Same-sex couples in Washington share the same legal rights and responsibilities as any other married couple. Divorce, however, can bring unique challenges—especially for those who were registered domestic partners before 2012, married in another state before Washington recognized marriage equality, or built families through adoption or assisted reproduction.
Washington law now fully protects LGBTQ+ spouses under RCW 26.04.010(3), which guarantees equal treatment in marriage and divorce. The process follows the same procedures outlined in RCW 26.09, but certain issues—such as parentage, retroactive community property, and recognition of out-of-state marriages—require specific experience and attention.
For many same-sex couples, property and family life began long before the law caught up. That means dividing assets or determining parentage may require tracing years of financial or caregiving history. Courts may apply principles from domestic partnerships, equitable property division, or de facto parentage to reach a fair outcome.
Parenting arrangements can also raise complex questions. Washington’s Uniform Parentage Act (RCW 26.26A) ensures that non-biological parents—when legally recognized or established as de facto parents—have the same rights as biological parents. Whether a family was formed through assisted reproduction, adoption, or surrogacy, the child’s stability and best interests remain central to every decision.
Divorce for LGBTQ+ couples is about fairness and clarity, not difference. With the right legal representation, you can resolve these matters with dignity, protect your children, and ensure that the life you built together is divided in a way that reflects the law and your contributions.
➡ For general information about divorce visit our page Divorce in Washington State
Divorce Process and Recognition
How does same-sex divorce work in Washington?
Same-sex divorces follow the same legal process as any other marriage under RCW 26.09.030. Courts apply identical rules for property, support, and parenting, regardless of gender or orientation. Washington was among the first states to ensure complete marriage equality under RCW 26.04.010(3).
What if we were married in another state or country—can we still divorce in Washington?
Yes. Washington recognizes valid marriages from other jurisdictions, including same-sex marriages performed before 2012 legalization here. You can file for divorce in any county where one spouse resides (RCW 26.04.020). Recognition ensures that property, parenting, and support can all be resolved under Washington law.
➡ For information about multi state divorce visit our FAQ Multi State Divorce
What happens if my spouse refuses to participate in the divorce?
If your spouse does not respond after being properly served, the court can enter a default judgment. Washington’s dissolution process requires notice and opportunity to respond, but it does not require both parties’ consent (CR 55; RCW 26.09.030).
Domestic Partnerships and Property Rights
What if we were registered domestic partners before marriage—does that affect property division?
Yes. Washington law treats property accumulated during a registered domestic partnership as community property, just like marriage. The combined duration of partnership and marriage can affect valuation and division under RCW 26.09.080.
How are property and retirement accounts divided in a same-sex divorce?
Community property laws apply equally to all marriages. Courts divide property and debts acquired during the marriage in a “just and equitable” manner, considering income, length of marriage, and contributions (RCW 26.09.080).
Does property acquired before same-sex marriage legalization count as community property?
It can, depending on when and how the property was earned. If the couple shared finances and functioned as a family unit before marriage, the court may recognize equitable interests under RCW 26.09.080 and the principles of Connell v. Francisco, 127 Wn.2d 339 (1995), which allow division of property in long-term committed intimate relationships.
➡For information about dividing property acquired before marriage visit our page Unmarried Couples and Committed Intimate Relationships
Parenting, Parentage, and Assisted Reproduction
➡ For more information about LGBT rights in child custody visit our FAQ page Child custody and LGBT families
How are parenting plans handled when both parents are not biologically related to the child?
Parenting plans are based on legal parentage, not biology. If both parents are legally recognized under Washington’s Uniform Parentage Act, they have equal rights and responsibilities (RCW 26.26A.100).
What if only one parent is legally recognized—can the other seek custody or visitation?
Possibly. Non-biological parents who have acted as consistent caregivers may establish parentage through RCW 26.26A.440, known as de facto parentage. Courts can grant parental rights if the relationship was parental in nature and in the child’s best interests (In re Parentage of L.B., 155 Wn.2d 679 (2005)).
➡For information about parental rights visit our page Father’s Rights and Parentage in Washignton State
How does Washington handle second parent adoption and surrogacy in same-sex divorces?
Adoption and surrogacy are governed by RCW 26.26A.605–.635. Courts focus on the child’s stability and the intent behind the assisted reproduction or adoption agreement. Both spouses’ legal parentage remains intact after divorce unless parental rights are separately terminated.
Spousal Support, Bias, and Fairness
➡ For information about spousal support see our FAQ Alimony and Spousal Support
Can I receive spousal maintenance (alimony) in a same-sex divorce?
Yes. Washington’s alimony statute, RCW 26.09.090, applies equally to all marriages. Courts consider income, duration, and each spouse’s ability to meet financial needs. Gender and orientation have no bearing on eligibility.
How do Washington courts address bias or discrimination in same-sex divorce cases?
Washington law prohibits discrimination based on sexual orientation or gender identity in all court proceedings (RCW 49.60.030; RCW 26.04.010(3)). Judicial officers are bound by the Code of Judicial Conduct to ensure impartial treatment.
Are there LGBTQ-friendly mediators or judges in Washington?
Yes. Washington has a strong network of mediators, evaluators, and judges experienced in LGBTQ+ family matters. Many counties maintain panels trained in inclusive practices under RCW 26.09.184(4), which encourages alternative dispute resolution before trial.
Multi-State and Federal Considerations
➡ For more information about multi state divorce see our FAQ Multi State and international Divorce
Will my Washington divorce be recognized in other states or countries?
Yes. Under the Full Faith and Credit Clause of the U.S. Constitution, other states must recognize Washington divorce decrees. International recognition depends on local laws, but most countries with marriage equality recognize Washington judgments (U.S. Const. art. IV, §1).
How does same-sex divorce affect federal benefits like Social Security or military pensions?
Once divorced, eligibility for federal spousal or survivor benefits follows standard federal rules. The Social Security Administration and Department of Defense now recognize same-sex marriages nationwide, consistent with United States v. Windsor, 570 U.S. 744 (2013).
Legal Representation and Privacy
Do I need an attorney who specifically understands LGBTQ+ family law?
It’s highly recommended. An attorney familiar with same-sex parentage, domestic partnerships, and pre-legalization property issues can prevent costly mistakes. LGBTQ+ family law involves nuances beyond ordinary divorce practice (RCW 26.26A; RCW 26.60).
How can I protect privacy during a same-sex divorce?
You may request sealed filings or redaction of sensitive information under GR 15(c). Attorneys can also use protective orders and confidentiality agreements to limit public access to personal or financial details.
How We Help You Move Forward
Our attorneys handle same-sex and LGBTQ+ family law matters with the same precision and professionalism that define every case we take. We understand the nuances of domestic partnerships, parentage, and property acquired before marriage equality.
Our work focuses on protecting what matters most—your family, your finances, and your peace of mind—so you can move forward with confidence and stability.
➡ For information about property division visit our FAQ Property Division in Divorce
Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, November 2025