Legal Question in Family Law in Washington

Re: only facts?

The first part of your question is vague. There really is nothing to consider other than to say that one person wants to be separated. If that is the case, it is going to happen- it is just a matter of getting the paperwork done correctly.

In terms of costs, the party filing has to pay for the court filing fees, as well as process server fees to have the other side served. You can save on both these fees if you qualify for a fee waiver based on economic hardship. Additionally, if the other party will sign an acknowledgment of service, that will eliminate the need for personal service done by a process server.

Last, let me also say that in general, I talk to clients about why they want a legal separation instead of a divorce. The client's reasoning is important because many people see this as a stepping stone to divorce. If that is the case, I generally advise that they in fact file for dissolution of their marriage (the legal term for divorce in Washington), since that will have the legal effect of showing that they are separated.

Also, keep in mind that in Washington, there is a 90 day waiting period to enter a decree of dissolution of marriage. The 90 days starts running after filing and service are completed. However, if you file for legal separation, and then later decide that you in fact want to dissolve the marriage, then an amended petition needs to be filed and a new 90 day clock will begin ticking from that point forward.

I highly recommend that you seek out a practitioner in your area. If you are near Spokane, I suggest Lisa Larrick, whose e-mail address is [email protected]

Good luck and I hope this response is at least somewhat helpful