Same-Sex Divorce in Washington

Marriage Equality and Divorce Rights in Washington

Washington has long been a leader in recognizing marriage equality. In 2012, voters approved Referendum 74, making same-sex marriage legal statewide. Just a few years later, the U.S. Supreme Court’s decision in Obergefell v. Hodges extended marriage rights nationwide.

Because of this history, same-sex spouses in Washington enjoy the same legal protections as any other married couple when it comes to divorce, officially known here as “dissolution of marriage.”

Still, even though the statutes treat all couples equally, the lived reality of divorce for LGBTQ+ spouses can be more complicated. Questions of legal parentage, assets acquired before 2012, and the recognition of long-term relationships all add challenges. For many, the goal is to navigate these rules as smoothly as possible, keeping disputes minimal and paperwork accurate to avoid costly setbacks.

Filing for Divorce in Washington

Here again, the timeline of marriage recognition creates unique challenges for LGBTQ+ couples. Courts typically measure from the legal wedding date, not the actual start of the relationship, meaning long-term partnerships may legally count as shorter marriages. This affects how judges view maintenance requests.

Timeline of Divorce in Washington

Even in uncontested cases, a Washington divorce involves multiple stages, each with specific requirements:

1. Drafting of Documents
   – The process begins with preparing the Petition for Dissolution of Marriage along with other required forms (such as proposed parenting plans, child support worksheets, and financial declarations). In uncontested divorces, spouses often also draft a Final Decree of Dissolution and settlement agreements during this stage.
   
2. Notarization of Documents
   – Certain forms, such as a Waiver of Service, affidavits, and settlement agreements, must be signed in front of a notary. Completing notarization before filing ensures that the paperwork is legally valid and reduces the risk of court rejection later.
   
3. Filing with the Court
   – Once drafted and notarized, the Petition and accompanying documents are filed with the Superior Court in the county where either spouse resides. A filing fee is required, and the court assigns a case number.
   
4. Service or Waiver
   – The responding spouse must be formally served with the Petition unless they have signed a Waiver of Service (already notarized). Improper service is one of the most common reasons divorces are delayed.
   
5. Mandatory 90-Day Waiting Period
   – Washington requires at least 90 days between service (or a joint filing) and the entry of the final divorce decree. This waiting period applies in all cases and cannot be waived.
   
6. Temporary Orders (if requested)
   – If spouses cannot wait until finalization to resolve issues like custody or property use, they may request temporary orders. These involve additional hearings and paperwork, adding time to the process.
   
7. Financial Disclosures
   – Both spouses must exchange details of their income, assets, and debts. While uncontested divorces often use simplified disclosures, judges may still request clear evidence that the settlement is fair.
   
8. Court Review and Hearing
   – Once the waiting period has passed and documents are in order, the petitioner attends a short hearing. The judge reviews the notarized agreements, parenting plans, and the Final Decree of Dissolution. If everything meets state requirements, the judge signs the decree.
   
9. Entry of the Decree
   – The signed decree is filed with the court clerk. At this point, the divorce becomes legally final.
   

Although Washington law allows divorce after 90 days, most uncontested cases take three to four months due to the time needed for drafting, notarization, and court scheduling. Contested divorces, with disputes over custody or property, can take a year or more.

Challenges Unique to Same-Sex Couples in Washington

Even with equal legal protections, same-sex spouses often encounter additional struggles:

1. Parentage recognition: A non-biological parent without adoption may face difficulties asserting rights.
   
2. Pre-2012 property: Assets acquired before legal marriage may not count as community property.
   
3. Marriage length vs. relationship length: Courts measure duration from the wedding date, not from years of partnership.
   

These issues can complicate an already detailed process. Couples who want to avoid long, expensive disputes often choose to resolve matters privately and ensure all documents are properly prepared and notarized before filing. Doing so not only saves time but also prevents courts from rejecting paperwork, which can extend the process significantly.

Conclusion

Same-sex divorce in Washington is legally the same as any other dissolution of marriage, but in practice it can be harder. Custody questions, property division tied to the legal marriage date, and maintenance eligibility all create challenges for LGBTQ+ spouses.

The process itself requires careful drafting, notarization, and strict adherence to the state’s waiting periods and filing rules. For couples who can agree on terms, pursuing an uncontested divorce with complete, accurate paperwork offers a way to move forward more quickly, privately, and with less financial strain.

Divorce is never easy, but understanding the unique struggles same-sex couples face in Washington — and the detailed steps required by the courts — makes the path clearer. With preparation and cooperation, what could become a drawn-out battle can instead be resolved efficiently, allowing both spouses to close one chapter and begin the next.