Uncontested vs. Contested Divorce in Washington: Simplified Procedures and Mandatory Steps

By the FigureMyTax Editorial Team · How we calculate

In Washington an uncontested and a contested divorce share the 90-day wait after filing and service. If a spouse denies the breakdown, the court weighs reconciliation prospects and may find it broken or continue the case up to 60 days; a petition induced by fraud or coercion is dismissed.

What is the same in an uncontested and a contested Washington divorce?

The residence status and the 90-day wait (RCW 26.09.030). The Washington divorce timeline calculator gives the same earliest date for both.

Item	Agreed (uncontested)	Disputed (contested)
Residence	Resident, stationed or married to one	Same
Waiting period	90 days after filing and service	90 days after filing and service
Breakdown	Joined or not denied: decree	Denied: findings, counseling or up to 60 days
Property	Settled by agreement	Just and equitable disposition
Children	Parenting plan by agreement	Court decides on best interests

What if my spouse does not deny the breakdown in Washington?

If the other party joins the petition or does not deny that the marriage is irretrievably broken, the court shall enter a decree of dissolution once the 90 days have run (26.09.030(a)).

What if my spouse says I was pressured to file in Washington?

If the other party alleges the petitioner was induced to file by fraud or coercion, the court makes a finding and, if it so finds, dismisses the petition (26.09.030(b)).

What if my spouse denies the marriage is broken in Washington?

The court considers all relevant factors, including the circumstances that gave rise to the petition and the prospects for reconciliation, and either finds the marriage irretrievably broken and enters a decree, or at either party’s request or on its own motion transfers the case to family court, refers the spouses to another counseling service with a report back within 60 days, or continues the matter for not more than 60 days (26.09.030(c)).

Is a parenting plan required in Washington?

A permanent parenting plan must contain provisions for resolving future disputes, allocating decision-making and residential provisions for the child, aimed at the child’s physical care, emotional stability and changing needs (26.09.184). See the Washington parenting time calculator.

Can we ask for a legal separation instead in Washington?

Yes. If the petitioner asks for legal separation in lieu of dissolution, the court enters it in that form unless the other party objects and petitions for dissolution or a declaration of invalidity (26.09.030(d)).

What if the spouses reconcile in Washington?

If the court finds the parties have agreed to reconciliation it dismisses the petition; if they have not been reconciled and either keeps alleging that the marriage is irretrievably broken, the court enters a decree (26.09.030(c)).

What does the parenting plan say about disputes in Washington?

A process other than court action must be provided unless limited by the criteria in 26.09.187 or 26.09.191, preference is given to carrying out the plan, and a parent who used or frustrated the process without good reason is ordered to pay attorneys’ fees and sanctions (26.09.184(4)).

Can a temporary order be requested while the case is pending in Washington?

Ask the superior court clerk about temporary orders and forms; we did not read the temporary order statute for this page.

What changes in a contested Washington divorce?

The court decides what the spouses cannot settle: a just and equitable disposition of property under 26.09.080, maintenance under 26.09.090 and the parenting plan on the child’s best interests. See the Washington property division calculator.

Frequently asked questions

How soon can an uncontested Washington divorce be granted?

Not before 90 days after filing and service.

Is counseling required in a Washington divorce?

Only if the breakdown is denied and the court refers the spouses to counseling or family court.

Can a Washington court dismiss a divorce petition?

Yes, if it finds the petitioner was induced to file by fraud or coercion.

Is a parenting plan required in a Washington divorce with children?

Yes. It sets dispute resolution, decision-making and residential provisions.

Can Washington spouses make their own property agreement?

Yes; the court divides property justly and equitably when they do not agree.

Official sources

Going through a divorce or custody case in Washington?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a Washington attorney

This is general information, not legal advice. It is based on the cited Washington statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Washington attorney.