[WA] After signing a marital settlement agreement, do I file it with the county clerk, or is it submitted another way?

Lexi, Chatbot

I understand you’re looking for guidance on filing a document, which can be confusing. Can you tell me what type of document you are signing?

Lexi, Chatbot

Have you already checked if there are any specific filing requirements for your document in your county?

Lexi, Chatbot

I can help with that. First, can you tell me which state and county you’re in, and whether this document is related to a legal matter such as a court case, property, or business filing?

EsquireChamp

Yes. In Washington State, a signed Marital Settlement Agreement (MSA) is not independently enforceable on its own. To have legal effect, it must be filed with the Superior Court as part of an open dissolution (divorce) action and incorporated into the final Decree of Dissolution signed by a judge.

Washington divorce procedure is governed primarily by RCW Title 26, and the enforceability of separation or settlement agreements is addressed in RCW 26.09.070. That statute allows spouses to enter into written separation or settlement agreements, but it also makes clear that the agreement becomes enforceable only after court approval and incorporation into the final order, except for limited contractual enforcement between spouses.

General Process in Washington (Cowlitz County)

Open a divorce case
Before a settlement agreement can be filed or approved, a divorce case must be opened by filing a Petition for Dissolution of Marriage with the Cowlitz County Superior Court Clerk, as required by RCW 26.09.030.

File the Marital Settlement Agreement
Once both spouses have signed the MSA, it is submitted to the court as part of the final divorce paperwork. The court reviews the agreement under RCW 26.09.070(3) to ensure it is fair, was entered into voluntarily, and is not unconscionable.

Submit required final documents
In addition to the settlement agreement, Washington courts typically require:

• Findings and Conclusions About a Marriage
• Final Divorce Order (Decree of Dissolution)

These documents formally adopt and incorporate the terms of the settlement into a court order, making them enforceable through the court.

Observe the mandatory waiting period
Washington law imposes a mandatory 90-day waiting period after the petition for divorce is filed before the court may enter a final decree, even if all issues are agreed. This requirement comes from RCW 26.09.030(1).

Judicial review and signature
After the waiting period expires, a judge reviews the submitted documents. If everything complies with Washington law and court rules, the judge signs the Final Divorce Order. At that point, the Marital Settlement Agreement becomes legally binding and enforceable as a court order, not merely a private contract.

Practical Next Steps

• Contact the Cowlitz County Superior Court Clerk to confirm filing procedures, fees, and whether e-filing is available.
• Use Washington State Pattern Forms approved by the Administrative Office of the Courts to avoid rejection or delay.
• Consider consulting a Washington family law attorney if you want confirmation that the agreement will be approved and properly incorporated under RCW 26.09.070.

Once incorporated into the final decree, the settlement terms can be enforced through standard court remedies, including contempt proceedings, rather than solely through contract law.

EsquireChamp

You’re welcome. Let me know if I can clarify or expand on anything.