Washington Divorce Records

Washington is a no-fault divorce state - the only legally-recognized ground (reason) for divorce in the state is an "irretrievable breakdown" of the marriage. This means that neither party has to allege any wrongdoing on the part of their spouse; they simply have to prove that they no longer get along.

Recent statistics indicate that Washington has a divorce rate of around 2.7 divorces per 1,000 residents, higher than the national divorce rate of 2.4 per 1,000. Divorce costs in Washington are also above national figures - on average, it costs about $10,314 per person to get divorced in the state, slightly higher than the national average of $9,969. Note that actual divorce costs can vary substantially based on attorney fees, court expenses, mediation costs, and the overall complexity of the case.

Are Divorce Records Public in Washington?

Washington divorce records are generally considered public records and may be accessed by any interested party, in line with the stipulations of the Washington Courts' General Rule (GR) 31. However, certain records, or sensitive information contained in the record, are restricted from public access. Examples of these restricted records/information include social security numbers, medical records and personal/mental health information, and information related to minors and domestic violence. This restricted information is usually only accessible by authorized parties, such as the individuals named on the record, law enforcement, court officials, or individuals with a court order granting access to the record.

What Is Included in Washington Divorce Records?

While the term "divorce records" generally encompasses all official documentation related to divorce proceedings in Washington, it is typically used when referring to two distinct types of documents:

• Divorce Certificates: These are one-page documents issued by the Washington State Department of Health that serve as official proof of a divorce. Divorce certificates are sometimes called "Certificates of Dissolution", and they list basic details about the divorce, such as the full names of the divorcing couple and the date of the divorce.
• Divorce Decrees: These are official court orders that legally "dissolve" the marriage. Divorce decrees are multi-page documents that contain the terms of the divorce, such as alimony, child custody, visitation rights, and child support, property and debt division, and other specific court orders related to the case. These documents are maintained by the Superior Court of the county where the divorce was finalized.

How Do I Find Washington Divorce Records?

Certified copies of Washington divorce records are essential for various legal and personal reasons, including:

• To serve as official proof of your divorce status when looking to remarry
• To modify or enforce custody and support orders
• To update personal and legal documents, including trusts and wills
• Changing beneficiary designations and/or updating marital status with banks and insurers
• To access government benefits

You can typically obtain certified copies of your divorce record through the Washington State Department of Health or by contacting your county Superior Court (note that courts only keep records of divorces that were finalized in their respective counties).

Look Up Washington Divorce Certificate

You may obtain certified copies of Washington divorce certificates for divorces that occurred from January 1, 1968, to date from the Washington State Department of Health (DOH) by completing and mailing a Marriage/Divorce Certificate Order Form, along with a nonrefundable fee of $25 (per certificate) to the department at:

You will need to provide the first and last name of at least one of the parties named on the record, an approximated date of the divorce, and the location where it occurred. Also, payment should be in the form of a check or money order made payable to DOH (cash payments are not allowed). Note that additional fees may apply depending on your preferred delivery shipping option.

Requests are typically processed within 6 - 8 weeks after being received. You may check the status of your order and/or get additional information on ordering copies of divorce certificates by contacting the DOH at (360) 236-4300.

Be aware that it may take up to five months for the DOH to receive records of divorces from local courts. As such, if you wish to obtain the record of a divorce that occurred within the past five months, you should consider contacting the local Superior Court that finalized the divorce.

Look Up Washington Divorce Decree

Washington divorce decrees are maintained locally by the Superior Court that finalized the divorce. To look up these records and obtain certified copies, take the following general steps:

• Determine the county where the divorce was granted.
• Contact the county's Superior Court Clerk directly and submit a records request. Many courts offer forms that may be filled out and submitted online, while others may require an in-person visit.
• Provide necessary information to locate the required records, such as the names of the parties on the records, the approximate divorce date, and a case number (where available).
• Pay the applicable copy fees. This is usually $5 for the first copy and $1 for each additional copy requested.

Look Up Washington Divorce Court Records

While Washington divorce records primarily refer to divorce certificates and decrees, they also include other documents generated or filed during the divorce proceeding, such as the petition for dissolution of marriage, summonses, settlement agreements, court orders, affidavits, motions, and more. You may access these records through the Superior Court where the case was filed. You will typically need to provide details like the names of the involved parties, the divorce date (or an estimate), and the specific documents required.

Be aware that some divorce-related documents are confidential; as such, you will not be able to access the entire court file. Copy fees will also apply. Contact the court clerk for more information.

Can You Seal Divorce Records in Washington?

Divorce records in Washington may be sealed due to privacy or safety reasons, such as protecting information about minor children or sensitive financial data. To seal your divorce record, you will need to file a petition with the Superior Court that handled the divorce (necessary forms may be obtained through the court's clerk). The petition should include supporting evidence justifying why the record should be sealed.

The court will typically hold a hearing to determine to review the petition. If the request is granted, then the record will be sealed - this usually involves redacting/restricting the sensitive information while leaving the rest of the record accessible to the public (entire records are rarely sealed).

How Long Does a Divorce Take in Washington?

The timeline for divorces in Washington typically varies by case. Per Section 26.09.030 of the Revised Code of Washington, there is a mandatory 90-day waiting period after divorce papers have been filed and served before the court may render a final judgment and issue a divorce decree. As such, uncontested divorces can typically be concluded within 3 to 4 months, depending on the court's caseload. However, for contested divorces where there are disputes over assets, child custody, or support, the process may extend beyond a year due to mediation, additional hearings, and other matters, with the exact length depending on the case's complexity and the court's schedule.

Does Washington Require Separation Before Divorce?

No, Washington law does not impose a mandatory separation period as a prerequisite for divorces in the state.

How Are Assets Split in a Washington Divorce?

Washington is a community property state, meaning that all assets and debts acquired by either spouse during the marriage are generally considered owned equally by both spouses. However, this does not always result in a 50/50 split during a divorce. Under state law, courts are required to divide a divorcing couple's property in a manner that appears "just and equitable" after considering the following factors:

• The nature and extent of their community property (assets and liabilities acquired during their marriage, whether separately or jointly)
• The nature and extent of their separate property (assets and liabilities acquired by either spouse before their marriage and gifts or inheritances gotten during the marriage. Separate property belongs to the specific spouse and is not considered jointly owned)
• The length of the marriage
• Each spouse's economic situation at the time the property division would become effective

It is important to note that courts cannot consider misconduct on the part of any spouse when determining property division.

Who Gets Custody of a Child in Divorce in Washington?

Washington courts use the terms "parenting plan", "residential schedule", and "decision-making authority" when referring to custody and visitation; however, the general idea remains the same - who will be responsible for the child after a divorce. While there has been a tendency towards placing children with mothers after a divorce, modern laws aim for a neutral approach to custody that provides both parents with equal rights and responsibilities regarding the child. Notwithstanding this, recent statistics indicate that fathers in Washington still get only approximately 23.8% parenting time post-divorce, lower than the national average of 35%.

During divorce proceedings in Washington, couples with children are required to file a proposed parenting plan, outlining how they intend to care for the children after the divorce. This plan will typically address several key areas, including:

• Residential Schedule: This specifies where the child will live and the time the child will spend with each parent.
• Decision-Making Authority: This specifies which parent will make major decisions about the child's education, healthcare, and religious upbringing.

Depending on the specifics of the case, one party may be designated the "primary residential parent", meaning that the child will live with them the majority of the time (and they will be responsible for the child's daily care). On the other hand, the court may award "shared residential time", where both parents have the child living with them for significant periods. Likewise, one parent may have sole decision-making responsibilities, or both parents may share joint decision-making responsibilities.