16 Apr How Washington State’s No-Fault Divorce Can Impact You
If you are going through a divorce in Washington State, the first thing you need to know is that the law does not care who did what. The state has a no-fault divorce policy, which can impact you in various ways. Below, we explore what a no-fault divorce entails and its implications for your separation.
What “No-Fault” Means
Washington is an exclusively no-fault divorce state. Under RCW 26.09.030, the only grounds you need to file are a declaration that your marriage is “irretrievably broken.” You do not have to allege that your spouse committed misconduct, such as adultery, abandonment, or cruelty.
The process is designed to get you safely separated, not to assign blame.
Misconduct Does Not Move the Needle on Assets
Though the lack of a need to prove fault can be emotionally liberating for some couples, it can also complicate asset division in a way that may feel unfair. Washington courts divide property “without regard to misconduct,” as written directly in RCW 26.09.080. That means a judge cannot award you a larger share of marital assets simply because your spouse was unfaithful or abusive.
Washington follows community property law, treating all assets acquired during the marriage as jointly owned and subject to equal, just division. The court weighs factors like the length of the marriage, the financial situation of each spouse, and the interests of any children—not who behaved badly.
Spousal Maintenance and Child Support
Alimony in Washington goes by the name “spousal maintenance.” RCW 26.09.090 lays out what courts consider when awarding maintenance, and, as we mentioned, marital misconduct is not on the list. The court looks at your financial picture, including income, earning capacity, and standard of living during the marriage.
Child support calculations follow state guidelines under RCW 26.09.100, with a judge giving final approval to any amount.
The 90-Day Waiting Period
Washington law under RCW 26.09.030 requires 90 days to pass before a judge finalizes your divorce. This is a built-in window for negotiation, reflection, and, in some cases, reconciliation.
Use that time wisely. Work with your attorney to build a strong settlement agreement rather than leaving those decisions to a judge.
What This Means for You Going Forward
Divorce is hard enough without fighting battles the law will not reward. Washington State’s no-fault system pushes you toward resolution rather than retaliation, and that ultimately impacts you positively.
This overview can help you walk into the process with clarity, but it is also important to consult with a divorce attorney. At LaCoste Law, we practice family law in Tri-Cities, Washington, and we can help you navigate your separation with your best interests in mind. We can build a compelling case for an advantageous division of assets based on the objective guidelines the court judges from.