There may be benefits of legal separation vs. For some, legal separation may allow one spouse to retain valuable benefits. Our attorneys have decades of experience with legal separations in Washington state. A marriage is deemed to be defunct at the time one of the spouses has made the claim that the marriage is irretrievably broken. Debts and liabilities incurred after the separation date may also be characterized as the separate debt or liability of the spouse incurring the debt or liability after the separation date.
5 Frequently Asked Questions about Legal Separation in Washington State
The same legal grounds for divorce apply to a legal separation. Washington State is a no-fault state. That means a spouse does not have to prove the other spouse did anything wrong to get a divorce. A legal separation is a court order that provides the rights and duties of a couple while still married. A divorce is a court order that provides the same rights and duties of a couple but ends the marriage. The laws i. A decree of legal separation can be converted to a divorce decree after six months.
If you have no children and want to get a divorce or dissolution of domestic partnership, you should read this publication first. You no longer get along. It legally ends your marriage. The court may give you everything a divorce does, but does not end the marriage.
By Melissa Heinig. Yes, and although both methods change your legal status, the difference between divorce and legal separation could have a significant impact on your life. Divorce is the process couples use to terminate a marriage and begins when one spouse files a petition for divorce with the court. When you ask for intervention with your marriage, you are giving the judge permission to decide issues about property division , child support, custody, and spousal support. Most couples will reach an agreement before the judge gets involved, but if there are lingering issues, the judge will decide before finalizing your divorce.