Married couples have an alternative to divorce if they wish to live apart in Washington State: legal separation. There are many reasons a couple might opt for a Washington State legal separation instead of divorce. Maybe they just want time apart to see if things can be worked out. Perhaps they would get divorced but doing so would mean an inconvenient reduction in insurance benefits for one party. Or maybe devout religious beliefs preclude divorce. Whatever their reasons, Washington State legal separation actions put the parties in nearly the same position as divorced parties except that their marriage relation is not legally dissolved.

Washington State legal separation actions are filed in Superior court by filing a summons and petition for legal separation. They proceed in a similar manner as divorce actions, with parties either litigating or agreeing upon the issues of property distribution, child custody, and family support. Resolving these issues before the court enters a decree is necessary in Washington State legal separation actions because the parties need to be autonomous in their use of property, and a clear set of rules for the residential schedule, decision making, and support for children must be in place for parties who no longer live together. Once a court enters orders on these issues and enters a decree of legal separation, the parties must abide by those orders until they are removed or altered by the court. A Washington State legal separation decree may be converted to a decree of dissolution (divorce) upon a motion to the court by either party six months after the separation decree was entered.

Consulting with a competent attorney regarding Washington State legal separation may be advisable if a couple is considering divorce or separation. There are other financial and legal factors to consider in any action to alter family status, and although not entirely final, Washington State legal separation actions are no exception.

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