Legal Question in Family Law in Washington
Legal Seperation vs divorce
My mom wants to get a Legal Seperation instaed of a divorce in order to retain her military benefits as she doesn't fall under the 20/20/20 rule. We were told that under WA law, the Legal Seperation is only ''good'' for 6 months (give or take) and then she would either have to file for divorce or reconcile. Is this information correct ?
1 Answer from Attorneys
Re: Legal Seperation vs divorce
Your information is not correct. 6 months is relevant, but in the context of being the earliest date that either party may ask a court to make the decree of separation into a decree of divorce. Otherwise a decree of separation just keeps on going (until one or the other dies). Note, if she files for a separation, either party could just show up in court 6 months later and convert it into a divorce. Your mother should consult with an attorney rather than gamble on losing benefits trying to do this herself.