Legal Question in Family Law in Washington

Divorce

Would there be a benefit to getting a legal seperation vs just filing for divorce


Asked on 6/07/09, 3:03 pm

2 Answers from Attorneys

Gary Preble Preble Law Firm, P.S.

Re: Divorce

To follow on Mr. Showrai's second paragraph, if you wish to keep your marriage but feel the need for legal involvement regarding property, income, children or child support, a legal separation is a good tool. Often people who do not want to initiate divorce can file a legal separation because they don't believe the marriage is "irretrievably broken".

If your relationship is still amicable, you can also make a separation contract, which does not require court involvement. See RCW 26.09.070 at http://apps.leg.wa.gov/RCW/default.aspx?cite=26.09.070.

In addition, you can also separate informally without an actual contract.

Read more
Answered on 6/08/09, 8:43 pm
Amir John Showrai The Pacific Law Firm, PLLC

Re: Divorce

In short, generally no, there is no benefit. In fact, it can be worse, because once you wish to convert a legal separation into a dissolution of marriage (divorce), it takes six months, versus the three months you are required to wait if you just file for dissolution in the first place.

Today, legal separations are primarily used by people who want to live apart but for moral, religious, financial, or other reasons, cannot divorce. While you are legally married, everything else is as if you are divorced.

Read more
Answered on 6/08/09, 3:09 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Washington