Every state has slightly different divorce statutes. People have to pursue divorce in the jurisdiction that applies to them based on their recent living arrangements. They must then show that their circumstances meet the legal standard imposed in the state where they file.
In some jurisdictions, spouses must live separately for months before they are eligible for divorce. In other jurisdictions, spouses may have the option of pursuing fault-based divorces. One spouse can present the courts with proof of infidelity, habitual drunkenness or domestic violence in pursuit of a fault-based divorce. Those contemplating divorce proceedings in Washington generally need to validate that their circumstances meet necessary legal requirements.
What grounds for divorce does Washington state recognize?
Washington only hears no-fault divorce cases
Divorces based on fault have the potential to be incredibly contentious. Even those who resent and mistreat their spouses may become defensive when accused of causing the decline of a marital relationship. A fault-based divorce filing has the potential for very intense conflict and could take months to litigate.
Washington does not currently hear fault-based divorce cases. Instead, the state only allows for no-fault divorce proceedings. The person requesting a divorce asserts to the courts that there has been an irretrievable breakdown of the marital relationship. They claim that their dynamic with their spouse has declined, and they see no reason to believe that the situation is likely to improve.
There is no way to prove conclusively that a relationship has declined to that point. The spouse only needs to make the assertion in court under oath to proceed with a no-fault divorce.
Do spouses need to cooperate?
The fastest and most cost-effective divorces involve the cooperation of the spouses. Couples can work together to resolve disagreements about property division and make arrangements for their minor children.
However, it may be very difficult to reach an agreement when the marital relationship has already declined significantly. As such, many no-fault divorces are contested or litigated divorces. The spouses present the courts with information about their circumstances, and a judge decides how to address parenting issues and property division disagreements.
Learning the basics about the Washington divorce process can empower those preparing to file or needing to respond to a spouse’s filing. No-fault divorces are the only option currently available in Washington.