Family Law in Washington State: Understanding Your Rights and Options

Family law covers some of the most personal and important legal issues individuals face in their lifetime. Whether you’re dealing with a divorce, a parenting dispute, or seeking legal protection for yourself or your children, the decisions made in family court can have lasting effects on your relationships, finances, and emotional well-being.

In Washington State, family law is governed by a broad set of statutes that emphasize fairness, the best interests of children, and the protection of vulnerable parties. While the law is designed to be gender-neutral and equitable, navigating these complex issues often requires clear guidance and legal support from a qualified family law attorney.

Below are some of the most common legal matters handled by family law lawyers under Washington’s family law system, along with the relevant statutes, exact language from the law, and resources for learning more:

• Divorce (Dissolution of Marriage)
  “When a party who (1) is a resident of this state… petitions for a dissolution of marriage… (and) the other party joins in the petition or does not deny that the marriage or domestic partnership is irretrievably broken, the court shall enter a decree of dissolution.”
  Washington is a no-fault divorce state, meaning neither spouse must prove wrongdoing to legally end the marriage. The only requirement is that one party believes the marriage is beyond repair.
  Read the statute: RCW 26.09.030 – Dissolution of Marriage
  
• Parenting Plans and Child Custody
  “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.”
  — RCW 26.09.002
  Instead of traditional “custody,” Washington courts require a parenting plan that outlines residential time, decision-making responsibilities, and parental involvement.
  Read the statute: RCW 26.09.002 – Best Interests of the Child
  
• Child Support
  “The legislature also intends that the child support obligation should be equitably apportioned between the parents.”
  — RCW 26.19.001
  Child support in Washington is determined using a standardized formula based on both parents’ income and the parenting plan. The goal is to meet the financial needs of the child in both homes.
  Read the statute: RCW 26.19.001 – Child Support Intent
  
• Spousal Maintenance (Alimony)
  “The court may grant a maintenance order for either spouse… in such amounts and for such periods of time as the court deems just...”
  — RCW 26.09.090
  Spousal maintenance may be awarded based on one party’s need and the other’s ability to pay. Factors include the length of the marriage and the financial resources of both spouses.
  Read the statute: RCW 26.09.090 – Spousal Maintenance
  
• Domestic Violence Protection Orders
  “The petitioner may petition for relief on behalf of himself or herself and on behalf of family or household members who are minors or vulnerable adults.”
  — RCW 7.105.100
  Victims of domestic violence can request a protection order to keep an abusive person from contacting or approaching them and/or their children. These orders can be temporary or long-term.
  Read the statute: RCW 7.105.100 – Protection Orders

1. Can I modify a parenting plan or child support order after my divorce is finalized?
Yes. Washington law allows for post-decree modifications when there has been a substantial change in circumstances. This could include a change in income, relocation, or a shift in a child’s needs. The court will always review modifications through the lens of the child’s best interests.
Read the statute: RCW 26.09.260 – Modification of Parenting Plan

2. Do I need an attorney to file for divorce or family law matters in Washington?
While you are not legally required to have an attorney, family law cases can be complex—especially those involving children, contested assets, or protection orders. Having legal representation helps ensure your rights are protected and that paperwork is filed correctly. For those proceeding without a lawyer, many courts offer family law facilitators to help navigate the process.
Washington Courts – Find Your Court’s Family Law Facilitator

3. What is the difference between legal separation and divorce in Washington State?
Legal separation does not end a marriage but allows couples to live apart and resolve issues like property division, parenting, and support through a court order. It can later be converted into a divorce if desired. This option is sometimes chosen for religious, financial, or health care reasons.
Read the statutes: RCW 26.09 – Legal Separation

4. Can unmarried parents get a court-ordered parenting plan in Washington?
Yes. Unmarried parents have the same legal rights and responsibilities as married parents. Either parent can petition the court for a parenting plan, and the court will use the same standards—focused on the child’s best interests—to determine parenting time and decision-making authority.
Read the statute: RCW 26.26A.440 – Parentage and Parenting Plans

5. How does Washington handle cases involving child abuse or neglect in family court?
When abuse, neglect, or other safety concerns are present, Washington courts can issue temporary orders, protection orders, or supervised visitation requirements to protect the child. The Department of Children, Youth, and Families (DCYF) may also become involved in severe cases.
Washington DCYF – Child Safety and Protection

Family law in Washington State is designed to resolve deeply personal issues—custody, support, separation, and safety—through a fair and structured legal process. Whether you're dealing with divorce, child custody, paternity, or domestic violence, understanding your rights and responsibilities is the first step toward making informed, empowered decisions for your future.

As life circumstances evolve, the law allows for necessary changes to parenting plans, support orders, and even relationships themselves. But the process isn’t always simple. Emotions can run high, paperwork can be overwhelming, and the legal consequences of even small mistakes can last for years. Having a clear legal strategy—and someone in your corner—can make all the difference.

At the Law Offices of Jason S. Newcombe, our family law lawyers help individuals and families across Washington navigate family law matters with clarity, compassion, and confidence. Whether you’re starting a divorce, seeking a modification, or trying to protect your child, we’re here to guide you every step of the way. Schedule your free consultation today and take the next step toward stability, security, and peace of mind.

As Washington state family law lawyers, we understand making the decision to file for family law is very difficult. Many of our clients are confused and depressed when they initially contact our office. They usually confide in us and tell us that they are not sure if they want to continue their marriage.

Our divorce attorneys understand when you share your life with someone for so many years, it can be hard to part ways. There may be times when you want to stay and work it out, and there may be times when you feel like family law is the only viable solution. If you are having a difficult time deciding if family law is right for you, we can help. We have over 50 years of collective experience helping divorcing couples resolve their family law issues in Washington. We want you to know that you are not alone. Our compassionate lawyers will help you get through this difficult time.

When there are children involved, many couples try to stay together for the well-being of their children. However, they often feel miserable and alone throughout their entire marriage. Our family law attorneys are here to let you know that you don’t have to stay in a failing marriage. We can help you and your soon to be ex-spouse negotiate fair resolutions that benefit your children and your entire family. At Washington State Attorneys, we understand that your children are your #1 priority. That’s why we dedicate our time to providing you with legal support and guidance on the following family law matters involving children:

Parenting plans – Parenting plans are a schedule that is created by you and your spouse. It outlines how you and your spouse will care for your children during and after your family law. It includes how much time your children are going to spend with each parent, who will be the primary decision maker for all important issues like day care, and physical care. Our Washington State family law lawyers can help you and your spouse create a parenting plan that is beneficial to both of you.

Child support – In Washington State, both parents are responsible paying for child support. Our Washington State family law lawyers can help you and your spouse determine the amount of child support you have to pay based on your income. If you have a difficult time paying child support, our Washington State family law attorneys will aggressively fight to protect your legal rights.

Child custody – One of the most difficult discussions divorcing couples have to face is the issue of child custody. It can be very stressing to fight over who your children will live with. If you and your spouse cannot reach a fair agreement, our Washington State family law lawyers will help you determine what’s in the best interest of your children.

Father’s rights – If you are a father fighting for custody of your child, or if you want to prove that you are the biological father, our Washington State family law lawyers can help.

At Washington State Attorneys, we understand life events happen beyond your control. There may be times when you or your spouse have to modify certain terms of your family law. If this happens, our lawyers will provide you with support and aggressive legal representation for the following family law matters:

Child support modifications – If you are having a difficult time paying child support, there are certain options that you can take advantage of under Washington law. Our knowledgeable Seattle family law attorneys can assist you with modifying your child support order.

Child custody modifications – There may be times where a parent who was once qualified to take care of a child no longer can provide for their children. If this happens, we can provide you with the support and guidance you need to modify your child custody order.

Relocation – There are certain circumstances that may cause you or your spouse to relocate. At Washington State Attorneys, we understand that you may want to relocate your children due to domestic violence, child endangerment, or you simply want them to attend a better school. However, your spouse may want to relocate your children because they feel that is the best thing to do. Depending on your unique situation, we can help you file a notice for relocation, file an objection, and help you understand your legal rights.

Protection orders – One of the most delicate and sensitive areas of Washington State family law is the issue of abuse. At Washington State Attorneys, we understand that you are concerned about the well-being and safety of your children. If you suspect that your children are being verbally, physically, and sexually abused, our Seattle, WA family law attorneys will aggressively fight to protect your legal rights.

Contempt of motions – There are times where your ex-spouse will not comply with orders sent from the court. If this happens, they are considered to be in “contempt of court.” Simply put, your ex-spouse is violating orders from the court and will suffer consequences if they continue not to cooperate. Our family law attorneys will aggressively fight to protect your legal rights.

The decisions you make during your family law can affect you family for years to come. That’s why it’s important to hire an experienced family law attorney who you can trust. While you and your spouse may resolve your issues amicably, there are still many matters that require the skill and expertise of an attorney. When you hire our Seattle family lawyers, you can rest assured that:

• We will provide you with legal expertise to help you make important decisions
• We will help you and your spouse reach fair resolutions out of court
• We will aggressively fight to protect the legal rights of you and your children

Our primary goal is to help you achieve your goals. Whether you need help collecting child support, or you need to modify child support orders, we will be in your corner every step of the way. That’s why we offer a free initial consultation to understand exactly what you want to accomplish during and after your family law. Call us now to schedule your free initial consultation with one of our experienced family law attorneys.

Our compassionate and caring attorneys can also help you with the following family law matters:

• Protection orders
• Restraining orders
• Significant asset cases
• Complex cases
• Uncontested family law
• Collaborative family law
• Domestic Partnerships
• Gay family law

Call us now to discover how we will aggressively fight to protect the legal rights of you and your children. We offer low flat fees and affordable payment plans!