A Washington Motion to Convert Legal Separation Order to Final Divorce Order (Dissolution Decree) is a legal document that is used when two spouses who are legally separated decide to end their marriage and convert their separation into a final divorce. The motion is filed in the court where the Legal Separation Order was issued. The motion must contain the reasons why the spouses are seeking a dissolution of their marriage and a request for the court to convert the Legal Separation Order into a Final Divorce Order. If the court finds that the reasons provided are valid, it will issue a Final Divorce Order which will dissolve the marriage and bring it to an end. There are two types of Washington Motion to Convert Legal Separation Order to Final Divorce Order (Dissolution Decree): Uncontested and Contested. An Uncontested Motion involves both spouses agreeing to the dissolution of their marriage and does not require a court hearing. A Contested Motion involves one or both spouses contesting the dissolution of the marriage and may require a court hearing.
Washington Motion to Convert Legal Separation Order to Final Divorce Order (Dissolution Decree)
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FAQ
Washington family law allows for modifications of the final divorce decree for child custody, visitation, child support, and spousal support, but not property and debt division. Child custody, visitation, and support remain under the control of the court until the children are legally emancipated.
Does Washington Allow Legal Separation? Yes. The process for legal separation in Washington is virtually the same as divorce, meaning if you can meet the state's divorce requirements, and both spouses agree to the legal separation, the court will honor your wishes.
What can I do? A Decree of Legal Separation can be converted to a Final Divorce Order if six months have passed since the Decree of Legal Separation has been granted by the Court. Either spouse can make the motion to the court. Both spouses do not have to agree in order to convert a legal separation to divorce.
In Washington State, after six months, a legal separation can be easily transitioned to divorce. With this method, you and your spouse resolve all of the issues by creating a separation agreement. That agreement is converted to a divorce decree when one or both parties choose to do so.
There is a mandatory 90-days waiting period for marriage dissolution in WA state as soon as the petition was filed with the court. Until this time, marriage dissolution cannot be finalized. With a legal separation, there is no need to wait for 90 days.
In Washington state, the final divorce decree may include detailed instructions regarding how all properties and assets are to be divided based on previous discussions and arrangements.
If the legal separation has already been approved by the court, and both spouses wish to reconcile and revive the marriage without having to formally remarry, then a Motion to Vacate Decree of Legal Separation can be filled. Once the court approves same, it is as if the legal separation never occurred.