Are there any defenses to a divorce action?

Yes, there are certain defenses to a divorce action in Washington. Generally, the grounds for getting divorced in Washington are “irreconcilable differences” or an allegation of one party’s mental incapacity. However, the other party can defend themselves against those accusations. In the case of a divorce based on "irreconcilable differences," the party accused of causing the divorce may argue that they have been faithful in their marriage and the breakdown of the marriage was not their fault. They may also argue that they have done everything possible to save the marriage. In the case of a divorce based on one party’s mental incapacity, the party accused of this must prove that they are not mentally incapacitated. The other party may also argue that they are not aware of the incapacity, or that it does not exist. The court may also consider if it is in the best interest of both parties to stay married. In some cases, the court may decide that the couple should remain married and attempt to reconcile. In addition, if the couple has minor children, the court may consider the best interests of the children when deciding whether to grant a divorce. The court may decide that it is in the best interest of the children to remain in the family unit, making it more difficult to grant a divorce.

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Are there any defenses to a divorce action?

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