Considering Divorce in Federal Way or King County? Here’s Where to Begin

If you’re contemplating divorce in Federal Way or anywhere in King County, it’s natural to feel overwhelmed. You may be wondering how long the process will take, whether you’ll be able to keep your home, or how child custody and finances will be handled. These questions are common, and the answers depend on your unique circumstances and Washington State law.

Divorce is a major life transition, but with the right legal knowledge and support, you can move through it with clarity and purpose. Whether you're considering filing or responding to a divorce petition, understanding the basics is your first step forward.

Washington is a no-fault divorce state. That means neither spouse needs to prove blame or misconduct. The only legal requirement is that the marriage is “irretrievably broken.” Personal behavior like infidelity or communication breakdown typically won’t affect property division or child-related decisions.

Here’s what to keep in mind:

• You or your spouse must live in Washington to file for divorce.
• A 90-day waiting period must pass after filing and serving the petition before a divorce can be finalized.
• Washington law treats most property and debt acquired during the marriage as shared community property.
• If you have children, you’ll need to submit a parenting plan and a child support proposal before the divorce can be completed.

To get started, visit: King County Superior Court – Family Law

For couples with children, the creation of a court-approved parenting plan is one of the most crucial aspects of divorce. Washington courts no longer use terms like “custody” or “visitation.” Instead, parenting plans address where children will live, who will make key decisions, and how each parent will remain actively involved.

Unless there is clear evidence of abuse, neglect, or risk to the child, the court will generally support shared parenting responsibilities.

Helpful resource: Washington State Courts – Parenting Plan Guide

Spousal maintenance, or alimony, is not automatically awarded. In King County, judges consider factors such as:

• The duration of the marriage
• One spouse’s financial reliance on the other
• The requesting spouse’s ability to become self-supporting
• Current income and future earning capacity

Support can be temporary, transitional, or long-term—depending on your financial circumstances and marital history.

Helpful resource: Washington Law Help – Spousal Maintenance

Property division in a Federal Way divorce is governed by Washington’s community property rules. Any asset or debt acquired during the marriage—whether it's a house, car, 401(k), or credit card—is presumed to be jointly owned.

That said, a “fair and equitable” division doesn’t always mean a 50/50 split. Courts weigh several factors, including:

• Whether an asset is separate or community property
• Each spouse’s financial situation and future needs
• Contributions to the household (both financial and non-financial)
• The length of the marriage

Helpful resource: Washington Law Help – Who Gets What in a Divorce?

What happens to my children during divorce, and how is parenting time decided?
In Washington, parenting arrangements are made through a formal parenting plan, not traditional custody labels. The court’s priority is always the child’s well-being, taking into account each parent’s history of involvement, emotional connection, and willingness to support the child’s relationship with the other parent.

"The best interests of the child are served by a parenting arrangement that best maintains a child’s emotional growth, health and stability, and physical care."
Read the statute: RCW 26.09.002 – Best Interests of the Child
Explore more details: King County Superior Court – Parenting Plan Guide

How will our finances be divided, and will I be okay financially?
Washington’s community property system means that assets and debts acquired during the marriage are considered jointly owned. The court divides these in a way that’s fair (not always equal), based on your financial needs, contributions, and the nature of the property.

"…the court shall… make such disposition of the property and the liabilities… as shall appear just and equitable after considering all relevant factors..."
Read the statute: RCW 26.09.080 – Property and Debt Division
Explore more details: Washington Law Help – Dividing Property and Debt

How long does divorce take, and what will it cost me?
There is a mandatory 90-day waiting period before any divorce can be finalized in Washington. Simple, uncontested divorces may finish shortly after. However, if there are disagreements over children, property, or finances, the process may take several months or more. Costs vary depending on whether you settle through negotiation or go to court.

Explore more details: King County Superior Court – Filing for Divorce

What are my legal rights during a divorce in Federal Way?
You are entitled to request spousal maintenance, a fair property division, and a parenting plan that prioritizes your child’s needs. If you’re facing intimidation or violence, you can seek protection through the court system.

"In a proceeding for dissolution of marriage… the court may grant a maintenance order for either spouse..."
Read the statute: RCW 26.09.090 – Spousal Maintenance
Explore more details: Washington Law Help – Divorce and Legal Protection

How will divorce affect my mental health and relationships?
Divorce can take a serious emotional toll. It's normal to feel grief, anxiety, or uncertainty about the future. These changes can also impact your children and family dynamics. Consider counseling, parenting support, or community-based programs to help you through the transition.

Explore more details: Washington State DSHS – Resources for Parents and Families

Facing a divorce is one of life’s biggest challenges—but you don’t have to do it alone. At the Law Offices of Jason S. Newcombe, our attorneys help individuals across Federal Way and King County navigate the divorce process with practical legal strategies, strong advocacy, and a deep understanding of Washington State law.

Whether you need help understanding your rights, securing a parenting plan, or negotiating a fair financial outcome, our team is here to stand by your side.

• Spousal Support and Maintenance
• Child Custody and Parenting Plans
• Child Support Guidance
• Property and Debt Division
• Prenuptial and Postnuptial Agreements
• Divorce for Men and Women
• Domestic Violence and Protection Orders

Schedule your free consultation with a qualified divorce lawyer today and take the first step toward peace of mind, financial security, and a confident future.