Washington Petition For Legal Separation (Marriage)

State:
Washington
Control #:
WA-SKU-1963
Format:
Word
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Description

Petition For Legal Separation (Marriage)

Washington Petition For Legal Separation (Marriage) is a legal document filed in Washington State that initiates a process to separate legally married couples and divide assets and debts. This document is used when couples want to end their marriage but do not want to go through the process of a divorce. It allows the parties to remain legally married but live separately. The Petition for Legal Separation outlines the terms of the separation, including living arrangements, custody of the children, division of assets and debts, and spousal maintenance. There are two types of Washington Petition for Legal Separation: Temporary and Permanent. A Temporary Legal Separation is granted on a temporary basis and can be modified or terminated at any time. A Permanent Legal Separation is a more permanent solution and can only be modified by a court.

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FAQ

File the documents with Superior Court Clerk. You will also have to pay the filing fee. The average fee in WA state is $280.

There's a mandatory waiting period of 90 days from the time you file until the judge can act on your case. Couples should use this time to negotiate the terms of the separation, including property division, financial issues, and child custody.

Washington State does not require the spouses to be separated, or live separate and apart, before filing for divorce.

Washington State law does allow married couples to enter into a binding legal separation instead of an actual Dissolution of Marriage (divorce). Legal separation in Washington State allows you and your spouse to obtain a court approved Decree of Legal Separation.

Once the judge finalizes your legal separation, you must wait six months before asking the court to convert it to a formal divorce. (West's RCWA 26.09.

The laws (i.e., property division, spousal support, child support, and parenting plan) are the same, but the parties officially remain married after a decree of legal separation and cannot remarry. A decree of legal separation can be converted to a divorce decree after six months.

Legal Separation in Washington State. Washington State law does allow married couples to enter into a binding legal separation instead of an actual Dissolution of Marriage (divorce). Legal separation in Washington State allows you and your spouse to obtain a court approved Decree of Legal Separation.

The Cons of a Legal Separation Disadvantages of legal separation include: The inability to legally remarry; Extra cost if you later decide to divorce; and. Lack of a no-fault option.

More info

Both spouses need to sign the petition. Once you have it completed and signed it needs to be filed in the County where you reside.This is a list of the separation forms that are available, free of charge, at the Family Law Self-Help Center. If a spouse wants a divorce and doesn't want to wait to meet the residency requirements, they can file papers (a petition) to ask for a legal separation. "Separation" simply means living apart. You do not need to file court papers to separate. B. FINAL. What is legal separation? A Judgment of Dissolution of Marriage cannot be set aside. This type of court case can give you everything a divorce does, except for ending the marriage.

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Washington Petition For Legal Separation (Marriage)