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Seeking Divorce by Mutual Consent in WA

Port Angeles, WA |

Can I get divorce by "Mutual Consent" in WA state? I do not want divorce by "irretrievably broken marriage".

Attorney Answers 2


  1. 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.


  2. 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.

    This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes

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