Can I get divorce by "Mutual Consent" in WA state? I do not want divorce by "irretrievably broken marriage".
Family Law Attorney
That language is on the mandatory state court forms and in the statutes as the basis for granting a dissolution: "When a party who (1) is a resident of this state, or (2) is a member of the armed forces and is stationed in this state, or (3) is married or in a domestic partnership to a party who is a resident of this state or who is a member of the armed forces and is stationed in this state, petitions for a dissolution of marriage or dissolution of domestic partnership, AND ALLEGES THAT THE MARRIAGE OR DOMESTIC PARTNERSHIP IS IRRETRIEVABLY BROKEN and when ninety days have elapsed since the petition was filed and from the date when service of summons was made upon the respondent or the first publication of summons was made, the court shall proceed as follows", then stating how the case will be completed if both parties agree, if it is contested, or if there is reconciliation. (RCW 26.09.030)
If the marriage weren't irretrievably broken, that would mean that the relationship is salvageable, in which case you wouldn't both be agreeing to a divorce.
Yes, you can get a divorce where both parties consent. See my AVVO Legal Guide on Uncontested Divorce. However, the petition for divorce (as well as the final decree) must state that the marriage is "irretrievably broken." Otherwise the court won't grant the divorce, no matter how much the two of you mutually want one.
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