What is Legal Separation?
Legal separation is a court-ordered arrangement that allows you and your spouse to live separately while still legally married. It provides many of the same legal protections as a divorce, such as child custody, property division, and support, but the marriage itself remains intact.
Why Choose Legal Separation Instead of Divorce?
You might choose legal separation if you want to remain married for personal or religious reasons but still need to formalize arrangements like parenting plans or dividing property and debt. It’s also an option for couples who want time apart without permanently ending the marriage.
How Does Legal Separation Work in Washington?
The legal separation process is finalized through a court order. Unlike divorce, there is no 90-day waiting period, and once the court signs the decree, you must wait at least six months before converting it to a divorce if you choose to do so.
How to File for Legal Separation
Depending on whether there are children involved, you can use packets available at Washington Law Help, or you can locate the filing forms on the Washington Courts website.
Wahkiakum County does allow filing agreed/uncontested Legal Separations by mail. Just be sure to include all completed forms, the correct filing fees (cashier’s check or money order), and the required signed orders. You can use the checklists below to help guide you through the required documents needed to file for a Legal Separation.
Legal Separation with Children ChecklistLegal Separation without Children Checklist
I have a Final Legal Separation Decree and now we want a divorce. What can I do?
If both spouses agree to convert the legal separation to divorce, then one party can complete the Motion to Convert Legal Separation to Divorce and then both parties will need to complete and sign the Order Converting Legal Separation to Divorce.
Parties will mail the Motion and Order Converting documents, along with a new Certificate of Dissolution (DOH 422-027) and the $30.00 Ex Parte fee, to present to the Judge for review and signing. Any other legal separation orders previously filed, such as parenting plans or child support orders, will remain in effect.