Washington State Legal Seperation6 min read

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Washington State Legal Seperation

When a married couple decides to go their separate ways, they have the option of legal separation. This is a way to live apart while still being married. There are many reasons why a couple might choose to legally separate, including adultery, abuse, or simply growing apart.

A legal separation allows a couple to live apart while still being married. It also allows them to divide their property and debts, and to make decisions about child custody and support. In some cases, legal separation can also lead to a divorce.

To get a legal separation in Washington State, you must file a Petition for Legal Separation with the court. The petition must include information about the couple’s marriage, such as when and where it took place, and why the couple is seeking a separation.

The court will review the petition and may issue a decree of legal separation. This decree will outline the terms of the separation, such as who will live where, who will have custody of the children, and who will pay which bills.

If the couple decides to get divorced later on, they will need to file a new petition and go through the divorce process.

What does it mean to be legally separated in Washington state?

What does it mean to be legally separated in Washington state?

In Washington state, there are two types of legal separations: a no-fault legal separation and a fault legal separation.

A no-fault legal separation is when a couple decides to live separately, but they are still legally married. This type of legal separation is typically used as a way to buy time to decide if divorce is the right option. In a no-fault legal separation, the couple does not have to prove that either spouse did anything wrong to cause the separation.

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A fault legal separation is when a couple decides to live separately and one spouse files for legal separation. This type of legal separation is typically used when there is already a lot of animosity between the spouses and they want to start the divorce process. In a fault legal separation, the couple does have to prove that either spouse did something wrong to cause the separation.

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How long does a legal separation take in Washington?

When a couple decides to legally separate in Washington, the process can take anywhere from a few weeks to a few months. In most cases, the couple will need to file a petition for legal separation with the court. The petition will specify the reasons for the separation and will outline the terms of the separation agreement.

Once the petition is filed, the court will review it and may ask for additional information or documentation. If everything is in order, the court will grant the legal separation. Once granted, the separation will be legally binding and the couple will be considered to be legally separated.

If the couple has children, they will need to establish child custody and child support arrangements. If the couple owns property or has debts, they will also need to address those issues in the separation agreement.

If the couple later decides to divorce, they will need to file a petition for divorce and follow the same process as they did for the legal separation.

How much does it cost to file for legal separation in Washington state?

In Washington state, the cost of filing for a legal separation can vary depending on the county in which you reside. 

In King County, for example, the cost of filing for a legal separation is $306. This fee includes the filing fee, the service of process fee, and the fee for the declaration of dissolution of marriage. 

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If you live in a different county, you should contact your county courthouse to inquire about the filing fees for a legal separation.

Is legal separation the same as divorce in Washington State?

When a couple decides to legally separate in Washington State, they are still technically married. However, the couple is now living separately and have agreed to certain terms, such as child custody and support, property division, and spousal support. If the couple decides to get divorced, they will need to follow the same steps as any other couple seeking a divorce.

A legal separation can be helpful for couples who are unsure if they want to get divorced or if they want to try to work things out. It can also be helpful for couples who have religious objections to divorce. If the couple decides to get divorced after legally separating, they will need to file a new petition and go through the entire divorce process again.

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If you are considering a legal separation in Washington State, it is important to speak with an experienced family law attorney who can help you understand your rights and options.

Do I have to support my wife during separation?

When a couple separates, the question of who will support whom often arises. In some cases, the husband may be required to support his wife during separation.

Generally, the spouse who is not earning an income or who is earning a lower income is entitled to support from the other spouse. In cases where the wife is not working or is earning a lower income, the husband may be required to provide her with financial support.

This support can take the form of spousal support or child support. Spousal support is money paid by the husband to the wife to help her maintain her standard of living. Child support is money paid by the husband to the wife to help pay for the expenses associated with raising the children.

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In order to receive spousal or child support, the wife must file for support with the court. The court will then determine whether the husband is required to provide support and, if so, how much he must pay.

If the wife is not working or is earning a lower income, the husband should contact an attorney to discuss his options for providing financial support. An attorney can help the husband file for support and can represent him in court if a dispute arises.

What are the pros and cons of legal separation?

What are the pros and cons of legal separation?

A legal separation is a process through which a couple can live separately while still remaining married. There are both pros and cons to legal separation, and it’s important to weigh them both before making a decision.

Pros of Legal Separation

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1. You can still receive benefits like health insurance and social security through your spouse.

2. You can still file joint tax returns.

3. You are still considered married under the law.

4. You can still receive spousal support or alimony.

5. You can still file for divorce later if you choose to.

Cons of Legal Separation

1. You are still responsible for your spouse’s debts.

2. You can’t remarry until you get divorced.

3. You may still have to share property and assets.

4. You may have to pay child support or alimony.

5. If you have children, they will still live with one parent most of the time.

What rights does a legally separated spouse have?

A legally separated spouse has the same rights as a divorced spouse. This includes the right to child custody, child support, and alimony. A legally separated spouse also has the right to marital property, and the right to sue for divorce.

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