Legal separation is very similar to divorce, however, in the end, you're still legally married. Although this concept seems like it would be ideal, you must remember that since you're still married, you must obtain a formal divorce before you remarry in the future.
Additionally, if your spouse accrues debt during the separation, it's possible you could be responsible, depending on the circumstances. RCWA Legal separation isn't a step towards divorce. Instead, it's an alternative. Both legal separation and divorce will divide assets, create a parenting plan, and assign financial responsibility to each spouse.
That said, only divorce terminates your marriage, but that might be beneficial if you're considering reconciliation with your spouse after your separation. Couples who wish to resume living as a married couple, even after the judge finalizes a legal separation, only need to ask the court to terminate the arrangement to be legally married again. For some couples, a legal separation is the only way to preserve valuable tax or federal benefits, like social security, and health insurance, which is often the only reason some people stay married.
A legal separation will also provide troubled families with the space needed to restore stability for the children, all while allowing each spouse to resume living independently from the other.
The process for legal separation in Washington is virtually the same as divorce, meaning if you can meet the state's divorce requirements , and both spouses agree to the legal separation, the court will honor your wishes. The process begins when either spouse files a petition request with the local court. You'll need to meet Washington's residency requirement, meaning at least one spouse is a resident in the state at the time the petition for separation is filed.
Next, you'll need to provide a reason—or, grounds—for your request. Washington is a strict no-fault divorce state , so the only acceptable ground for divorce or separation is that your marriage is irretrievably broken. There's a mandatory waiting period of 90 days from the time you file until the judge can act on your case. Couples should use this time to negotiate the terms of the separation, including property division, financial issues, and child custody.
If there are still disputed issues, the judge will decide for you. Once the judge finalizes your legal separation, you must wait six months before asking the court to convert it to a formal divorce. Much like the dissolution of marriage process, the legal separation process begins with the filing of a petition.
The difference between the two petitions is that one asks for the court to dissolve the marriage, while the other requests that the parties be declared legally separated. The legal separation process includes the same phases as dissolution process: filing of initial pleadings, temporary orders in some cases , discovery, sometimes mediation or arbitration, and finally, if the parties cannot otherwise agree, a trial.
Also like the dissolution process, the legal separation process culminates with a decree and other associated orders. One major difference between the legal separation and dissolution of marriage processes is that in the dissolution of marriage process there is a ninety day waiting period.
This means that ninety days from the date of the filing of the petition have to pass before the dissolution can be finalized. There is no waiting period for a legal separation. Another important difference is that at the end of the legal separation process, parties are still married. Use the court's form to schedule hearings, if there is one; otherwise use the Notice of Hearing , form FL All Family Note: Additional documents may be required by local county superior court rules. Your county may also have a courthouse facilitator who cannot provide legal advice, but who can offer limited assistance in completing necessary paperwork.
This list of forms is not legal advice and is provided only for reference purposes. Washington State Administrative Office of the Courts.
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