Divorce, Custody & Support

Ending a marriage or restructuring a family is one of the most legally and personally significant events in a person's life. Washington law gives courts broad authority to divide property, establish parenting arrangements, and set support, but the outcomes in any individual case depend heavily on facts, strategy, and preparation. At the Law Office of Chad Foster, we handle family law matters for people in King and Snohomish Counties, including Seattle, Bellevue, Bothell, and Everett.

On this page:

Divorce & Legal Separation

Washington calls divorce "dissolution of marriage," and it is governed primarily by Chapter 26.09 of the Revised Code of Washington (RCW). The state is a pure no-fault jurisdiction, meaning neither spouse has to prove wrongdoing. The only basis for dissolution is that the marriage is "irretrievably broken" (RCW 26.09.030). No minimum residency period is required; one spouse simply must be a Washington resident, or a military member stationed here, at the time of filing.

Once a petition is filed and served, the court cannot finalize the dissolution for at least 90 days (RCW 26.09.030). That waiting period can be used productively to negotiate settlement terms, complete financial disclosures, and, where appropriate, pursue mediation or a collaborative process.

Property Division

Washington is a community property state, meaning assets and debts acquired during the marriage are generally presumed to belong equally to both spouses. However, Washington does not mandate an equal split. Under RCW 26.09.080, the court divides all property, whether community or separate, in a way that is "just and equitable," considering four statutory factors:

  • The nature and extent of the community property
  • The nature and extent of each spouse's separate property
  • The duration of the marriage
  • The economic circumstances of each spouse at the time of division, including who will primarily house the children

Importantly, the court is directed to make this division "without regard to misconduct," meaning fault is not a factor in dividing assets or debts.

Spousal Maintenance

Washington's term for alimony is "spousal maintenance." There is no formula. Under RCW 26.09.090, the court has broad discretion to order maintenance in an amount and duration it finds just, after weighing six statutory factors: the requesting spouse's financial resources; the time and cost of education or retraining needed for appropriate employment; the standard of living during the marriage; the length of the marriage; the requesting spouse's age, health, and financial obligations; and the paying spouse's ability to meet their own needs while paying maintenance. In 2024, the Washington Supreme Court confirmed that financial need must be considered among the statutory factors but need not be proven as a prerequisite to a maintenance award (In re Marriage of Wilcox, No. 102401-1 (Wash. 2024)).

Our dissolution services include:

Child Custody & Visitation

Washington does not use the term "custody" in the traditional sense. Instead, courts establish a parenting plan, which is a court order that sets out where children live, how decisions are made for them, and how disputes between parents are resolved (RCW 26.09.181). Every dissolution involving minor children requires a parenting plan.

The Best Interests Standard

All parenting plan decisions are governed by the best interests of the child. Under RCW 26.09.187, courts evaluate seven specific factors when determining a child's residential schedule. The single most heavily weighted factor is the strength, nature, and stability of the child's relationship with each parent, including which parent has historically taken primary responsibility for daily caregiving. Other factors include each parent's past and future capacity for performing parenting functions, the child's emotional needs and developmental stage, the child's relationship with siblings and other significant people, the child's ties to school and community, and the reasonable preferences of a child mature enough to express them.

There is no presumption in favor of equal time or either parent. Courts have wide discretion to craft schedules that fit the specific circumstances of each family.

Limitations on Parenting Time

Under RCW 26.09.191, certain findings, such as domestic violence, child abuse, neglect, or a parent's substance abuse problem, can limit or restrict a parent's residential time and decision-making authority. If your situation involves domestic violence or you need a protection order, we can help with that as well. See our Protection Orders page.

Relocation

If a parent with primary residential time plans to move, Washington's relocation statute (RCW 26.09.405 through 26.09.560) requires advance written notice to the other parent and allows the non-relocating parent to object. Courts then evaluate a separate set of statutory factors specific to relocation, and the outcome can significantly affect existing parenting arrangements.

Our custody services include:

  • Drafting and negotiating parenting plans and residential schedules
  • Modifying existing parenting plans based on changed circumstances
  • Relocation matters
  • Grandparent and nonparent visitation (RCW 26.11)
  • Emergency custody motions
  • Paternity establishment

Child Support

Child support in Washington is calculated using a statutory formula found in Chapter 26.19 RCW, known as the Washington State Child Support Schedule. The schedule uses a worksheets-and-economic-table approach that starts with each parent's net monthly income, combines them, and assigns a basic monthly support obligation based on the number and ages of the children. Each parent's share of that obligation is then proportioned to their share of the combined income.

Under RCW 26.19.020, the economic table is presumptive for combined net monthly incomes up to $50,000 per month (a threshold updated effective January 1, 2026, by 2025 c. 272). Courts may exceed that amount with written findings of fact. The base support obligation does not include health insurance costs or certain additional expenses such as child care and long-distance transportation for visitation; those are allocated separately in proportion to each parent's income share (Chapter 26.19 RCW).

Deviation from the Standard Calculation

The presumptive amount is a starting point, not a ceiling or a floor. Either parent can ask the court to deviate based on factors such as shared residential time, the child's special needs, the income or assets of a new household, or other relevant circumstances. Any deviation requires written findings of fact explaining the basis.

Modification

Child support orders are modifiable when there has been a substantial change in circumstances, such as a significant change in either parent's income, a change in the child's residential schedule, or a change in the child's health care needs. Washington also allows for administrative adjustment reviews through the Division of Child Support.

Our child support services include:

  • Calculating standard support obligations and evaluating deviation arguments
  • Establishing initial child support orders
  • Modifying support based on changed circumstances
  • Enforcing support orders, including through the Division of Child Support
  • Addressing arrears, liens, and payment disputes

Get Started

Family law matters move on court timelines, and early preparation matters. Whether you are considering divorce, facing a custody dispute, or need to modify an existing order, contact the Law Office of Chad Foster to schedule a consultation.

Call us at 425.785.8679 or email help@ChadAtLaw.com.