A legal separation can provide the space you need while preserving important benefits. Our attorneys help you understand whether separation or divorce is the right path for your situation.
Free ConsultationBeing legally separated means you no longer reside with your partner in Washington State. Legal separation allows married couples or domestic partners to live apart while remaining legally married. You might be contemplating divorce if you are no longer on the same page, but you may not be ready to take the plunge -- legal separation provides an alternative that addresses many of the same issues as divorce without formally ending the marriage.
Only married spouses or domestic partners qualify for legal separation. Unmarried couples cannot pursue this option.
90-Day Waiting Period
Under RCW 26.09.030, Washington State requires a 90-day waiting period between filing for legal separation and when it can be finalized. This cooling-off period allows for reconsideration and potential reconciliation.
| Factor | Legal Separation | Divorce |
|---|---|---|
| Marital status | Remain legally married | Marriage ends permanently |
| Remarriage | Cannot remarry | Free to remarry |
| Insurance benefits | May preserve health, dental, and vision insurance | Typically ends shared coverage |
| Support orders | Can include spousal maintenance and child support | Can include spousal maintenance and child support |
| Reversibility | Can be reversed if reconciliation occurs | Permanent dissolution |
Trial separations are private arrangements without court involvement and hold no weight in court. A judge cannot enforce spousal maintenance or modify payment obligations based on a trial separation alone. Only a formal legal separation or divorce filing creates enforceable legal protections.
If one spouse wants a divorce while the other prefers separation, timing determines the outcome. A filed divorce petition typically proceeds regardless of the other spouse's preference. The court will generally treat the case as a divorce proceeding if one party requests it.
Our attorneys help you evaluate whether legal separation or divorce is the right choice for your situation. We handle all aspects of the separation process, including drafting and negotiating the separation agreement, establishing parenting plans, and ensuring a fair division of property and debts. Contact us today for a consultation to discuss your options.
Don’t face legal challenges alone. Our experienced attorneys are ready to fight for you.