If you want to get a legal separation in Washington, there are certain things you need to understand about this decision. There are many misconceptions about the Washington state legal separation process, how it compares to divorce, and whether or not it is reversible.
At Allen Fischer PLLC, our goal is to provide our clients with exceptional and compassionate legal representation during separation proceedings. Keep reading to find out how to file for legal separation and what to do if you later change your mind.
What is a Legal Separation Agreement?
There are different types of separation in Washington, but legal separation is accomplished through a court order, which results in a legally binding consent decree. It is often compared to divorce as it results in you needing to negotiate with your spouse regarding things like spousal support, child support, property division, custody, and visitation.
However, unlike a traditional divorce, you are still legally married even when you have a legal separation. You will not be able to remarry unless you change the legal separation to a legitimate divorce.
Many people choose legal separation as it is less final than going the route of getting a divorce. Some people may also do it because they are morally or religiously opposed to divorce or they want to continue to benefit from tax or healthcare benefits from their spouse.
Filing Legal Separation in Washington State
To start the Washington state legal separation process, all you need to do is submit a separation agreement to the superior court. Alternatively, you can file for a separation in the same way that you would file for a dissolution.
Before you proceed with this, you should hire an attorney for legal separation who can guide you through the process. Although legal separation is relatively straightforward, an attorney can help you negotiate with your spouse when it comes to things like spousal support and details regarding any children.
Is a Legal Separation Reversible?
Legal separation in Washington state is more legally binding than people may realize. If you have gotten a formal legal separation agreement, you cannot simply reverse the separation if you and your spouse are able to reconcile. Your options are to renew your vows or convert the legal separation into a legitimate divorce and later remarry.
Because of this, it is crucial that you understand what a legal separation entails and how it compares to a divorce and other types of separation. If you and your spouse live separate lives, you are technically considered to be separated; a legal separation agreement simply makes it more legitimate.
Hire Allen Fischer PLLC to Handle Your Divorce Case
As straightforward of a process as legal separation can seem, it can be deceptively complex, which is why you need to hire an attorney with experience in family law. At Allen Fischer PLLC, we have many years of experience in family law and can help you find the best solution for your situation. To partner with a team of compassionate and seasoned professionals, reach out to Allen Fischer PLLC at 509-466-7770.
