Washington Petition for Legal Separation (Marriage)

State:
Washington
Control #:
WA-SKU-2377
Format:
PDF
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Description

Petition for Legal Separation (Marriage)

A Washington Petition for Legal Separation (Marriage) is a document used to legally separate married couples in the state of Washington. It is a court document that is filed in the county where the married couple lives. The petition includes the names of both spouses and states the grounds for wanting a legal separation. The petition must be filed in the county where one or both of the spouses reside. The forms necessary to file a petition for legal separation vary by county, but typically include a Petition for Separation, a Summons, a Confidential Information Form, and a Separation Agreement. There are two types of Washington Petition for Legal Separation (Marriage): a limited legal separation and a complete legal separation. A limited legal separation is a separation agreement that does not terminate the marriage and is often used to provide financial support for a spouse or to protect assets. A complete legal separation, also known as a permanent separation, is a court-ordered agreement that terminates the marriage and is typically used to end a marriage.

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FAQ

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.

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.

Yes, you can be legally separated and still live in the same house, just as you can be legally divorced in Washington State and live in the same house.

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.

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

A legal separation is more formal than just moving apart though. You would need to get a court to approve your decision and put together a legal separation agreement. This is an agreement that divides property, sets an arrangement for raising your children, and ends the financial connection you have to your spouse.

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

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

More info

Filing a Suit Affecting the ParentChild Relationship (SAPCR) is another legal option that can be similar in practice to a legal separation. 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. 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. This is a list of the separation forms that are available, free of charge, at the Family Law Self-Help Center. "Separation" simply means living apart. You do not need to file court papers to separate. Fill out the Original Petition for Divorce and sign it. You are the Petitioner. A Separation Agreement is not something the Court grants.

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Washington Petition for Legal Separation (Marriage)