Washington State Uncontested Divorce (Dissolution) Petition and Decree Filing Packet

WASHINGTON STATE UNCONTESTED DIVORCE (DISSOLUTION) — PETITION AND DECREE FILING PACKET

PART 1 — JURISDICTIONAL AND PROCEDURAL CHECKLIST

A. Jurisdiction (RCW § 26.09.030)

At least one petitioner must be one of the following (check applicable):

☐ A resident of the State of Washington.
☐ A member of the armed forces stationed in Washington.
☐ Married to a person who is a resident of Washington or stationed in Washington while in the armed forces.

B. Grounds — Irretrievable Breakdown (RCW § 26.09.030)

☐ The marriage is irretrievably broken. (No other grounds exist or are required in Washington.)

C. 90-Day Mandatory Waiting Period (RCW § 26.09.030)

☐ The Court may not enter a Final Divorce Order earlier than 90 days after the later of:

• the filing date of the Petition, OR
• the date the Respondent was served / first publication of summons OR signed a Joinder.

☐ Earliest date a decree may be entered: [__/__/____]

D. Venue (RCW § 26.09.010; CR 82)

☐ Filing in the Superior Court of Washington for [_____________________ County], because the Petitioner or Respondent resides in that county.

E. Children — Parenting Seminar / Parenting Plan

☐ Not applicable — no children under 18 born during the marriage.
☐ Applicable — parties have [____] child(ren) under 18. Each parent shall complete a court-approved parenting seminar within 60 days of filing (most counties — e.g., King, Pierce, Snohomish, Spokane).
☐ Proposed Parenting Plan (FL All Family 140) prepared in accordance with RCW § 26.09.184 / § 26.09.187.
☐ Child Support Worksheets prepared under RCW Chapter 26.19 and Washington State Child Support Schedule.

F. Procedural Roadmap — Uncontested / Agreed Dissolution

☐ Complete and file: FL Divorce 201 (Petition), FL All Family 001 (Confidential Information), Case Assignment Cover Sheet, Certificate of Dissolution (Vital Statistics), and if applicable FL All Family 140 (Parenting Plan – Proposed) and FL All Family 132 (Declaration about Public Assistance).
☐ Either: (a) Respondent signs Joinder on last page of Petition (most efficient route) OR (b) Respondent is personally served and files an Acceptance of Service.
☐ Each party files a Financial Declaration (FL All Family 131) and exchanges mandatory disclosure (tax returns, paystubs, bank statements) per local rules.
☐ Parties execute Separation Contract / CR 2A Agreement (optional but recommended for clarity) and Child Support Worksheets.
☐ Wait at least 90 days from filing/joinder/service.
☐ Present FL Divorce 231 (Findings & Conclusions) and FL Divorce 241 (Final Divorce Order) at presentation hearing (or by agreed ex parte presentation in counties that permit it).

G. Filing Fees (verify current schedule)

☐ Fee waiver requested (GR 34 — Motion to Waive Civil Fees and Surcharges).

PART 2 — PETITION FOR DIVORCE (DISSOLUTION) — FL DIVORCE 201 SUPPLEMENT

PETITION FOR DIVORCE (DISSOLUTION) — FL Divorce 201

2.1 Petitioner Information

• Name: [_________________________]
• Date of birth: [__/__/____]
• Address: [____________________________________________]
• County of residence: [_____________________]

2.2 Respondent Information

• Name: [_________________________]
• Date of birth: [__/__/____]
• Last known address: [____________________________________________]
• Currently in the military? ☐ Yes ☐ No (if yes, SCRA waiver required)

2.3 Marriage

• Date of marriage: [__/__/____]
• Place of marriage (city, state, country): [____________________________________________]
• Date of separation (when parties stopped living together as spouses): [__/__/____]

2.4 Jurisdiction

☐ Petitioner / Respondent has been a resident of Washington since [__/__/____].
☐ Petitioner / Respondent is a member of the armed forces stationed in Washington.

2.5 Grounds

☐ This marriage is irretrievably broken.

2.6 Children

☐ There are no children under 18 born or adopted during the marriage.
☐ The following children under 18 are dependent on the parties:

☐ No party is pregnant. ☐ A party is pregnant; expected delivery: [__/__/____].

2.7 Property

☐ Community and separate real property: [____________________________________________].
☐ Community and separate personal property: [____________________________________________].
☐ Retirement accounts / pensions: [____________________________________________].

2.8 Debts

☐ Community and separate debts: [____________________________________________].

2.9 Spousal Support (Maintenance)

☐ Neither party requests maintenance.
☐ ☐ Petitioner ☐ Respondent requests maintenance — see proposed terms.

2.10 Name Change

☐ Petitioner asks the Court to restore a former name: [_________________________].

2.11 Requested Final Orders

The Petitioner asks the Court to enter final orders that:

• Dissolve the marriage;
• Approve a Parenting Plan and order child support (if children);
• Divide property and debts;
• Order maintenance (if requested);
• Restore name (if requested);
• Other: [____________________________________________].

2.12 Petitioner's Signature

Signed under penalty of perjury under the laws of the State of Washington at [______________], Washington, on [__/__/____].

_____________________________________
[PETITIONER FULL LEGAL NAME]

2.13 Joinder by Respondent (last page of Petition)

The Respondent has read this Petition, agrees with it, joins in it, and waives notice of any further proceedings except as required by court rule.

Signed under penalty of perjury under the laws of the State of Washington at [______________], Washington, on [__/__/____].

_____________________________________
[RESPONDENT FULL LEGAL NAME]

PART 3 — CONFIDENTIAL INFORMATION FORM (FL All Family 001) — REFERENCE

☐ Names, dates of birth, full SSNs, and last 4 of driver's license for both parties and any minor children, filed under seal per GR 22.

PART 4 — FINANCIAL DECLARATION (FL All Family 131) — REFERENCE

☐ Tax returns (2 most recent years) attached.
☐ Pay stubs for last 6 months attached.

PART 5 — SEPARATION CONTRACT / CR 2A AGREEMENT — KEY TERMS

This Separation Contract is between [PETITIONER] and [RESPONDENT], effective [__/__/____].

5.1 Property Division (RCW § 26.09.080)

Washington is a community property state — assets and debts acquired during marriage are presumed community, divided in a "just and equitable" manner.

5.2 Debt Allocation

5.3 Maintenance (RCW § 26.09.090)

☐ Both parties waive maintenance permanently.
☐ [Payor] pays [Payee] $[__________]/month for [____] months. Modifiability: ☐ modifiable ☐ non-modifiable.

5.4 Health Insurance / Tax Matters

• Health insurance: [______________].
• Tax filing: [____________________________________________].

5.5 Name Restoration

☐ Petitioner restored to: [_________________________].

Signatures (each notarized):

_____________________________________ Date: [__/__/____]
[PETITIONER]

_____________________________________ Date: [__/__/____]
[RESPONDENT]

PART 6 — PARENTING PLAN (FL All Family 140) — KEY TERMS

(Complete only if children under 18 — required to use mandatory form.)

6.1 Decision-Making (RCW § 26.09.184)

• Major decisions (education, non-emergency healthcare, religious upbringing): ☐ Joint ☐ Sole to [______________]
• Day-to-day decisions: made by the parent with whom the child resides at that time.

6.2 Residential Schedule (RCW § 26.09.187)

6.3 Dispute Resolution

☐ Mediation prior to court action.
☐ Counseling.
☐ Other: [____________________________________________].

☐ Parenting seminar completion certificates filed (per local court rule).

PART 7 — CHILD SUPPORT ORDER AND WORKSHEETS (RCW Ch. 26.19)

☐ Child support paid via Washington State Support Registry (DSHS-DCS), with income withholding.

PART 8 — FINDINGS AND CONCLUSIONS ABOUT A MARRIAGE (FL Divorce 231) — KEY ENTRIES

Findings:

1. Court has jurisdiction over the marriage and the parties.
2. At least one spouse is a Washington resident (or armed-forces qualifier).
3. The marriage is irretrievably broken.
4. The 90-day waiting period has elapsed.
5. The Separation Contract dated [__/__/____] is fair and not unconscionable (RCW § 26.09.070(3)).
6. The parties have made full and fair financial disclosure.
7. The proposed property and debt distribution is just and equitable.
8. (If children) The proposed Parenting Plan is in the best interests of the child(ren).
9. (If children) Child support is calculated correctly under RCW Ch. 26.19.

Conclusions:

A. The marriage should be dissolved.
B. Property, debt, and (if applicable) parenting and support matters should be ordered as set forth in the Final Divorce Order.

PART 9 — FINAL DIVORCE ORDER / DISSOLUTION DECREE (FL Divorce 241) — KEY ENTRIES

ORDER

THE COURT HEREBY ORDERS:

1. Dissolution. The marriage between [PETITIONER] and [RESPONDENT] is DISSOLVED.

2. Effective Date. This Order is effective on [__/__/____] (must be at least 90 days after filing and after service/joinder).

3. Property. Property is divided as set forth in the attached Separation Contract / table in Part 5 above, which is incorporated by reference.

4. Debts. Debts are allocated as set forth in the attached Separation Contract / table in Part 5 above.

5. Maintenance / Spousal Support. ☐ Waived. ☐ As set forth in Part 5.4.

6. Parenting Plan. (If children) The attached Final Parenting Plan (FL All Family 140) is approved and adopted.

7. Child Support. (If children) The attached Order of Child Support and Worksheets are approved and adopted. Payment shall be made through the Washington State Support Registry.

8. Restraints / Insurance. Each party shall maintain health insurance coverage for any children as ordered, and shall not change beneficiary designations on retirement or life insurance contrary to this Order.

9. Name Change. Petitioner's name is restored to [_________________________].

10. Continuing Jurisdiction. The Court retains jurisdiction as to enforcement, modification (per applicable statute), and execution of QDROs / property transfers.

ORDERED, ADJUDGED AND DECREED this [____] day of [__________], 20[____].

_____________________________________
Judge / Court Commissioner

Presented by: Approved for Entry:
_____________________________________ _____________________________________
[PETITIONER] / Counsel [RESPONDENT] / Counsel

PART 10 — POST-DECREE CHECKLIST

☐ Conformed and certified copies of Final Divorce Order obtained.
☐ Certificate of Dissolution forwarded to Department of Health, Center for Health Statistics.
☐ QDRO drafted and qualified for any retirement asset division.
☐ Real property deeds executed (quitclaim) and recorded with County Auditor.
☐ Vehicle title transfers at Washington DOL.
☐ Health insurance: federal COBRA election within 60 days where applicable.
☐ Beneficiary designations updated (life insurance, retirement, payable-on-death).
☐ Name change updates: SSA, WA DOL, U.S. passport, banks, employers, tax authorities.
☐ Estate plan updated: will, durable POA, healthcare directive.

PART 11 — SOURCES AND REFERENCES

• Revised Code of Washington, Title 26 (Domestic Relations): https://app.leg.wa.gov/RCW/default.aspx?cite=26
• Washington Courts — Family Law Mandatory Forms: https://www.courts.wa.gov/forms/?fa=forms.static&staticID=14
• Washington Law Help — Filing for Dissolution of Marriage: https://www.washingtonlawhelp.org/
• Washington State Child Support Schedule: https://www.courts.wa.gov/forms/
• King County Superior Court — FLIC 1.2 "How to Ask for a Divorce" (Agreed)
• GR 22 / GR 34 (Confidential Information; Fee Waiver)