Legal Separation Attorney in Vancouver, Washington

The end of a marriage can be a stressful and traumatic experience, regardless of the circumstances. Understanding all of the options available to you can be helpful as you navigate such a difficult time in your life. Though it is not as well-known as divorce, a legal separation can provide a viable alternative when your marriage is coming to an end. By working with a knowledgeable family law attorney who has experience with legal separations, you may be able to put yourself in a more advantageous position moving forward.  

At Keystone Family Law, we are dedicated to leading individuals and families through life’s biggest challenges. Our team is ready to meet with you to listen to your story, explain what options you may have, and help you make the best decisions for you and your family. If you are located in the Vancouver, Washington area or throughout any of the cities in Clark County, contact us to schedule a consultation to discuss your situation. 

How Does Legal Separation

Differ from Divorce?

Differences between legal separation and divorce can differ from one state to another, but in the state of Washington, they are largely the same, in the processes involved and the results. Both options effectively end the marriage, though there are some slight differences.  

While divorced couples are legally free to remarry, legally separated couples are not. Some couples may choose a legal separation for religious reasons (if their religion takes a hard stance against divorce) or simply because they want to avoid some of the potential stigma that can come along with the term “divorce.” 

Situations in Which Legal Separation May Be an Option

There are situations in which filing for legal separation may be the best choice. For example, using legal separation as a stepping stone on a pathway to eventually getting divorced. Such a separation can be viewed as a “trial run” for spouses to get acclimated to being apart and start preparing to negotiate the important factors of their split.  

Another reason you may want to opt for legal separation would be the possibility of reconciliation. If there is a chance you and your spouse might make amends and decide to continue in the marriage, the filing of a legal separation can be withdrawn. 

Overview of the

Legal Separation Process

As mentioned above, the process of filing for a legal separation is nearly identical to that of filing for a divorce. By submitting a separation agreement in Washington Superior Court or by filing for legal separation the same way you would file for a divorce, you can begin the process of obtaining a legal separation. 

Your Rights During a Legal Separation

Once a legal separation has been granted, it is important to understand your rights when the separation has taken effect. Since a couple is still legally married during the separation, spouses are still entitled to inherit assets, share finances, or take advantage of the potential tax benefits of being married. In terms of children, if a couple is legally separated, any child born to the woman in the marriage is still considered the legal child of the woman’s spouse until proven otherwise. 

Transitioning to Divorce

As mentioned above, many couples use legal separation as a step toward filing for divorce. After a six-month period has passed following the finalization of the legal separation, either spouse has the right to file a motion to convert the legal separation into a divorce. This motion will likely be granted by the court even over the objection of the non-moving party. It is important to note that any agreements made as part of the legal separation (spousal maintenance, child custody, child support, parenting plan) will remain in effect for the divorce unless you petition to have the agreements modified. 

Why You Need an Experienced Attorney 

Dealing with any type of legal situation can quickly feel overwhelming. When a legal matter includes your family and has a significant impact on your future, the stakes are raised even higher. With so many important factors involved, it is in your best interest to seek out the help of professional legal representation. An experienced family law firm can help you build a sound strategy and work toward a resolution that puts you and your loved ones in a favorable position.