Steps to Legal Separation in WashingtonAdmin
In short, both options change your legal status and have some similarities. However, unlike divorcees, legally separated spouses remain married and can enjoy many of the benefits that their marriage has granted them. On the other hand, divorcees can remarry and have no legal relationship with their spouse. If you file for legal separation, but your spouse files counter-petitions for divorce, the court will likely grant the divorce. To divorce, a spouse just needs to show that you have irreconcilable differences. This means that there is no hope that you will return together. The main difference is that in the event of legal separation, the legal relationship between the parties is not dissolved as in the case of a divorce. After the divorce proceedings, there is no legal relationship between the couple. Divorce is also known as “dissolution of marriage.” A decree dissolving the marriage legally terminates the marriage. After the legal separation, however, the couple remains married. The decree of legal separation describes the duties and rights of a couple who are still married but no longer live in a “traditional” couple. The court will take into account the wishes of both parties.
If one of the spouses prefers divorce to legal separation, the divorce is pronounced. If legal separation is granted, there is a 6-month waiting period before it can possibly be converted into a judgment of dissolution, which can be done by filing an application with the court. This can be relatively simple if the rights and obligations are clearly defined as to what they should be through legal separation. Another important difference is that a person who is legally separated instead of divorced is not allowed to remarry. Since the parties are still legally married, they do not have the right to marry another person. The process of legal separation is very similar to an uncontested divorce. The main difference is that legal documents vary and the initial application to the court is different. The final judgment of the court is a judgment on legal separation instead of a judgment on the dissolution of marriage. Filing an application for legal separation is very similar to filing for divorce in Washington State: if both spouses agree to convert legal separation to divorce, one of the parties can file the application for conversion of legal separation into divorce, and both parties must complete the decision to convert legal separation to divorce. then send both documents to our court with an ex parte fee of $30.00 to submit the documents to the judge. Verification and signature.
The rest of your legal separation orders, such as parenting plans and support orders, remain in effect. After legal separation, neither party can legally remarry because they are still legally married. To remarry, the judgment of legal separation must be converted into a judgment of dissolution of marriage (divorce). At the end of the waiting period of 6 months following the legal separation, an application must be made to the court to request this conversion. Any spouse may submit the application; Both spouses do not have to agree to convert legal separation into divorce. In both legal separation and divorce, there is a division of property and debts, as well as agreements on maintenance obligations and parenting plans. Procedurally, divorce and legal separation prosecutions in Washington State are very similar. One of the most common reasons couples choose to legally separate from court is that they can make financial arrangements, such as deciding who pays the bills and who keeps certain properties and possessions. If the court is involved in the separation, interim arrangements are made for: Another important difference is that the parties are still married at the end of the legal separation proceedings.
Marriage has been reduced to just over one title, but even that title can impact the lives of the parties. Many people choose legal separation instead of divorce for religious reasons. Other people choose legal separation over divorce for a number of other reasons, including health insurance benefits, military benefits, or immigration status. If you are applying for legal separation for any of these reasons, you should talk to a lawyer about your case so that you can determine if the rights or benefits you are trying to protect are actually protected by legal separation without dissolution. The legal separation can also be annulled. When spouses opt for reunification and reconciliation, they can resume their marriage without having to legally remarry. In this case, an application for annulment of the separation judgment must be lodged. After approval by the court, legal separation is no longer valid. If it is earlier in the process and the legal separation is only pending, not yet approved, the couple can request dismissal and withdraw the legal separation before it is officially granted. This process is quite simple and takes about 2 weeks to complete. In addition, once the spouse has applied for conversion, the second party does not have the right to object.
In the end, all the terms of the final divorce decree remain the same as in the separation documents. If you are considering legal separation instead of marriage breakdown, you should talk to a lawyer about the pros and cons of this choice in your situation. We are ready to assist Seattle-area clients with their legal separation or resolution issues, issues and/or cases. Contact us today. If you`re considering divorce or legal separation, you may want to seek help from a family attorney in Seattle. At Molly B. Kenny Law Firm, we can help you navigate the process and make sure you get what you deserve before you start a new chapter in your life. Our family law firm personally serves each of our clients in the Washington area, including King County. Call us today for more information at 425-460-0550. Just as marriage doesn`t require you to live under one roof, you don`t have to live under different roofs if you`re legally separated. However, many legally separated couples choose to live apart for a variety of reasons.
Some might determine if a divorce is the right next step, while others might find it easier to separate their finances while living apart. If both spouses agree, the legal separation may be annulled. If the legal separation has already been approved by the court and both spouses wish to reconcile and renew the marriage without having to formally remarry, an application for a judgment of legal separation may be filed. Once the court has approved it, it is as if the legal separation had never taken place. A judgment of legal separation may be converted into a judgment of dissolution of marriage (divorce). If the court has already given the judgment and one of the spouses wishes to convert the legal separation into a divorce, the court may be asked to convert the legal separation into a divorce. However, such a request for conversion may be satisfied only after the expiry of a period of six months. Any spouse may submit the application to the court. Both spouses do not need to agree to convert legal separation into divorce. However, the spouse making the request must send a legal notification to the other spouse. (After one year, legal advice is not technically required, but many judges in several counties still require that legal advice be provided to the other spouse.) A major difference between legal separation and dissolution of matrimonial proceedings is that there is a ninety-day waiting period for the dissolution of the marriage. This means that ninety days must elapse from the date of submission of the application before the resolution can be completed.
There is no waiting period for legal separation. Although divorce and separation are different legal processes, they share some similar characteristics: the decision to separate legally is not an easy one. If you are considering divorce or legal separation, consider contacting an experienced family and divorce attorney in Seattle who can guide you through this difficult process. To find out how we can help, contact us today at (425) 460-0550. A legal separation in Washington State allows a couple to formalize a separation while remaining legally married. It is carried out by court order and is a legally binding consent decree. Legal separation is not necessary before filing for divorce, and many couples can reconcile during this time. A separation order can be converted into a final divorce order if six months have passed since the court issued the separation order.
Any spouse may submit the application to the court. Both spouses do not need to agree to convert legal separation into divorce. However, the spouse making the application must provide the other spouse with legal notice by sending him or her a copy of the application for legal separation in divorce and the notice of hearing.