Washington state handles divorce through no-fault proceedings under RCW 26.09, focusing on the best interests of children for custody and equitable distribution for assets, with alimony determined by need and ability to pay.
Child Custody
Courts prioritize the child’s best interests, considering factors like parental fitness, child adjustment, emotional ties, and each parent’s ability to foster relationships with the other parent. A mandatory parenting plan designates residential time (no strict 50/50 preference), decision-making authority, and dispute resolution; joint custody is common unless domestic violence or other risks exist. Temporary orders can establish custody early, with modifications allowed only upon substantial changes in circumstances.
Alimony (Spousal Maintenance)
Alimony is not guaranteed and follows an equitable approach based on factors like marriage length, standard of living, each spouse’s financial resources, age/health, contributions to education/career, and ability to become self-supporting. Short-term marriages rarely qualify; longer ones (over 5-7 years) often see temporary awards, capped at marriage duration unless exceptional need shown. Courts may order lump-sum, periodic, or indefinite payments, modifiable on changed circumstances like job loss.
Decision Process
Washington requires 90-day residency (or military status) and a “cooling-off” period post-filing/service before finalizing; irretrievable breakdown is the sole ground. Judges divide community property fairly (not equally), debts, retirement assets, and tax exemptions; mediation encouraged for disputes. Uncontested divorces finalize faster if spouses agree; trials resolve contested issues like high-conflict custody or complex finances.
