Do people need to prove fault to divorce in Washington?

On Behalf of | Oct 29, 2024 | Divorce

There are many laws governing marriage and divorce in Washington. People thinking about ending their marriages often have limited information about the process. What they do know may come from friends, family members or even popular media.

However, that information may not necessarily apply to their unique situations. The laws about divorce differ from one state to the next. Washington has different statutes and judicial precedents on record than Minnesota or California. Therefore, those contemplating divorce often need to educate themselves about these specific standards that apply in Washington state.

Some people may worry that they need to have proof of bad behavior and specific grounds to successfully divorce, especially if their spouse would prefer to remain married. Do people have to prove that their situation meets a certain standard to qualify for divorce in Washington?

Washington is a no-fault divorce state

Some states require that marriages meet certain standards for a divorce to occur. Other states allow spouses in certain situations to pursue fault-based divorces. Washington takes a different approach to divorce. The state only allows for no-fault divorce filings.

The person filing for divorce does not need to prove misconduct on the part of the other spouse or establish that the marriage meets certain standards to qualify for divorce. They only need to claim in family court that the marriage has experienced a significant breakdown that makes continuing the relationship impossible.

People generally cannot prove that they have experienced a shift in their marital dynamic, nor can they disprove it. Therefore, the spouse responding to the filing typically cannot prevent the divorce by defending against the claims of the spouse who filed. The no-fault approach to divorce makes ending a marriage an achievable goal for people in all types of circumstances.

If there is any downside to a no-fault divorce, it is that people frequently cannot demand accountability from their spouses for bad behavior. Marital misconduct usually does not factor into the division of property or decisions about financial support. In some cases, documented issues involving substance abuse or domestic violence could have an impact on property division proceedings. For the most part, however, bad behavior is unlikely to influence the outcome of the divorce process.

People who understand the rules for Washington divorces can move forward with a filing without concern that they lack evidence or do not meet the necessary grounds to qualify. Discussing marital circumstances with a skilled legal team can help people establish realistic goals as they prepare to divorce and can help them know what to expect.

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