Mediation is a way of reaching agreement; the court process is how that agreement becomes final. In Washington, couples can mediate every issue in their divorce — property, debts, spousal maintenance, child support, and the parenting plan — and then file agreed orders with the court.
This guide explains the parts of Washington law that most often shape a mediated divorce. It is general information, not legal advice. Crossroads Neutral is not a law firm, and we encourage each spouse to consult their own attorney about their rights.
The basics of a Washington divorce
- No-fault. Washington is a no-fault state. The legal question is whether the marriage is irretrievably broken, not who is to blame.
- Residency. The spouse who files generally must live in Washington (or be a service member stationed here). There is no minimum length of residence to file, although other rules can affect what the court can decide.
- 90-day waiting period. A final divorce cannot be entered until at least 90 days after the petition is filed and the other spouse is served or joins the petition. Many couples use that time to mediate.
- Agreed cases. When spouses agree on everything, the case can usually be finalized without a trial. Procedures vary by county; King County has its own local rules.
Property and debt: community property, divided "justly and equitably"
Washington is a community property state. In general, what either spouse earned or acquired during the marriage is community property, and what was owned before the marriage — or received by gift or inheritance — is separate property. But when a court divides property, it considers all of it, community and separate, and aims for a division that is "just and equitable" in light of the circumstances, including the length of the marriage and each spouse's economic position afterward.
In mediation, you are not bound to the exact split a judge might order. You can trade assets, structure buyouts over time, and account for things a court might handle less precisely. Character questions — which part of a 401(k), a house, or a stock grant is community and which is separate — are often where the real work is. For more, see high-asset divorce mediation and dividing equity compensation.
Spousal maintenance
Washington calls spousal support "maintenance." There is no statewide formula. Courts weigh factors such as the length of the marriage, each spouse's financial resources and earning capacity, the standard of living during the marriage, and the time needed for the spouse seeking support to become self-supporting. That flexibility is one reason maintenance is well suited to mediation: you can tailor the amount, duration, and form — including a lump sum or a larger share of property in place of monthly payments.
Under current federal tax law, maintenance paid under agreements made after 2018 is generally not deductible by the payer or taxable to the recipient. Your tax adviser can confirm how this applies to you.
Child support
Washington child support is calculated using the Washington State Child Support Schedule and its worksheets, based mainly on both parents' incomes and the number and ages of the children. Parents can agree to deviate from the standard calculation in some circumstances, but the court must approve the reasons. In mediation we help you gather the income information the worksheets need — which can take care when income includes bonuses, RSUs, or business distributions — and work through extras such as childcare, activities, and post-secondary education.
Parenting plans
When there are minor children, Washington requires a parenting plan. It covers the residential schedule, holidays and school breaks, how major decisions about education, healthcare, and religious upbringing are made, and how disagreements will be resolved in future. Many counties also require parents to complete a parenting seminar. See our parenting plan service for how we build plans that fit real family life.
Washington law limits parenting arrangements where there is a history of domestic violence, abuse, or similar concerns, and mediation is not appropriate in every case. Read can high-conflict couples use mediation?
Confidentiality
Washington has adopted the Uniform Mediation Act, which generally makes mediation communications privileged and confidential, subject to limited exceptions (for example, threats of harm or evidence of child abuse). What you discuss in mediation generally cannot later be used against you in court.
From agreement to final orders
A mediated divorce in Washington typically moves through these stages:
- One spouse (or both jointly) files a petition, and the 90-day period begins once the other spouse is served or joins.
- You mediate: exchange financial information, then work through property, debt, maintenance, child support, and the parenting plan.
- The agreements are written up — see settlement drafting — and each spouse can have an attorney review them.
- The agreed final orders (typically findings and conclusions, the final divorce order, and where there are children, the final parenting plan and child support order with worksheets) are filed with the court.
- Once the 90 days have passed and the court signs the orders, the divorce is final.
Some couples mediate before anyone files; others start mediating after a case is already underway. Either works.
This page is general information, not legal, tax, or financial advice. Crossroads Neutral, LLC is not a law firm. Laws change and every situation is different — please consult a licensed attorney about your rights and obligations.
