Grounds for Divorce in Washington

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Divorce may be defined as the legal ending of a marriage. In the state of Washington, a divorce is called “dissolution of marriage.” Married couples do not have a legal or a constitutional right to seek a divorce, but states like Washington commonly accord divorces because forcing a couple to stay married would be against public policy.

 

"No-fault" and "fault" are the two types of grounds, or justifications, for divorce in the United States. In some states, including Washington, no-fault is the only acceptable grounds for a divorce, even if fault grounds exist within the marriage. The other states permit the parties to select either a no-fault or a fault divorce. The Cornell University Law School website, law.cornell.edu, offers a comprehensive overview of divorce and separation law in the United States.

 

The concept of a no-fault divorce was first adopted in the United States in the late 1960's, and nearly all of the states currently allow for some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, each other for the divorce. Some examples of the justifications for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” One spouse cannot usually stop a no-fault divorce, simply because when one spouse wants a divorce and the other spouse does not, this constitutes irreconcilable differences, which justifies a no-fault divorce. In Washington, the no-fault ground for a divorce is an irretrievable breakdown of the marriage. According to the Washington State Bar Association, this no-fault system is intended to help spouses settle matters without unnecessary bitterness or resentment.

 

Many states require a "cooling-off" period of separation for a particular length of time before no-fault divorce proceedings can begin. During this time, the couple is required to live separate and apart with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law. In Washington, the cooling-off period is three months.

 

Some states also allow fault grounds for divorce. Common fault grounds include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. Washington law does not allow for fault divorces.

 

To start a dissolution proceeding in Washington, one spouse, who is called the petitioner, must file a summons and petition for a dissolution of marriage with the appropriate court. This document is then served to the other spouse, who has between 20 and 60 days to respond to it in writing. All issues must be settled in order for the divorce to be finalized. If terms cannot be negotiated between spouses, a trial will be held to decide any disputes. If spouses agree on a settlement and no aspect of the dissolution is contested, then the case does not have to go to trial.

 

Divorce laws in general, as well as the specific grounds required for divorce vary widely across the United States. The American Bar Association provides a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states can be found at abanet.org.

 

*An example of a Washington Divorce Settlement Agreement can be seen on Free Legal Aid.