Washington Legal Separation Attorney
Helping Clients Navigate the Legal Separation Process
Legal separations are relatively uncommon. In some instances, however, they are beneficial alternatives to divorce actions. The court still enters orders affecting finances, property, child support, and parenting as part of a legal separation.
McKinley Irvin's experienced Washington legal separation lawyers can assist you with formulating and executing the best course of action in these circumstances.
Are you considering legal separation? Call our Washington legal separation attorney today at (206) 625-9600 or contact us online to discuss your options!
What is Legal Separation?
Legal separation actions deal with the same issues that couples attempt to resolve in a divorce, such as:
- Child custody and parenting plan issues
- Child support
- Property and debt distribution
- Spousal maintenance
The significant difference between a legal separation and a divorce is that the parties remain legally married.
Does Legal Separation Always End in Divorce?
No, separation does not always lead to divorce. Couples who enter into legal separation agreements can remain separated indefinitely.
However, a couple can request that the separation be converted into a divorce decree. The only stipulation for converting separation in Washington decrees that six months must pass from the court's entry of the separation decree. Once the new decree is entered, the marriage will be dissolved.
Why Choose Legal Separation over Divorce?
Reasons for choosing legal separation can vary, especially as separation has many advantages.
A couple may desire to no longer live as spouses but still wish to remain eligible for certain benefits, such as:
- Retention of Medical Benefits: Spouses must stay legally married for one spouse to remain eligible for health insurance available to the other spouse.
- Eligibility to Receive Military Benefits: One spouse must remain legally married for a certain period to remain eligible for benefits under the Uniformed Services Former Spouse Protection Act (USFSA), including military retirement.
- Eligibility to Receive Federal Government Benefits: Spouses must stay legally married for 10 years to retain eligibility for certain Social Security benefits.
- Maintain Immigration Status: Spouses must stay legally married for one spouse to maintain immigration status.
- Preservation of Tax Benefits: Spouses can stay legally married to remain eligible for better tax benefits.
- Preservation of Various Other Rights: Spouses can stay legally married to preserve various other rights, such as hospital visitation.
Some couples may have strong religious convictions that do not allow for divorce, yet they wish to live apart and be financially independent. In cases such as these, a legal separation is a suitable option.
In addition, legal separation is often used as a dummy run for divorce. Spouses can get a feel of what their lives would be like if they formally left the marriage. Alternatively, it can be used as an opportunity to work things out.
Contact Our Washington Legal Separation Lawyer
McKinley Irvin is committed to helping clients explore their options, such as ending their marriage or exploring separation. We strive to help clients figure out which option is best for them. We also educate our clients about these options and provide step-by-step assistance.
If you're ready to explore your legal separation options, contact McKinley Irvin to schedule a consultation with our legal separation attorney in Washington. We're here to help you navigate the process and make the best decisions for your future!
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