They don`t want to end the marriage. Example: Your religion prevents you from getting divorced. You want the other facility to be available. Examples: parenting plan, division of property and debts. Although divorce and separation are different legal processes, they have similar characteristics: 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. 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. 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. Divorce in Washington State presupposes that the spouses are no longer willing to maintain relationships and are willing to end their marriage. In this regard, both can remarry after divorce and manage their property and assets. 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. 1) Name.
The most obvious difference is in the name. Some people don`t like the word divorce for religious reasons. Legal separation offers them the facilitation of divorce without any part of the stigma. If a couple has managed to reach an agreement, simply ask the judge to end their legal separation. Thus, this option is beneficial for spouses who are not entirely sure they want to end their relationship. This publication contains general information about your rights and obligations. It is not intended to replace specific legal advice. This information is current as of December 2019.
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, temporary arrangements are made for the following: Washington State law allows married couples to enter into a binding legal separation instead of an actual dissolution of the marriage (divorce). Legal separation in Washington State allows you and your spouse to obtain a court-approved legal separation order. However, legal separation is not necessary before filing for or obtaining a divorce in Washington. 4) Insurance. Unlike divorcees, legally separated spouses often remain in each other`s employer-sponsored health insurance coverage. For example, a legally separated spouse of a Boeing employee may remain in Boeing`s health insurance because the parties remain technically married. This can be a huge financial benefit for older spouses (who pay more for private market insurance) and parties with health problems (Boeing covers almost all medical expenses with negligible expenses).
For more free articles and videos, our firm recommends that you visit the «Resources» tab of our website in the top right corner of the page. Or call 866-631-0028 to speak with one of our divorce and family law lawyers. There are two ways to end your relationships in WA State: divorce and legal separation. In this article, you`ll learn more about legal separation in Washington State and how it differs from divorce. Still others prefer the term «divorce» because it sounds like a more definitive and complete end to their relationship. They want to move forward with as few connections as possible with their «ex,» or they want to avoid the impression that they can reconcile. 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.
If you have decided to file a legal separation in the state of WA, you will get almost the same options, except that you will still be married. It is a popular alternative to marriage dissolution in the United States, especially among those whose religion prohibits divorce. There are many reasons why spouses opt for a legal separation decree instead of divorce (or marriage dissolution judgment). In some circumstances, this may be due to religious reasons or one or both spouses may oppose the divorce. In such circumstances, the couple may prefer to be legally separated. In other cases, the couple may not be sure they want to end their marriage. Learn more about the difference between divorce and legal separation and why people might choose to divorce. #3253EN 2) 90-day waiting period. Washington law requires parties to the divorce to wait at least 90 days as a «cooling-off period» before the courts can issue an agreed-upon divorce decree.
This 90-day waiting period probably does not apply to legal separations, although most people wait at least 90 days anyway, perhaps to avoid an unnecessary argument with the judge on the issue. You can change a separation decree to a divorce decree. After six months from the entry into force of the separation decree, each spouse may apply for an amendment. The court must grant the application. The rest of your legal separation orders, such as education plans and maintenance orders, remain in effect. 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.) What is the difference between legal separation and divorce? Separated couples will be able to change their minds and either reconcile and end the separation or turn it into a divorce. On the other hand, divorcing spouses cannot resign, but can marry other people and be financially independent of their spouse. 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. Filing a legal separation petition is very similar to filing a divorce in Washington State: The differences between divorce and legal separation in Washington State can be subtle, but they are extremely important when it comes to your property, children, relationship, and future. While legal separation isn`t the best choice for some couples looking to end their relationship, it can be an ideal option for others. 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. Remarkably, this distinction actually makes very little practical difference, since legal separation can be converted into divorce at the request of both parties. For more information on the conversion process, see below. There are some of the most important differences between divorce and legal separation: The procedure is similar and uses many of the same forms as divorce. They begin by filing the divorce form FL 203, application for legal separation.
You can use our packages: the conversion process is remarkably simple, doesn`t include a signup fee, and takes about two weeks. The end result is a simple resolution stating that the decree on legal separation has been renamed the decree on the dissolution of marriage. For the rest, all the provisions of the decree remain unchanged. 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.