Marriage dissolution fee ex.

AN ACT Relating to exempting certain petitions for dissolution of 1
marriage from the expense of filing and service of process; amending 2
RCW 26.12.260, 36.18.016, 36.18.020, and 36.18.040; and adding a new 3
section to chapter 26.09 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. A new section is added to chapter 26.09 6
RCW to read as follows: 7
(1) A petitioner may not be required to pay any fee or surcharge 8
for the filing of a petition for dissolution of marriage if at any 9
point during the marriage prior to the filing of the dissolution 10
petition: 11
(a) A full domestic violence protection order has been issued 12
against the spouse who is named as the respondent in the petition for 13
dissolution of marriage; or 14
(b) The respondent spouse has been charged with a crime of 15
domestic violence, as defined in RCW 10.99.020. 16
(2) Upon request of the petitioner and at no cost to the 17
petitioner, personal service of the summons and petition for 18
dissolution of marriage must be made by law enforcement, including, 19
at a minimum, two timely attempts at personal service, if at any 20
H-3122.1
HOUSE BILL 2686
State of Washington 69th Legislature 2026 Regular Session
By Representative Davis
Read first time 01/27/26. Referred to Committee on Appropriations.
p. 1 HB 2686
point during the marriage prior to the filing of the dissolution 1
petition: 2
(a) A full domestic violence protection order has been issued 3
against the spouse who is named as the respondent in the petition for 4
dissolution of marriage; or 5
(b) The respondent spouse has been charged with a crime of 6
domestic violence, as defined in RCW 10.99.020. 7
Sec. 2. RCW 26.12.260 and 2021 c 215 s 136 are each amended to 8
read as follows: 9
(1) After July 1, 2009, but no later than November 1, 2009, a 10
county may, and to the extent state funding is provided to meet the 11
minimum requirements of the program a county shall, create a program 12
to provide services to all parties involved in proceedings under 13
chapter 26.09 RCW. Minimum components of this program shall include: 14
(a) An individual to serve as an initial point of contact for parties 15
filing petitions for dissolutions or legal separations under chapter 16
26.09 RCW; (b) informing parties about courthouse facilitation 17
programs and orientations; (c) informing parties of alternatives to 18
filing a dissolution petition, such as marriage or domestic 19
partnership counseling; (d) informing parties of alternatives to 20
litigation including counseling, legal separation, and mediation 21
services if appropriate; (e) informing parties of supportive family 22
services available in the community; (f) screening for referral for 23
services in the areas of domestic violence as defined in RCW 24
7.105.010, child abuse, substance abuse, and mental health; and (g) 25
assistance to the court in superior court cases filed under chapter 26
26.09 RCW. 27
(2) This program shall not provide legal advice. No attorney-28
client relationship or privilege is created, by implication or by 29
inference, between persons providing basic information under this 30
section and the participants in the program. 31
(3) ((The)) Except as provided in section 1 of this act, the 32
legislative authority of any county may impose user fees or may 33
impose a surcharge of up to ((twenty dollars )) $20 on only those 34
superior court cases filed under this title, or both, to pay for the 35
expenses of this program. Fees collected under this section shall be 36
collected and deposited in the same manner as other county funds are 37
collected and deposited, and shall be maintained in a separate 38
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account to be used as provided in this section. The program shall 1
provide services to indigent persons at no expense.2
(4) Persons who implement the program shall be appointed in the 3
same manner as investigators, stenographers, and clerks as described 4
in RCW 26.12.050. 5
(5) If the county has a program under this section, any petition 6
under RCW 26.09.020 must allege that the moving party met and 7
conferred with the program prior to the filing of the petition.8
(6) If the county has a program under this section, parties shall 9
meet and confer with the program prior to participation in mediation 10
under RCW 26.09.016. 11
Sec. 3. RCW 36.18.016 and 2022 c 29 s 12 are each amended to 12
read as follows: 13
(1) Revenue collected under this section is not subject to 14
division under RCW 36.18.025 or 27.24.070. 15
(2)(a) For the filing of a petition for modification of a decree 16
of dissolution or paternity, within the same case as the original 17
action, and any party filing a counterclaim, cross-claim, or third-18
party claim in any such action, a fee of $36 must be paid.19
(b)(i) The party filing the first or initial petition for 20
dissolution, legal separation, or declaration concerning the validity 21
of marriage shall pay, at the time and in addition to the filing fee 22
required under RCW 36.18.020, a fee of $54. The clerk of the superior 23
court shall transmit monthly $48 of the $54 fee collected under this 24
subsection to the state treasury for deposit in the domestic violence 25
prevention account. The remaining ((six dollars )) $6 shall be 26
retained by the county for the purpose of supporting community-based 27
domestic violence services within the county, except for five percent 28
of the ((six dollars )) $6, which may be retained by the court for 29
administrative purposes. On or before December 15th of each year, the 30
county shall report to the department of social and health services 31
revenues associated with this section and community-based domestic 32
violence services expenditures. The department of social and health 33
services shall develop a reporting form to be utilized by counties 34
for uniform reporting purposes. 35
(ii) The filing fee in (b)(i) of this subsection does not apply 36
to a petition for dissolution of marriage filed under the 37
circumstances specified in section 1 of this act.38
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(3)(a) The party making a demand for a jury of six in a civil 1
action shall pay, at the time, a fee of $125; if the demand is for a 2
jury of 12, a fee of $250. If, after the party demands a jury of six 3
and pays the required fee, any other party to the action requests a 4
jury of 12, an additional $125 fee will be required of the party 5
demanding the increased number of jurors. 6
(b) Upon conviction in criminal cases a jury demand charge of 7
$125 for a jury of six, or $250 for a jury of 12 may be imposed as 8
costs under RCW 10.46.190. 9
(4) For preparing a certified copy of an instrument on file or of 10
record in the clerk's office, for the first page or portion of the 11
first page, a fee of ((five dollars )) $5, and for each additional 12
page or portion of a page, a fee of ((one dollar )) $1 must be 13
charged. For authenticating or exemplifying an instrument, a fee of 14
((two dollars)) $2 for each additional seal affixed must be charged. 15
For preparing a copy of an instrument on file or of record in the 16
clerk's office without a seal, a fee of 50 cents per page must be 17
charged. When copying a document without a seal or file that is in an 18
electronic format, a fee of 25 cents per page must be charged. For 19
copies made on a compact disc, an additional fee of $20 for each 20
compact disc must be charged. 21
(5) For executing a certificate, with or without a seal, a fee of 22
((two dollars)) $2 must be charged. 23
(6) For a garnishee defendant named in an affidavit for 24
garnishment and for a writ of attachment, a fee of $20 must be 25
charged. 26
(7) For filing a supplemental proceeding, a fee of $20 must be 27
charged. 28
(8) For approving a bond, including justification on the bond, in 29
other than civil actions and probate proceedings, a fee of ((two 30
dollars)) $2 must be charged. 31
(9) For the issuance of a certificate of qualification and a 32
certified copy of letters of administration, letters testamentary, or 33
letters of guardianship, there must be a fee of ((five dollars)) $5.34
(10) For the preparation of a passport application, the clerk may 35
collect an execution fee as authorized by the federal government.36
(11) For clerk's services such as performing historical searches, 37
compiling statistical reports, and conducting exceptional record 38
searches, the clerk may collect a fee not to exceed $30 per hour.39
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(12) For processing ex parte orders, the clerk may collect a fee 1
of $30. 2
(13) For duplicated recordings of court's proceedings there must 3
be a fee of $10 for each audiotape and $25 for each video or other 4
electronic storage medium. 5
(14) ((For registration of land titles, Torrens Act, under RCW 6
65.12.780, a fee of $20 must be charged.7
(15))) For the issuance of extension of judgment under RCW 8
6.17.020 and chapter 9.94A RCW, a fee of $200 must be charged. When 9
the extension of judgment is at the request of the clerk, the $200 10
charge may be imposed as court costs under RCW 10.46.190.11
(((16))) (15) A facilitator surcharge of up to $20 must be 12
charged as authorized under RCW 26.12.240. 13
(((17))) (16) For filing an adjudication claim under RCW 14
90.03.180, a fee of $25 must be charged. 15
(((18))) (17) For filing a claim of frivolous lien under RCW 16
60.04.081 or 60.90.130 or filing an action to release a lien under 17
RCW 60.90.090 and 60.90.140, a fee of $35 must be charged.18
(((19))) (18) For preparation of a change of venue, a fee of $20 19
must be charged by the originating court in addition to the per page 20
charges in subsection (4) of this section. 21
(((20))) (19) A service fee of ((five dollars)) $5 for the first 22
page and ((one dollar )) $1 for each additional page must be charged 23
for receiving faxed documents, pursuant to Washington state rules of 24
court, general rule 17. 25
(((21))) (20) For preparation of clerk's papers under RAP 9.7, a 26
fee of 50 cents per page must be charged. 27
(((22))) (21) For copies and reports produced at the local level 28
as permitted by RCW 2.68.020 and supreme court policy, a variable fee 29
must be charged. 30
(((23))) (22) Investment service charge and earnings under RCW 31
36.48.090 must be charged. 32
(((24))) (23) Costs for nonstatutory services rendered by clerk 33
by authority of local ordinance or policy must be charged.34
(((25))) (24) For filing a request for civil arbitration, a 35
filing fee may be assessed against the party filing a statement of 36
arbitrability not to exceed $250 as established by authority of local 37
ordinance. $220 of this charge shall be used to offset the cost of 38
the civil arbitration program. $30 of each fee collected under this 39
subsection must be used for indigent defense services.40
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(((26))) (25) For filing a request for trial de novo of a civil 1
arbitration award, a fee not to exceed $400 as established by 2
authority of local ordinance must be charged. 3
(((27))) (26) A public agency may not charge a fee to a law 4
enforcement agency, for preparation, copying, or mailing of certified 5
copies of the judgment and sentence, information, affidavit of 6
probable cause, and/or the notice of requirement to register, of a 7
sex offender convicted in a Washington court, when such records are 8
necessary for risk assessment, preparation of a case for failure to 9
register, or maintenance of a sex offender's registration file.10
(((28))) (27) For the filing of a will or codicil under the 11
provisions of chapter 11.12 RCW, a fee of $20 must be charged.12
(((29))) (28) A surcharge of up to $20 may be charged in 13
dissolution and legal separation actions as authorized by RCW 14
26.12.260. The surcharge may not be charged for a petition for 15
dissolution of marriage filed under the circumstances specified in 16
section 1 of this act.17
The revenue to counties from the fees established in this section 18
shall be deemed to be complete reimbursement from the state for the 19
state's share of benefits paid to the superior court judges of the 20
state prior to July 24, 2005, and no claim shall lie against the 21
state for such benefits. 22
Sec. 4. RCW 36.18.020 and 2025 c 357 s 1 are each amended to 23
read as follows: 24
(1) Revenue collected under this section is subject to division 25
with the state under RCW 36.18.025 and with the county or regional 26
law library fund under RCW 27.24.070, except as provided in 27
subsections (5) and (6) of this section. 28
(2) Clerks of superior courts shall collect the following fees 29
for their official services: 30
(a) In addition to any other fee required by law, the party 31
filing the first or initial document in any civil action, including, 32
but not limited to an action for restitution, adoption, or change of 33
name, and any party filing a counterclaim, cross-claim, or third-34
party claim in any such civil action, shall pay, at the time the 35
document is filed, a fee of $200 except((, in)):36
(i) In an unlawful detainer action under chapter 59.18 or 59.20 37
RCW for which the plaintiff shall pay a case initiating filing fee of 38
$45((, or in )). The $45 filing fee under this subsection for an 39
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unlawful detainer action shall not include an order to show cause or 1
any other order or judgment except a default order or default 2
judgment in an unlawful detainer action; 3
(ii) In proceedings filed under RCW 28A.225.030 alleging a 4
violation of the compulsory attendance laws where the petitioner 5
shall not pay a filing fee ((. The $45 filing fee under this 6
subsection for an unlawful detainer action shall not include an order 7
to show cause or any other order or judgment except a default order 8
or default judgment in an unlawful detainer action)); or9
(iii) In a dissolution of marriage action where the petitioner 10
shall not pay a filing fee if the petition for dissolution of 11
marriage is filed under the circumstances provided in section 1 of 12
this act. 13
(b) Any party, except a defendant in a criminal case, filing the 14
first or initial document on an appeal from a court of limited 15
jurisdiction or any party on any civil appeal, shall pay, when the 16
document is filed, a fee of $200. 17
(c) For filing of a petition for judicial review as required 18
under RCW 34.05.514 a filing fee of $200. 19
(d) For filing of a petition for an antiharassment protection 20
order under RCW 7.105.100 a filing fee of $53. 21
(e) For filing the notice of debt due for the compensation of a 22
crime victim under RCW 7.68.120(2)(a) a fee of $200.23
(f) In probate proceedings, the party instituting such 24
proceedings, shall pay at the time of filing the first document 25
therein, a fee of $200. 26
(g) For filing any petition to contest a will admitted to probate 27
or a petition to admit a will which has been rejected, or a petition 28
objecting to a written agreement or memorandum as provided in RCW 29
11.96A.220, there shall be paid a fee of $200. 30
(h) Upon conviction or plea of guilty, upon failure to prosecute 31
an appeal from a court of limited jurisdiction as provided by law, or 32
upon affirmance of a conviction by a court of limited jurisdiction, 33
an adult defendant in a criminal case shall be liable for a fee of 34
((two hundred dollars)) $200, except this fee shall not be imposed on 35
a defendant who is indigent as defined in RCW 10.01.160(3). Upon 36
motion by the defendant, the court may waive or reduce any fee 37
previously imposed under this subsection if the court finds that the 38
defendant is indigent as defined in RCW 10.01.160(3).39
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(i) No fee shall be assessed if an order of dismissal on the 1
clerk's record be filed as provided by rule of the supreme court.2
(3) No fee shall be collected when a petition for relinquishment 3
of parental rights is filed pursuant to RCW 26.33.080 or for forms 4
and instructional brochures provided under RCW 7.105.115.5
(4) No fee shall be collected when an abstract of judgment is 6
filed by the county clerk of another county for the purposes of 7
collection of legal financial obligations. 8
(5)(a) In addition to the fees required to be collected under 9
this section, clerks of the superior courts must collect surcharges 10
as provided in this subsection (5) of which 75 percent must be 11
remitted to the state treasurer for deposit in the judicial 12
stabilization trust account and 25 percent must be retained by the 13
county. 14
(b) On filing fees required to be collected under subsection 15
(2)(b) of this section, a surcharge of $30 must be collected.16
(c) On all filing fees required to be collected under this 17
section, except for fees required under subsection (2)(b), (d), and 18
(h) of this section and except as provided in section 1 of this act , 19
a surcharge of $40 must be collected. 20
(6) On filing fees required to be collected under subsection 21
(2)(a), (b), (c), (e), (f), and (g) of this section, except as 22
provided in section 1 of this act, a surcharge of $50 must be 23
collected and $45 of such surcharge must be transmitted by the county 24
treasurer to the state treasurer to be deposited in the following 25
manner: $20 in the Washington state legacy project, state library, 26
and archives account and $25 in the judicial stabilization trust 27
account. The remaining funds must be retained by the county to be 28
used for the county clerk's office operations, including 29
administering the surcharge. 30
Sec. 5. RCW 36.18.040 and 2015 c 265 s 29 are each amended to 31
read as follows: 32
(1) Sheriffs shall collect the following fees for their official 33
services: 34
(a) For service of each summons and complaint, notice and 35
complaint, summons and petition, and notice of small claim on one 36
defendant at any location, ((ten dollars )) $10, and on two or more 37
defendants at the same residence, ((twelve dollars )) $12, besides 38
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mileage. The sheriff may not collect a fee for service of summons and 1
petition pursuant to section 1 of this act; 2
(b) For making a return, besides mileage actually traveled, 3
((seven dollars)) $7; 4
(c) For levying each writ of attachment or writ of execution upon 5
real or personal property, besides mileage, ((thirty dollars )) $30 6
per hour; 7
(d) For filing copy of writ of attachment or writ of execution 8
with auditor, ((ten dollars)) $10 plus auditor's filing fee;9
(e) For serving writ of possession or restitution without aid of 10
the county, besides mileage, ((twenty-five dollars)) $25;11
(f) For serving writ of possession or restitution with aid of the 12
county, besides mileage, ((forty dollars )) $40 plus ((thirty 13
dollars)) $30 for each hour after one hour; 14
(g) For serving an arrest warrant in any action or proceeding, 15
besides mileage, ((thirty dollars)) $30; 16
(h) For executing any other writ or process in a civil action or 17
proceeding, besides mileage, ((thirty dollars)) $30 per hour;18
(i) For each mile actually and necessarily traveled in going to 19
or returning from any place of service, or attempted service, 20
((thirty-five)) 35 cents; 21
(j) For making a deed to lands sold upon execution or order of 22
sale or other decree of court, to be paid by the purchaser, ((thirty 23
dollars)) $35; 24
(k) For making copies of papers when sufficient copies are not 25
furnished, ((one dollar )) $1 for first page and ((fifty)) 50 cents 26
per each additional page; 27
(l) For the service of any other document and supporting papers 28
for which no other fee is provided for herein, ((twelve dollars )) 29
$12; 30
(m) For posting a notice of sale, or postponement, ((ten 31
dollars)) $10 besides mileage; 32
(n) For certificate or bill of sale of property, or certificate 33
of redemption, ((thirty dollars)) $30; 34
(o) For conducting a sale of property, ((thirty dollars)) $30 per 35
hour spent at a sheriff's sale; 36
(p) For notarizing documents, ((five dollars )) $5 for each 37
document; 38
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(q) For fingerprinting for noncriminal purposes, ((ten dollars )) 1
$10 for each person for up to two sets, ((three dollars)) $3 for each 2
additional set; 3
(r) For mailing required by statute, whether regular, certified, 4
or registered, the actual cost of postage; 5
(s) For an internal criminal history records check, ((ten 6
dollars)) $10; 7
(t) For the reproduction of audio, visual, or photographic 8
material, to include magnetic microfilming, the actual cost including 9
personnel time. 10
(2) Fees allowable under this section may be recovered by the 11
prevailing party incurring the same as court costs. Nothing contained 12
in this section permits the expenditure of public funds to defray 13
costs of private litigation. Such costs shall be borne by the party 14
seeking action by the sheriff, and may be recovered from the proceeds 15
of any subsequent judicial sale, or may be added to any judgment upon 16
proper application to the court entering the judgment.17
(3) Notwithstanding subsection (1) of this section, a county 18
legislative authority may set the amounts of fees that shall be 19
collected by the sheriff under subsection (1) of this section to 20
cover the costs of administration and operation , except that the 21
sheriff may not collect any fee for service of summons and petition 22
pursuant to section 1 of this act. 23
(4) The fines imposed by this section do not apply to juvenile 24
offenders. 25
--- END ---
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