Family Law FAQ for Washington
Answers to common questions about family law laws, costs, and procedures in Washington.
What is the statute of limitations for family law in Washington?
In Washington, the statute of limitations for family law cases is 90 days waiting period for divorce. This deadline is established under RCW § 26.09.030. Washington is a community property and no-fault divorce state. The 90-day waiting period runs from filing and service. Parenting plans are mandatory.
What courts handle family law cases in Washington?
Washington's court system for family law cases follows this hierarchy: Superior Courts (general jurisdiction) → Courts of Appeals (three divisions) → Supreme Court of Washington. The appropriate court depends on the monetary amount in controversy and the specific nature of your family law matter.
Does Washington require mandatory arbitration for family law?
Yes, Washington requires mandatory arbitration for certain family law cases. This means some disputes must go through arbitration before proceeding to trial, which can affect timelines and costs.
What are the filing fees for family law in Washington?
Civil filing fees in Washington typically range from $250-$400. The exact fee depends on the type of family law case, the court where you file, and whether additional motions are required. Contact the local clerk of court for the most current fee schedule.
Is Washington a community property state?
Washington follows an community property system. This means that most property acquired during marriage is considered jointly owned by both spouses, which affects division in divorce and estate planning.
Does Washington allow fault-based divorce?
Washington allows no-fault divorce only. This simplifies the divorce process by eliminating the need to prove wrongdoing by either spouse, though other factors still affect property division and custody outcomes.
What makes Washington's family law laws unique?
Washington is a community property state with no personal income tax but has a state estate tax with one of the lowest exemption thresholds in the nation. The state has mandatory arbitration for civil cases under $100,000 in many counties, and it was the first state to allow Licensed Legal Technicians (non-lawyers) to provide limited legal services. Additionally, regarding family law specifically: Washington is a community property and no-fault divorce state. The 90-day waiting period runs from filing and service. Parenting plans are mandatory. Understanding these unique aspects of Washington law is critical for anyone involved in a family law matter in the state.
How many lawyers practice family law in Washington?
Washington has approximately 28,000 active licensed attorneys. While not all specialize in family law, the state's legal market provides a range of options from solo practitioners to large firms. Washington has a mandatory (unified) bar, meaning all practicing attorneys must be members.
What are the CLE requirements in Washington?
Washington requires attorneys to complete 15 hours of continuing legal education (CLE) annually, including 2 hours of ethics. Washington requires 45 CLE credits every three years (15/yr average) including 6 credits of ethics over the period. The Washington State Bar Association is a unified mandatory bar and has pioneered limited license legal technician programs. This ensures that attorneys practicing family law in Washington stay current with legal developments.
Where can I check a Washington lawyer's disciplinary record?
You can verify a Washington attorney's standing and check for any disciplinary actions through the state bar's public discipline portal at https://www.wsba.org/for-the-public/file-a-grievance. It is always recommended to check an attorney's record before hiring them for your family law matter.
How can automation help with family law in Washington?
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Where can I find more information about Washington's bar association?
The Washington Bar Association website is available at https://www.wsba.org. This is the primary resource for finding licensed attorneys, understanding your rights, accessing legal aid programs, and learning about family law laws specific to Washington.
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