The court will take into account the wishes of both parties. If one of the spouses prefers divorce to legal separation, divorce is granted. If legal separation is granted, there is a waiting period of 6 months before it can possibly be converted into a dissolution decree, which can be done by filing an application with the court. This can be relatively easy if rights and obligations are clearly defined, which should be the case by legal separation. 1) Same relief. The courts grant the same remedy for legal separations and divorces. That is, both lead to a division of the parties` assets and debts, the possible granting of spousal support (alimony) and, if necessary, child support, a parenting plan and other types of different orders, such as protection orders, name changes and lawyers` fee allowances. Just as you`re not married to live under the same 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 number of reasons. Some might determine if divorce is the right next step, while others might find it easier to separate their finances while living apart.
4) Insurance. Unlike divorcees, legally separated spouses often stay on each other`s employer-sponsored health insurance. For example, a legally separated spouse of a Boeing employee may remain on 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 costs with negligible expenses). Question: What is the difference between legal separation and divorce in Washington State? Answer: Contrary to popular misconception, legal separation is NOT a probationary version of divorce. On the contrary, legal separation and divorce are almost identical under Washington law, with the same legal process, facilitation, and purpose. Transformation as a legal issue. Given the similarities and differences listed above, Washington allows a legally separated spouse to convert their judgment into divorce. It is a question of law; as a general rule, the other party cannot object. There are two conditions for conversion: the application cannot be made within six months of the decree on legal separation and must not violate a written agreement between the parties. This second condition may apply if the spouses have agreed to delay the conversion so that both can remain in health insurance.
In legal separation and divorce, there is a division of assets and debts, as well as agreements on child support obligations and parental plans. Procedurally, divorce and legal separation lawsuits in Washington State are very similar. Remarkably, this distinction actually makes very little practical difference, since legal separation can be converted into divorce at the request of one of the parties. For more information about the conversion process, see below. You can change an unmarried separation judgment to a divorce decree. Six months after the entry into force of the separation decree, each spouse may request an amendment. The court must grant the application. The rest of your legal separation orders, such as . B a parental plan and a child support order remain in effect. 2) Waiting period of 90 days. Washington law requires divorce parties to wait at least 90 days as a “cooling-off period” before the courts can issue an agreed divorce decree. This 90-day waiting period probably doesn`t apply to legal separations, although most people wait at least 90 days anyway, perhaps to avoid an unnecessary dispute with the judge on this issue.
Others prefer the name “legal separation” because of its euphemistic quality – it seems less harsh. Often, these people want to end their relationship without hurting the other spouse`s feelings as much. It`s like saying , “Let`s be friends” and not “I`m going to break up with you”. Find out the difference between divorce and legal separation and why people can choose one over the other. #3253EN The process of legal separation is very similar to an uncontested divorce. The main difference is that the legal documents vary and the initial application to the court is different. The final judgment of the court is a decree on legal separation instead of a decree on the dissolution of marriage. While some legal separations are cut and dry, others are not. Plus, just like a divorce, you may not know what you`re entitled to or what you should fight for without talking to a lawyer.
You may even want to talk to a lawyer to discuss whether legal separation or divorce is the best choice for you and your family. A separation judgment may be converted into a final divorce judgment if six months have elapsed since the court issued the legal separation judgment. Any spouse may submit the application to the court. Both spouses do not have to agree to convert an unmarried separation into a divorce. However, the applicant spouse must provide the other spouse with legal advice by sending him or her a copy of the application to convert legal separation into divorce and the notice of hearing. If the legal separation case is pending only before the court and the court has not yet approved the legal separation, the spouses may request that the case be closed. Since the court has never granted legal separation in Washington State, it would be as if legal deposit had never taken place. The decision to legally separate is not an easy one. If you are considering a divorce or legal separation, you should contact an experienced family and divorce lawyer in Seattle who can guide you through this difficult process. .