marriage, those categories aren’t always as clean as they sound.

Suppose you received an inheritance and kept it in an account under your own name. That’s quite different from putting the money into a joint account and then using it toward the shared family household.

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Tracing where the money came from and what happened to it can become very important, as the court will weigh that when deciding how to divide the household.

The family home also needs to be considered practically.

One spouse may be able to keep it and buy the other’s interest out. Or, in another case, selling the property entirely and splitting the proceeds may be the better solution.

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The aim is to reach an overall property division that’s equitable in the circumstances rather than assuming every individual asset has to be cut cleanly in half regardless of context.

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For Seattle professionals, the financial side of divorce can become particularly complicated when compensation goes beyond a straightforward salary.

RSUs are a good example.

If stock was granted during the marriage but doesn’t vest until after the date of separation, there may be a question about how much of it relates to work performed during the marriage and how much relates to future employment that is yet to occur.

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That can make the timing and purpose of the award really important, and it’s really more of an art than a science.

Similarly, business ownership can create similar issues.

The number shown on a company balance sheet doesn’t necessarily tell you what the business is worth for divorce purposes.

A professional valuation will probably be needed if the business is large enough.

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Financial discovery also matters if there’s a genuine concern that the assets haven’t been disclosed or have been mismanaged in marital property.

Rest assured, the court process provides ways of obtaining records and investigating discrepancies.

In a complex case, a forensic accountant may also be involved.

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If you’re approaching a divorce with significant assets, it’s really worth getting a clear picture of what exists before you start negotiating on how to divide it.

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Washington generally talks about parenting plans rather than simply awarding custody to one parent.

A parenting plan sets out how the children’s time will work after separation and how important decisions will be handled as the children grow older.

It’s basically your framework for co-parenting.

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When parents can’t agree on a parenting plan, or when they disagree on an important decision about the child that’s not covered in the parenting plan after it’s established, the court considers the child’s best interest.

If one parent has historically handled most of the day-to-day care, for example, that’s something the court will often consider when deciding what arrangement will provide stability for the child.

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Common practices, routines, and established environments are all important factors, particularly for young children.

Another common misconception is that a teenager reaches a certain age and then can simply choose which parent to live with.

There isn’t a fixed age in Washington where that happens.

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An older child’s wishes may be relevant in some very limited and narrow circumstances, depending on their maturity, but the decision still sits with the court and the wider best-interest analysis.

Further, the court really disfavors taking testimony from children.

So, while it’s technically possible, we have almost never seen child testimony or preferences accounted for in court proceedings.

Courts make a habit of actually disfavoring that evidence.

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But there are also cases where safety concerns change the picture significantly.

There’s something called RCW 26.09.191, also known as 191 restrictions.

191 restrictions can be placed on a parent’s residential time or decision-making authority if a court finds things like abuse or safety concerns are at issue.

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For most families, though, the aim is to create a parenting plan that gives the children as much stability and predictability as possible while the family dynamic changes.

I am happy to report that most families do not need 191 restrictions, but if you do, please consider your children’s future when making parenting plan decisions and get an attorney to help you ensure your safety.

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Child support and spousal maintenance are often discussed together during divorces, but they’re actually dealt with differently.

Washington child support starts with a statewide calculation based on the parents’ total incomes across the two new households.

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The state’s economic table was expanded in 2026, which is particularly relevant in Seattle because it now addresses combined monthly net income of up to $50,000.

There can still be issues to consider beyond the basic calculation, though, but the statutory framework provides the starting point.

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It often deviates based on the circumstances, though, so your mileage may vary.

But spousal maintenance is more discretionary.

Washington doesn’t have a simple formula that tells you exactly how much maintenance will be paid or how long it will continue.

The length of the marriage really matters, as does each person’s financial position after separation.

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For example, a really long, 30-year marriage where one spouse stepped away from their career may raise very different maintenance questions from a short marriage where both parties have similar incomes and have maintained working the entire time.

But in general, spousal maintenance isn’t the lifetime support it used to be back in the ’50s and ’60s.

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Courts recognize that usually the wife can return to the workforce after separation.

And so these days, spousal maintenance is usually used more as a careful transitional support tool rather than a lifetime commitment.

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If you’re thinking seriously about divorce, some preparation can make the early stages, and in my opinion, all of the stages, much easier.

Start by getting a clear understanding of your household’s assets as a whole.

You want to know what you own, what your spouse owns, what’s at stake in the household, roughly, and what expenses you’ll need paid after you separate.

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If you have lawful access to recent financial records, keep copies somewhere secure.

This is particularly useful if your spouse has traditionally handled most of the family’s finances.

It’s also worth understanding what happens to your everyday life once you separate.

If you have children, think about how their current routine actually works rather than immediately jumping to a future parenting plan.

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The goal is to best cushion the children during a time of transition.

Provide them as much stability as is possible during a difficult time.

And before making any major financial moves, get some advice.

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Trust me, moving money because you’re worried your spouse will get to it first can create problems of its own.

And the court often looks unfavorably on behavior like this.

We’ve seen it many, many times. It never ends well.

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The period before filing is often the best opportunity to understand your position calmly and with a level head.

Understand both what you have, where you’re going, and what your objectives are, both for yourself and your children, during a time of great transition.

An attorney can really help with this time.

An ounce of prevention is worth 10 pounds of cure in family law.

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Not every Seattle divorce ends in a courtroom.

In fact, most settle privately.

If you and your spouse can agree on the terms, the divorce may be resolved without a contested trial at all.

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Mediation is also another common route where family law disputes are resolved, where the parties sit down with their disagreements and work with a neutral third party to talk through them and reach the best available compromise.

There are also collaborative approaches for couples who want to resolve matters outside the court with professional support.

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Sometimes, though, litigation is necessary, and that’s the sort of office we are.

That may be because the two of you simply can’t reach an agreement and need to go to court to resolve the issues.

And it can also happen where there are some serious concerns about finances, safety, abuse, or substance misuse.

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If your case goes to trial, though, the judge makes the decision that the two of you couldn’t make yourselves.

And in our opinion, the judge can never quite know you as well as they should, no matter how much they read about you.

However things play out, once the final orders are entered, the legal marriage ends, and the financial and parenting arrangements set out in those orders take effect permanently, though they can be later modified.

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For most people, getting through divorce is less about knowing every piece of Washington family law and more about understanding which decisions actually matter in their case.

Get a clear picture of your finances.

Understand what your children need during the transition.

And don’t make major decisions based on assumptions about what Washington family law says.

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A divorce settlement can affect your family and finances for years after the court case itself has ended.

So, make sure you have advice when agreeing to one.

Taking the time to understand those decisions before you make them can make the next stage of your life considerably easier.