Washington Marital Settlement (Divorce) Agreement Form [PDF]

A Washington marital settlement agreement is a legal document that reflects the spouses’ intention to address key marital, family, and property issues during and after the divorce. The issues that spouses can cover in this document include alimony, child support, and division of marital property, to name a few.

A divorce settlement agreement is more common in uncontested divorces, where conflict is minimal. However, as a legally binding document crucial for spouses and their children, it must be fair and just.

Couples may use marital settlement agreement templates tailored to their needs, or they can seek the assistance of a mediator or legal counsel if they need professional assistance to overcome any misunderstandings.

Divorce Forms

Divorce forms are filed with the Clerk’s Office of the Superior Court. The filing fee is approximately $300, and it takes at least 90 days for the process to be completed.

Divorce Laws and Legal Requirements in Washington

Divorce laws and legal requirements in Washington are found in Chapter 26.09. RCW. This chapter contains everything you need to know about the most important aspects of divorce.

How to File for a Divorce in Washington in 6 Steps

Filing for divorce can seem complicated, but it doesn’t have to be. By following the steps outlined below, the parties can easily navigate the divorce process.

#1. Fill Out and File the Divorce Forms

The first step in starting the divorce process is filling out and filing the necessary forms, such as the Petition for Divorce (also known as a divorce complaint), which outlines the petitioner’s requests for handling matters like property division, child and spousal support, and other relevant issues.

Along with the divorce complaint, you must submit the Certificate of Dissolution for official statistics and the Confidential Information Form (CIF) with the parties' private information, such as social security numbers and financial details, which will stay confidential.

If the parties need a fee waiver, they must also file the Motion and Declaration for Waiver of Civil Fees and Surcharge. In addition to these documents, the parties have to provide evidence about their financial situation.

Once spouses complete these divorce forms, they submit them to the superior court in the county where the petitioner or the respondent resides.

#2. Serve the Forms to the Spouse

After filing the divorce documents, the petitioner must serve them to the respondent. There are several ways to do this, including:

• Personal service: When the respondent agrees to the terms stated in the filed documents, they can accept the service personally by filling out the Service Accepted form.

• Third-party service: If the respondent does not agree to accept documents personally, a private process server over 18 years old or the sheriff can serve them. In this case, the service is followed by completing the Proof of Personal Service form.

• Mail or Publication: If the respondent is out of state, the documents can be served by mail or publication. Service through publication is only possible when the judge signs an Order to Allow Service by Publication.

#3. Join the Petition

The respondent, if aware of and in agreement with the Petition for Divorce, can join it by filling out and signing the Agreement to Join Petition (Joinder). This act indicates that the respondent has read the Petition and agrees with its contents and requests.

However, even after signing this Joinder, the respondent can still revoke it by filing and serving a response before the court signs the final orders.

#4. Wait for the Defendant's Answer

After serving the documents, the respondent has 20 days from accepting service/act of service to file a response outlining their disagreements and requests.

If the respondent fails to respond within this period, the petitioner can file a Motion for Default, asking the court to finalize the divorce in their favor. The court will then issue an Order on Motion for Default, considering whether the other party was notified and served correctly.

#5. Prepare Additional Documents

If spouses have minor children, they need to prepare additional forms, such as a Parenting Plan that defines arrangements regarding their child. These arrangements include specifying who will have custody of the children (Residential Time Summary Report) and providing a visitation model.

The spouses will also need to propose the amount of child support, which can be calculated using the Washington State Child Support Schedule Worksheets, and enter this information in the Child Support Order.

#6. Attend the Court Hearing

The divorce procedure can be finalized without a court hearing in the case of an uncontested divorce. This occurs when both parties agree on all aspects outlined in the submitted divorce documents and at least 90 days have passed since the divorce forms were served.

Otherwise, the case proceeds as a contested divorce, and the petitioner has to schedule a hearing using a Notice of Hearing form.

In a hearing, the court will review all submitted documents, listen to the parties, and make decisions regarding property division, alimony, child custody, visitation, and support, deciding in the children’s and parties’ best interest.

The divorce is finalized when the court signs the divorce order.