HB 2686
In CommitteeHouse
Marriage dissolution fee ex.
Exempting certain petitions for dissolution of marriage from the expense of filing and service of process.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill waives filing and service fees for individuals seeking a divorce if they were victims of domestic violence during the marriage—specifically, if a protection order was issued against their spouse or their spouse was charged with domestic violence. It also requires law enforcement to serve the divorce papers at no cost to the petitioner in those cases.
- A person filing for divorce will not have to pay any filing or service fees if, before filing, a full domestic violence protection order was issued against their spouse or their spouse was charged with a domestic violence crime.
- In qualifying cases, law enforcement must personally serve the divorce papers at no cost to the petitioner, making at least two attempts.
- The $54 filing fee for divorce petitions (with $48 going to the state domestic violence prevention account and $6 to local domestic violence services) does not apply in cases covered by the exemption.
- The $20 facilitator surcharge (allowed under RCW 26.12.260) also does not apply in qualifying cases.
- The county program required under RCW 26.12.260 must continue to provide services to all parties in divorce cases, including screening for domestic violence and referrals to support services.
- Sheriffs may not charge service fees for divorce papers in cases where the petitioner qualifies under the exemption.
Who is affected
- Victims of domestic violence seeking divorce — Individuals seeking a divorce (dissolution of marriage) who have experienced domestic violence and meet the criteria (e.g., a protection order against their spouse or a criminal charge against their spouse for domestic violence) will not have to pay filing or service fees.
- County sheriffs — County sheriffs will not be allowed to charge fees for personally serving divorce papers to respondents in cases where the petitioner qualifies under the domestic violence exemption.
- County clerks — County clerks will collect fewer filing and surcharge fees in cases where the domestic violence exemption applies, and must adjust their accounting accordingly.
- County governments — Counties may receive reduced revenue from domestic violence-related surcharges (e.g., the $54 filing fee and $20 facilitator surcharge) when the exemption applies, but must still maintain required domestic violence service programs.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (4)
The bill removes financial and procedural barriers to divorce for domestic violence victims by waiving all filing and service fees and requiring law enforcement to serve papers at no cost—this directly supports autonomy, safety, and legal agency for a highly vulnerable population who may otherwise be trapped in abusive marriages due to cost or fear of contact with the abuser.
Rights & LibertiesPeopleRef: Sec. 1(1); Sec. 1(2); Sec. 2(3); Sec. 3(2)(ii); Sec. 3(28); Sec. 5(1)(a); Sec. 5(3)By facilitating timely exit from abusive relationships, the bill supports improved mental and physical health outcomes—research shows domestic violence victims who leave have reduced rates of depression, PTSD, and chronic health conditions, and access to court-based support services (e.g., referrals, screening) is preserved under the bill.
HealthcarePeopleRef: Sec. 2(1); Sec. 2(3); Sec. 3(2)(ii); Sec. 3(28); Sec. 5(1)(a); Sec. 5(3)Victims of domestic violence often need to separate quickly to secure safe housing; removing financial barriers to divorce enables faster legal separation, facilitating access to housing programs (e.g., emergency shelter, transitional housing) that require proof of separation or divorce—this is especially critical for low-income individuals who cannot afford legal fees.
HousingPeopleRef: Sec. 2(1); Sec. 2(3); Sec. 3(2)(ii); Sec. 3(28); Sec. 5(1)(a); Sec. 5(3)The bill directly reduces out-of-pocket costs for qualifying victims—$54 filing fee + $20 facilitator surcharge + $10–$12 per defendant for service—totaling $84–$86 in immediate savings, which is substantial for low-income households (median household income in WA is ~$95K, but many DV victims earn far less).
FinancialPeopleRef: Sec. 2(1); Sec. 2(3); Sec. 3(2)(ii); Sec. 3(28); Sec. 5(1)(a); Sec. 5(3)
Potential Concerns (3)
The bill eliminates multiple fee streams (filing, facilitator surcharge, service) for qualifying domestic violence victims, reducing county revenue without state compensation—counties retain only $48 of the $54 filing fee when the exemption applies, and lose the $20 facilitator surcharge entirely, straining local budgets that rely on these funds to support domestic violence programs.
Local GovernmentPeopleRef: Sec. 1(2); Sec. 2(3); Sec. 3(2)(ii); Sec. 3(28); Sec. 4(5)(c); Sec. 5(1)(a); Sec. 5(3)While the bill improves access to divorce for victims, it imposes new mandatory service requirements on law enforcement (e.g., two attempts at personal service), which may divert limited sheriff resources from crime response and investigation—especially in rural or under-resourced counties where staffing is already constrained.
Public SafetyPeopleRef: Sec. 2(3) (as amended); Sec. 3(2)(ii); Sec. 3(28); Sec. 5(1)(a); Sec. 5(3)County clerks and sheriff’s office staff must retrain and reallocate time to implement new exemption verification and service protocols, increasing administrative burden and potentially slowing processing of other civil matters—though this does not directly affect private-sector employment, it strains local government capacity.
Business & EmploymentLean peopleRef: Sec. 2(3) (as amended); Sec. 3(2)(ii); Sec. 3(28); Sec. 5(1)(a); Sec. 5(3)
Who Is Most Affected
Victims of domestic violence—especially low-income, women, and marginalized groups (e.g., immigrants, people with disabilities)—gain direct financial and procedural relief, enabling safer and swifter exit from abusive marriages. The requirement for two service attempts by law enforcement reduces the risk of direct contact with the abuser during process service.
Counties face reduced revenue from filing and surcharge fees in qualifying cases, but are still required to maintain domestic violence service programs. While $48 of the $54 filing fee still flows to the state domestic violence prevention account, counties lose the $6 local retention and the $20 facilitator surcharge, straining already tight budgets—especially in counties with high DV caseloads.
Sheriffs lose authority to charge service fees for qualifying divorce cases, which may reduce local revenue and require reallocation of limited deputy time to serve papers—potentially diverting resources from crime response, especially in rural counties where sheriff’s offices are small and overburdened.
County clerks must adjust accounting and reporting for waived fees, but retain the $48 state remittance portion of the filing fee. The administrative burden is modest, but they must verify eligibility (e.g., reviewing protection orders or criminal charges) before waiving fees, which adds procedural steps.
Domestic violence service providers benefit from continued funding of the state domestic violence prevention account ($48 per qualifying case) and preserved county-level program requirements (e.g., screening, referrals), but may face pressure if county budgets are cut and local service funding is reduced.