Family Law
Legal separations
Legal Separation in Washington State
Legal separation is an alternative to divorce that allows couples to live separately while still remaining legally married. In Washington State, legal separation is governed by Chapter 26.09 of the Revised Code of Washington. This statute sets forth the requirements for filing a legal separation petition and outlines the legal effects of a legal separation.
To file for legal separation in Washington State, one of the spouses must be a resident of the state. The filing spouse must also state the grounds for legal separation, which can include irreconcilable differences, abandonment, cruelty, or adultery. Once a legal separation is granted, the spouses are no longer obligated to live together, but they remain legally married.
Effects of Legal Separation compared to Divorce
The legal effects of a legal separation are similar to those of a divorce. The court can make orders regarding child custody, child support, spousal support, and the division of property and debts. However, the parties are still considered married and cannot remarry until they obtain a divorce.
There are several reasons why a couple might choose legal separation over divorce. For example, they may want to maintain certain legal benefits, such as social security or military benefits. They may also want to keep their options open for reconciliation in the future.
Case law in Washington State has established that legal separation can be an appropriate remedy for certain couples. In In re Marriage of Forbes, the court held that legal separation is appropriate where the parties have religious or moral objections to divorce but are unable to live together. The court also noted that legal separation may be appropriate where there are financial or tax benefits to remaining married.
Conclusion
In conclusion, legal separation is an alternative to divorce that allows couples to live separately while remaining legally married. In Washington State, legal separation is governed by Chapter 26.09 of the Revised Code of Washington. It is important to work with an experienced family law attorney to navigate the legal separation process and ensure the best possible outcome for you and your family. The case law in Washington State supports legal separation as an appropriate remedy for certain couples.