A legal separation decree can be converted into a decree to dissolve the marriage (divorce). If the court has already issued the decree and one of the spouses wishes to convert the separation into a divorce, an application to convert the separation without dissolution into non-divorce may be made with the court. However, this processing application can only be completed after six months. Any spouse can apply to the court. The two spouses do not need to agree to turn a separation from body into divorce. However, the spouse who files the application must provide legal information to the other spouse. (After one year, legal information is not technically necessary, but many judges in several counties will still require that legal advice be passed on to the other spouse.) Like a divorce, a legal separation begins with a petition to the Seattle family. It is then the arrival of the parties on the conditions of separation, such as the department of heritage, support and modalities of parenthood. If you are unable to reach an agreement, then the case will be tried as in the case of a divorce. Once the parties have reached a settlement agreement or the court has decided what the conditions should be, the case is closed by the court`s signing of a legal separation decree.
In practice, this means that a legally separate person cannot remarry without first turning his separation into a divorce. At least the process of such a conversion is simple. Although there is a 6-month waiting period after a separation before it can be converted, once that period has expired and all conditions have already been settled, it is only a matter of asking your Seattle family attorney to file a brief petition with the court requesting the transformation of the separation from body to divorce. Then the court signs a very short order that says the parties are now divorced. Question: What is the difference between separation and divorce in Washington State? Answer: Contrary to a common misunderstanding, separation is not a trial version of divorce. On the contrary, separation and divorce are almost identical under Washington law, with the same judicial procedure, the same relief and the same finality. Divorce, dissolution and annulment are terms commonly used to describe the same event – the end of a marriage. The registration of a “decree” is necessary to end a marriage in law, for example. B a “disability decree” (nullity) or a “marriage dissolution decree” (divorce). The registration of a “separation decree” does not end the marriage, but affects your finances, property and children that look like a divorce. Beresford Booth PLLC`s lawyers will help you determine the best option for you and provide you with information to make an informed decision.
It is true that it can be difficult to understand the differences between divorce and separation of bodies – and that for many, the separation of law is not the best option. However, the separation of rights is, in many circumstances, the ideal next step. For example, for religious reasons, couples may choose separation for founding reasons (if their church or place of worship has frowns during divorce) or when one spouse needs medical assistance and the other spouse offers health insurance.