When Are You Legally Separated in Washington
The most important difference between divorce and legal separation is that your marriage is officially terminated when you divorce. You are no longer married to each other and you are free to remarry. There is an option for couples with marital problems that do not involve divorce. This process is called legal separation. Many couples choose to separate legally instead of divorce in order to have time to see if they can reconcile or because a divorce goes against their religious beliefs. If you are planning to separate from your spouse, you need to familiarize yourself with the procedure. The most common reason why a separating couple chooses to separate legally is to make financial arrangements or formal arrangements for the children, just like with an actual divorce. Legal separation allows a couple to legally divide their property and debts. If a couple has children, legal separation, like divorce, allows the couple to get court orders for custody, alimony, and child visitation.
In Washington State, you can apply for legal separation by filing a separation agreement in Superior Court. You can also get one by applying for separation, just as you would file for divorce. Divorce and legal separation are valid and useful options to consider if you are facing a difficult marriage. Take the time to research, reflect, understand, and decide which path is best for you. While nothing legally changes between you during a trial separation because you are still legally married, it is advisable that you and your spouse work with a coach to reach an agreement that governs the separation rules. You need to consider and agree on details such as: Permanent separation occurs when you live apart from your spouse and do not intend to reconcile. Not all states recognize that this is a legal option. If you live in a state that recognizes permanent separation, you should be aware of the financial implications of this form of separation. In the case of a permanent separation, where nothing public servant is filed with the court, all finances, both assets and liabilities, will be considered separate after that date if you and your spouse have an agreed upon separation date. 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. There is also an important speed component to consider when deciding between legal separation and divorce. We were able to legally separate people within one working day, provided there was agreement on property and child issues. 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 trial separation is an informal separation where you live apart to determine if the separation or divorce is ultimately what you want. Many couples separate when they have persistent marital problems. A trial separation is an agreement between spouses to live apart (often for a predetermined period of time) while you work to reconcile or move toward divorce. 2.
Second, it`s fast. They can be legally separated as quickly as necessary to complete the paperwork. When you or your spouse leave home, you are informally separated. To get a legal separation, you must file documents with the court. Some couples may benefit from a simple physical break but not legal, while others prefer to separate legally, especially for financial reasons. In Washington State, you can apply for a legal separation. Unlike judicial or permanent separations, legal separation is obtained by court order and constitutes a judgment by legally binding consent. In many ways, legal separation is similar to divorce.
As with divorce, legal separation requires you and your spouse to negotiate custody, access, spousal support, child support, and division of property. Unlike a divorce with legal separation, you are still married and cannot remarry without a formal divorce decree. Some couples first choose legal separation because it seems less “final” than divorce, they are religiously or morally opposed to divorce, or because they want to retain or grant health and/or tax benefits for or from their spouse.
