Guide to Washington Divorce Records

Although each state has its own divorce law and rules for accessing divorce records, the general process for obtaining a divorce is very consistent from one state to another, including Washington State.

When a spouse in Washington files an initial petition with the Superior Court seeking a divorce (also known as a dissolution of marriage), the court will create all official case files and documents used throughout the case. The documents created by the court through the various stages of this case are ultimately known as divorce records and serve as both legally binding evidence and administrative documentation.

The information in a divorce file depends on the type of document; however, most Washington State divorce records contain basic information, including:

• Names of both parties involved

• The county where the divorce was filed

• Name of the Superior Court handling this case

• Date the final decree of divorce was entered

• Case number

• Orders regarding custody of minor children, parenting plans, and spousal support

• Property and debt division information

• Whether the divorce is an uncontested divorce or a contested divorce

In Washington State, most divorce documents are kept at the county level in the Superior Court system. However, divorce information is also available at the state level. Many older divorce documents will still exist on paper or have been recorded on film for storage. However, many of today's divorces are documented electronically and can be obtained by searching local court records online or through an approved third-party service.

Knowing how the divorce process works in Washington and what each document contains can help you when filing for a divorce or managing your case. In addition, understanding how Washington handles key issues such as property and custody, as well as how to access official records in the state, is essential when using them for legal or personal purposes.

Where Are Washington Divorce Records Stored?

At the county level, divorce case files can be found in the Superior Court where the divorce was filed and finalized. The Superior Courts are responsible for maintaining all official documents related to the divorce filing process. A typical Superior Court file may include a petition for dissolution, motions, pleadings, parenting plans and custody agreements, property division, and the Final Judgment.

The Washington State Department of Health's Center for Health Statistics maintains an index of all divorce cases in the state. The DOH also provides official copies of divorce certificates. A divorce certificate is a condensed version of the court file that contains the names of the couple filing for divorce, the month and year of their divorce, and the county where their case was heard.

Is Washington a 50/50 Divorce State

Washington is a 50/50 divorce state commonly called a community property state. Therefore, all assets and debts acquired during the marriage are subject to equal division between the spouses. While there is a presumption of a 50/50 split of the marital estate, the court does not have to award 50% of the marital estate. The law instead allows courts to make decisions that result in a fair distribution of the marital property and debts, as determined by what is deemed “just and equitable.”

The laws governing the division of property in Washington State are set forth in the Revised Code of Washington, Section 6.09.080. Per the law, when dividing property and liabilities, the court will divide them as it deems just and equitable, after considering all relevant factors.

Consequently, while community property is presumed to be owned equally by both spouses, courts may depart from this presumption to achieve a fairer distribution of marital property and debts.

The statute outlines the main criteria courts will evaluate for determining how to split up property:

• Community Property: Community property includes all assets acquired and debts incurred by either or both spouses during the marriage. It includes joint checking accounts, jointly owned real estate, and retirement accounts.

• Separate Property: Separate property consists of those assets (including debt) that were owned by one spouse at the time of marriage, or were received during the marriage through gift or inheritance.

• Length of Time Spouses Were Married: A longer marriage generally results in a more equal division of assets. In contrast, a shorter-term marriage will likely result in a division of assets that more closely preserves each party's separate property.

• Each Party's Economic Situation: The court will consider the current and future financial situations of each party.

Types of Washington Divorce Records

Washington State maintains its divorce records in various formats to support multiple legal, governmental, and personal objectives. Some divorce records summarize the divorce, while others detail every decision made by the court during the divorce process.

Washington Divorce Certificate (Certificate of Divorce)

A divorce certificate is an official document issued by the Washington State Department of Health (DOH) that contains limited, summarized information about the divorce, such as the parties involved, the date the divorce was finalized, and other identifying details.

A divorce certificate can be obtained for administrative or record-keeping purposes, such as obtaining new identification (driver's license, passport) or filing for remarriage. It should be noted that a divorce certificate is not a complete substitute for the original court decree.

Divorce Decree (Final Judgment of Divorce)

The divorce decree, also known as the final judgment of divorce, is issued by the Circuit Court and serves as the official, legally enforceable record of the divorce.

The divorce decree will include information on all aspects of the divorce, including:

• Division of Property and Debts: Defines how the couple will divide their marital assets, such as homes, vehicles, investments, bank accounts, and retirement accounts, and how they will split their marital debts.

• Custody Arrangements and Child Support: Provides the details on where the children will live and how much money each parent is responsible for paying in child support.

• Alimony (Spousal Support): Describes how long alimony payments must be made and how much. It also includes whether this payment can be modified or terminated at a later date.

• Date of Final Judgment: States when the divorce was finalized, as well as the time frame and stipulations required to meet all of the court's orders.

Therefore, because the divorce decree contains all of the court's findings and decisions, this document is used to enforce compliance with court orders, modify prior agreements or orders, and resolve disputes that may arise after the divorce.

How to File for Divorce in Washington (Step-by-Step)

The Washington statute (Washington Revised Code § 26.09.020) requires that at least one party to a marriage be an actual Washington State resident for no less than 90 days preceding when they file their petition for divorce. The residency requirement is intended to give the Washington courts authority to act on the matter.

Furthermore, if minor children are involved in the marriage, the Washington court must have both legal and geographical jurisdiction over issues concerning the children's welfare and support. To this end, at least one parent must live within Washington State.

In Washington, you also need to establish whether your divorce case will be either Uncontested or Contested. The type of divorce pathway you follow determines how long the divorce will take, how much you will spend, and how complicated the process will be. Although Washington is a no-fault state, the method used to resolve each issue can affect how the divorce process unfolds.

• Uncontested Divorces: When both spouses agree on all aspects of their divorce, it is considered an “uncontested” divorce. These agreements include dividing up assets and liabilities, child custody and visitation rights, child support, and spousal support. Since there is no controversy requiring court intervention, uncontested divorces usually proceed through the legal system more quickly than contested divorces.

  Uncontested divorce usually involves fewer attorneys and does not require prolonged litigation; therefore, it tends to be cheaper. They are also easier to accomplish because they involve only simple documentation and court approval of the parties' agreement.

• Contested Divorces: In contrast, a contested divorce occurs if couples cannot agree about at least one major issue. Examples of possible disagreements can include the division of marital assets and liabilities, child custody, or spousal maintenance. When this occurs, the court plays an active role in deciding which spouse receives what.

  Contested divorces in Washington State generally take longer than uncontested divorces (sometimes by many months) due to the level of contention between the parties and the court's workload. Generally, contested divorces cost more in attorney fees because they require more work, such as negotiating, filing motions, conducting discovery, and preparing for trial.

After you or your spouse has met the residency requirements and determined the pathway your divorce will follow, you can follow the steps below to file for your divorce.

Step-by-Step Divorce Process

Irrespective of where you live in Washington, you can follow these steps to file for a divorce.

Prepare the Filing Packet

In this phase, you are expected to put together the documents needed to file for a divorce in the state. At this point, be sure that your documents are complete and accurate.

• Identify the Divorce Path (1A vs. 1B): First, determine whether the divorce is contested or uncontested.

• Typical Documents: Put together the following documents to file for a divorce in Washington:

  • Petition for Divorce (FL Divorce 201): The document that asks the judge to legally terminate the marriage and outlines your wishes as to how your assets and debts are divided.

  • Summons (FL Divorce 200): Informs your spouse of a new lawsuit and the time limit in order for him or her to formally respond to it.

  • Confidential Information Form (FL All Family 001): A non-public document used by the court to record personally identifiable information, including social security numbers and birthdates, to help identify you.

  • Parenting Plan (FL All Family 140): If there are children involved in your divorce, this form will outline where the children will reside and the criteria each parent will use when making important family decisions.

  • Child Support Worksheets (WSCSS-WORKSHEETS): These forms are required to calculate monthly child support.

  • Other documents needed to file for divorce in Washington include a marriage license, proof of income, employment history, real estate deeds, vehicle titles, business ownership records, and recent pay stubs.

  • All documents required to file for a divorce in Washington are accessible on the Washington Courts Divorce page.

• Filing Fees and Fee Waivers (Indigency): The cost of filing a petition for divorce is $314, though some counties include minimal surcharges added to their county filing fee. If you are unable to pay the filing fee, you will need to file a motion to waive the fee (FL All Family 001) and complete a financial affidavit. If your application for a waiver is granted by the judge, the court may waive the filing fee and any associated costs, including service fees and document copying costs.

File the Case

After gathering the required documents, you need to file your divorce appropriately.

• Where to File: In Washington State, a divorce case is filed in the Superior Court in the county where either spouse lives. The Superior Court is the appropriate trial court for all family law matters, including divorce, child support, and custody, because it has jurisdiction over such cases.

• Filing Methods: In Washington, you can file for your divorce in one of the following ways:

  • In Person: You may personally deliver your originals to the Superior Court clerk during business hours.

  • Mail: Documents can also be sent via mail to the Clerk's Office. If you wish to have a received stamp on a copy, you must provide a self-addressed, stamped envelope with an additional copy of the documents.

  • Electronic Filing (eFiling): Electronic filing is permitted in some large counties, such as King, Pierce, Snohomish, and Clark, although each county varies in the system it uses. You should contact your local county clerk's office to obtain their e-file procedures

• What You Get: After filing the divorce papers, the clerk will issue the following:

  • Case Number: The unique number that is assigned to your divorce case; this number will be required on every document you file with the court thereafter.

  • Summons: This is an official legal notice sent to the opposing spouse, indicating that you have filed for divorce and that they must take action within a specified time frame.

  • Court Notifications: Initial documents provided by the court explaining filing deadlines, scheduled hearings, or what needs to be done at each step of the process, based upon the local jurisdiction.

Service of Process (Primarily for Contested Cases)

Serving divorce documents in Washington State is an important part of divorce proceedings, particularly in divorce disputes. The purpose of service of process is to formally notify the opposing party of their inclusion as a respondent in the divorce proceeding. Once proper service has been completed, the court will have authority over the divorce case and enter orders with regard to property, child custody, support, and all other matters relating to your divorce.

In Washington, there are several acceptable ways to serve divorce documents:

• A Sheriff's Office

• A professional process server

• Certified mail

The individual who serves the divorce documents must complete a “Proof of Service” form, which must be filed with the court. Filing this documentation will help keep your case moving through the system.

In cases where the opposing party cannot be found, Washington courts permit alternative forms of service. Alternative forms of service may include publishing a notice to appear in a local newspaper or posting a notice on the door of the County Courthouse. Prior to approving any alternative form of service, however, the petitioner must establish to the court's satisfaction that they used all reasonable means to find and serve the missing spouse.

Early Case Phase and Temporary Orders

The early case phase of the divorce process in Washington State generally centers on filing a Motion for Temporary Orders. Temporary orders are intended to create a temporary financial “bridge” and stabilize both parties during the pendency of the litigation. Generally, temporary orders will maintain the status quo of the existing arrangement, such as children's schooling, extracurricular activities, and home arrangements, until the court issues a permanent order.

Usually, the courts can issue temporary orders on the following:

• Temporary Custody and Visitation: While waiting for the divorce to be finalized, the court can make an interim decision regarding which parent has physical custody of the children (where they will live) and what visitation arrangements each parent must make.

• Temporary Child or Spousal Support: During a divorce, the court may order either party to pay temporary child or spousal support.

• Exclusive Use of the Marital Home: In certain situations, the court may award sole possession of the family residence to one spouse.

• Restraining and Protective Order: If it appears that a spouse is at risk of harm by another spouse, then a restraining or protective order may be issued by the court to preclude such behavior.

Financial Disclosures and Discovery

To promote fairness between divorcing couples in Washington, financial disclosures are non-negotiable throughout the dissolution process. Discovery elements in Washington State typically include the following:

• Mandatory Financial Statements: All divorcing couples in Washington State are required to provide an accounting of their financial situation for the court as part of the divorce dissolution process. Each party will be required to submit and sign a Financial Declaration, a sworn document under penalty of perjury that outlines their entire financial picture.

  The documents typically include bank accounts, retirement accounts, debts, loans, expenses, and liabilities. It is very important that you provide true and accurate information about your finances. If either party fails to report or declare any assets, they may face court penalties or adjustments to the division of marital property.

• Discovery Tools: When spouses are unable to reach an agreement, or if one spouse is unsure whether the other is being truthful about the information they provided during their disclosures, the court will allow the couple to use “discovery” tools. These tools enable spouses to obtain additional information about each other's financial situation:

  • Requests for Documents: The written request from one spouse to another requesting access to documents related to the spouses' financial situation, including tax returns, bank statements, pay stubs, and investment statements.

  • Interrogatories: A set of written questions that the other spouse has to respond to, under oath. Interrogatories may be used by either spouse to clarify information regarding income, expenditures, and ownership of property.

  • Subpoena: An order from the court requiring a third-party, such as an employer or banker, to produce relevant documentation or testify on behalf of one spouse concerning their financial situation.

  • Depositions: A sworn interview conducted in person of a spouse or third-party. Deposition testimony is taken in writing and can be used at trial should future disputes arise.

Case Management and Court Conferences

A Case Management Conference is an early meeting between the judge (or court staff) and counsel for each party to assess the status of the case. Both sides are asked to identify the disputed issues and confirm that they have provided all necessary financial disclosure and supporting documentation. Additionally, the court establishes timelines for completing discovery and filing motions before trial, and encourages settlement negotiations or mediation prior to trial.

The Pre-Trial Conferences typically occur later in the case, just before trial. At this time, the court reviews which issues remain unresolved and determines what evidence and witnesses will be allowed at trial. In addition, the courts still try to encourage a final settlement or mediation between the spouses.

Typically, at these conferences, the judges look for the following from counsel:

• That both parties are prepared and organized in order to effectively discuss a possible resolution

• That both parties have complied with all court rules and disclosure requirements

• Honest communication regarding settlement

• That spouses have an understanding of the remaining issues and the evidence to be presented at trial

Settlement or Trial

When the couple is going through a divorce in Washington, they can either settle their differences or go to trial. The courts prefer that the spouses reach an agreement, as it saves time and money and gives both spouses more control over how the case is resolved.

The following settlement options are available to divorcing couples in Washington State:

• Negotiations directly between the couple

• Mediated settlements

• Settlement through attorney-led negotiations

When no resolution is possible through one of these methods, the case goes to trial. At trial, you can expect:

• Both parties present their evidence and witness testimony.

• Both spouses submit proposed findings of fact and conclusions of law prior to or immediately following trial.

• The judge's final ruling regarding the dissolution of marriage. The final decision is formally put in writing as a Decree of Dissolution. Once entered into the record, the Divorce Decree becomes legally binding, and both parties are required to follow the requirements set forth within the document.

Judgment, Waiting Periods, and Finalization

Under Washington Revised Code Section 26.09.030, there is a mandatory 90-day waiting period, also called the cooling-off period, before the court will finalize the divorce. After 90 days have elapsed and the couple has agreed on all pending issues, the court issues the Final Decree of Dissolution, which formally ends the marriage.

In contrast to some other states, Washington does not require a waiting period before remarriage. Both parties are free to remarry immediately following the entry of judgment.

Child Custody and Child Support in Washington Divorces

All child custody decisions made by Washington courts consider what is in the best interest of the child. This is emphasized in Washington Revised Code Section 26.09.002, which states that the child's emotional development, health, and safety should be given priority when making custody determinations.

When evaluating what is in the best interest of the child, rather than preferring one parent over the other, the court considers a variety of factors, including:

• Each parent's relationship with the child

• Each parent's history of involvement in the child's care

• The child's need for stability and continuity

• Each parent's ability to meet the child's physical and emotional needs

• Any previous history of conflict or safety concerns

Legal Custody vs. Physical Custody

Washington state uses a different model for determining child custody called a “Parenting Plan.” The Parenting Plan replaces traditional terms (such as physical custody and legal custody) used in other states.

• In Washington, legal custody is referred to as “decision-making authority” and determines which parent will make decisions regarding the child's welfare, including education, health care, and religious upbringing.

  Washington courts tend to support joint decision-making, which means both parties can continue to participate in key decision-making. Sole decision-making authority will be granted by the court to one party if there has been an established history of conflict, the parties do not cooperate with each other, or if it would be unsafe for the child due to issues of abuse or neglect.

• Physical custody, as defined in Washington Statutes as a “residential schedule,” determines where the children will live at all times and defines the division of time between the parents. In many instances, one parent is identified as the primary residential parent, meaning the children will live with that parent for most of the year, while the other parent has the right to visitation or residential time on an established schedule.

However, Washington courts encourage shared residential arrangements when they can be implemented effectively and in the child's best interests, so long as both parents remain involved in the child's life.

Child Support Guidelines and Enforcement

Child support in Washington is determined by state guidelines. The court uses a standardized economic table to calculate base child support obligations using the following factors:

• Income of both parties

• Number of children

• Cost of health insurance for children

• Other child-related expenses

• The amount of time spent by both parties with the children

Once child support has been ordered, it is legally enforceable. If a parent fails to make these payments, the courts can use several methods to ensure payment is made. Some common means of enforcement include:

• Wage garnishment

• Interception of tax refunds

• Suspension of licenses

• Legal action resulting in fines or jail time

Property, Debt, and Alimony in Washington Divorces

A divorce proceeding in Washington State will determine how property and debts will be divided, which spouse will be awarded spousal support, and the type of support.

As a community property state, most assets acquired during the marriage are presumed to have equal ownership.

• Community property, including income, homes, and retirement accounts that were purchased or earned by either spouse from the date of their marriage until they get divorced, will be divided equally in a divorce.

• Separate property, which refers to assets that one spouse owns prior to marriage or that are gifts or inheritances received by one spouse after marriage, is usually exempt from division.

While separate property has historically been considered non-divisible, Washington courts have broad authority to divide both community and separate property under Washington Revised Code Section 26.09.080, provided the division results in a just and equitable distribution.

Debts will also be divided among the spouses. In Washington State, all debt acquired during the marriage is typically considered community debt, regardless of whether the debtor spouse's name is listed on the loan. This can include mortgages, credit card debt, and car loans.

Community debts will typically be divided between the parties at the time of divorce. However, this does not necessarily mean that each party will receive 50% of the community debt. When deciding who will be responsible for community debt, the court takes into consideration several factors, including:

• Who incurred the debt?

• What was the reason or purpose behind acquiring this debt?

• How capable is each spouse at paying back this debt?

• Which spouse benefited from the acquisition of this debt?

• The total distribution of all community property.

In Washington State, Alimony is referred to as spousal maintenance and is governed by Washington Revised Code Section 26.09.090. Spousal Maintenance can assist a spouse in achieving economic stability and, ultimately, economic independence after a divorce.

Based on the circumstances of each case, the following types of alimony may be awarded in Washington State:

• Temporary Maintenance: Granted to a lower-income spouse who requires some financial assistance while the divorce process is ongoing.

• Short-term Maintenance or Rehabilitation Maintenance: Granted to give a spouse time to obtain education, training, or employment, which will ultimately lead to the ability to maintain themselves economically.

• Long-term or Indefinite Maintenance: Granted in a long-term marriage. It is usually awarded when there is a significant income disparity between spouses or when one spouse has not worked outside the home for a considerable period.

Errors, Omissions, and Corrections in Washington Divorce Records

Sometimes inaccuracies or missing information may exist on divorce records. These discrepancies could affect identity-related information and the validity of court-ordered agreements and judgments. Common errors in divorce record filings include misspellings of the parties' names, incorrect dates of marriage or divorce, missing information, and inaccurately stated dates.

To correct errors on the divorce decree, send a written request to the superior court that processed the divorce. In many instances, minor, clerically-based errors can be rectified by filing a motion to amend the original judgment. However, if the errors are substantive, you will need to file a formal motion to the applicable court.

If errors appear on a divorce certificate, the error must be corrected through the Washington State Department of Health. To initiate corrections through the Department of Health, the applicant must submit an Affidavit for Corrections along with supporting documentation.

After corrections have been approved, you can obtain your updated certified copies of divorce records as follows:

• Corrected divorce decrees are accessible through the Superior Court Clerk in the county where the divorce was finalized.

• Updated divorce certificates may be requested from the Washington State Department of Health.

How to Access Washington Divorce Records

Washington State offers different ways to obtain your divorce record, depending on the type of document you need.

Online

• Divorce Certificates: You can purchase an official copy of your divorce certificate from the authorized third-party provider for the Washington State Department of health via VitalChek.

• Divorce Decree: Full divorce decrees and case files will not be available for free online download in Washington. However, some counties may allow access to their online court portal to view some case info. But most counties require a formal request and payment of filing fees to receive certified copies of the full divorce decree.

In Person

• Divorce Certificate: You can go directly to the Washington State Department of Health to pick up your divorce certificate.

• Divorce Decree: To receive a full certified copy of your divorce decree, you must make a formal request to the Superior Court Clerk's office in the county that issued your final divorce.

Mail

• Divorce Certificates: If you just want a divorce certificate, fill out the correct application form, include a self-addressed stamped envelope, valid ID, and pay the filing fees required to the Washington State Department of Health.

• Divorce Decrees: Mail the request to the Superior Court Clerk's Office. Include a check or money order for the reproduction and certification fees, along with a self-addressed, stamped envelope so they can return your original documents.

Washington Courthouses That Handle Divorces

Understanding which court handles your divorce case and how to find the correct courthouse is important in both filing for divorce and obtaining records of divorce documents.

Court Authority for Washington Divorce Cases

Only the Superior Court in Washington State has jurisdiction over the dissolution of marriages (divorces). For a divorce to be recognized as valid in this state, the divorce proceeding must begin in and conclude in the Superior Court of the county where one of the spouses resides at the time the divorce petition is filed.

County-Based Filing

A divorce case is filed in the Superior Court where one party to the divorce resides. After the divorce has been finalized and signed by a judge of the Superior Court, the final divorce decree will be retained and handled by the County Superior Court Clerk.

Below are five examples of counties from across Washington State where you could find your final divorce decree.

• King County: King County Superior Court

• Pierce County: Pierce County Superior Court

• Snohomish County: Snohomish County Superior Court

• Spokane County: Spokane County Superior Court

• Clark County: Clark County Superior Court

Jurisdiction Basics

Since each Superior Court has exclusive jurisdiction within its county, it hears only cases brought by individuals residing in that county. In Washington State, the entire court system designates family law cases to be heard solely in the Superior Courts. Therefore, no family law cases may be heard or resolved by District Courts or Municipal Courts in Washington.

Examples of Washington Superior Courts

All counties in Washington State have a Superior Court that handles divorce cases. Here are some examples of Superior Courts in the state:

• King County Superior Court (Washington State Superior Court system)

• Pierce County Superior Court (Washington State Superior Court system)

• Snohomish County Superior Court (Washington State Superior Court system)

• Spokane County Superior Court (Washington State Superior Court system)

• Clark County Superior Court (Washington State Superior Court system)

Role of the Circuit Court Clerk

There are several administrative roles played by the Superior Court Clerk's Office during the course of a divorce action. These include:

• Filing and keeping all documents related to the case

• Issuing case number

• Providing certified copies of divorce decrees and other court records

• Providing official copies of divorce documents

• Collecting filing fees to ensure compliance with court procedure

FAQ