WASHINGTON DIVORCE ONLINE
Legal Separation in Washington
In Washington, spouses who wish to live apart without immediately ending their marriage can seek a legal separation (sometimes referred to as “separate maintenance”). While legal separation addresses many of the same issues as a divorce—such as property division, child support, and parenting plans—the spouses remain legally married.
Why Choose Legal Separation?
Couples may opt for legal separation instead of divorce for various reasons:
- Religious or Moral Considerations: Some individuals prefer to avoid divorce due to personal or faith-based beliefs.
- Health Insurance & Financial Benefits: Remaining legally married can allow a spouse to retain insurance coverage and certain other benefits.
- Cooling-Off Period: Legal separation gives couples time to consider reconciliation or finalize their approach to property division and parenting responsibilities without permanently ending the marriage.
Similarities to Divorce
Although legal separation does not legally dissolve the marriage, it often involves:
- Child Custody & Parenting Plans: A parenting plan must be in place if you share minor children, just as in a divorce case.
- Child Support: Both parents remain financially responsible for their children. Washington’s child support guidelines (RCW 26.19) still apply.
- Property & Debt Division: Courts address asset distribution and liability allocation to ensure each party’s rights and responsibilities are clear.
- Spousal Maintenance: If one spouse needs financial support, the court can award maintenance during the separation.
Converting or Ending a Legal Separation
- Converting to a Divorce: If either spouse decides to pursue divorce later, they can often convert the legal separation into a Decree of Dissolution. This typically abbreviates the divorce process because many issues (e.g., asset distribution, support) may already be settled.
- Reconciliation: Couples who reconcile can terminate the legal separation and resume their marriage.
- Permanent Arrangement: Some couples choose to remain legally separated indefinitely if it meets their personal or financial needs.
Benefits of Legal Separation
Legal separation offers a structured framework for spouses to live apart while retaining specific legal and financial advantages. By clarifying property rights, support obligations, and custody arrangements, it can reduce conflicts and smooth the path toward future decisions—whether that involves finalizing a divorce or reuniting.
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In an agreed divorce, the spouses can file their divorce in any County in Washington. The Circuit Court in Lee County, Washington, allows you to complete your agreed divorce without a court appearance. As such, to offer a genuinely virtual, 100% online divorce, we prepare divorce documents for filing in Lee County Circuit Court. There may be other counties where a court appearance is not required, but most counties require a court appearance. Should you wish to file in a county other than Lee County, we can prepare your documents for that county, but we charge $100 extra to draft documents for counties other than Lee. If you wish to file in a county other than Lee County, a court appearance will likely be required to finalize your agreed divorce. We know that some people – even other attorneys – might tell you that at least one of the parties (you or your spouse) must go to court at least once before your divorce can be granted. This is not accurate. We have assisted thousands with their agreed Washington divorce, for which no court appearance was required using the Circuit Court in Lee County, Washington.