Legal Separation

What is the difference between a legal separation and a divorce?

• Legal separation is exactly the same as divorce except for two important differences — the marriage and the timing.
• Marriage:  A divorce dissolves your marriage.  A legal separation does not dissolve your marriage.  After a divorce you are single, so you are able to marry somebody else.    After a legal separation you are still married , so you are not able to marry somebody else.
• Timing:  It takes about one month to get a legal separation.  It takes about four months to get a divorce.  That is because of the 90-day “cooling off” period in every divorce case in Washington state.  However, once your legal separation takes effect, then you would have to wait another six months before you could convert your legal separation into a divorce. 

Why do people file for legal separation instead of divorce?

• The motivation to file either one or the other is often financial — to be protected from the debts that your spouse might rack up in the future.
• When legal separation is chosen instead of divorce, it is usually for one of two reasons — religion or uncertainty.
• Religion:  Some faiths do not believe in divorce, so legal separation is all that is available.
• Uncertainty:  Some  people are undecided about actually ending the marriage, but they are certain they want whatever financial protection they can get.

Do I have to get a legal separation before I can get a divorce?

• No, not in Washington state. You can get a divorce without ever having been legally separated.

​What are the grounds for legal separation?

• Washington is a “no fault ” state.  No particular reason is required.
• You do not need to prove that anybody did anything wrong in order to get a legal separation.

How much does a legal separation cost?

• The cost of an uncontested legal separation is exactly the same as the cost of an uncontested divorce.
• $595 attorney fee plus $344 court filing fee.

​How much would it cost to convert a legal separation into a divorce?

• The total cost would be twice as much as the cost of just filing for divorce in the first place. 
• The first case is filing for legal separation.  The second case is converting that legal separation into a divorce.​  
• Two cases =  double the cost. ​

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