Contrary to popular belief, Washington State treats legal separations and divorces nearly as one and the same. The forms are similar, as are the expectations for both partners once you have filed.
Let’s take a closer look at some of the pros and cons of a separation vs. a divorce.
Separation vs. Divorce: Pros and Cons in Washington State
Many legal separations happen prior to divorce. However, it is not a prerequisite. That means that you can get divorced without being legally separated for a single day.
On the other hand, if you legally separate first, you will have to wait before switching things over to a divorce.
So, what are a few pros and cons of a separation vs. a divorce? Thanks for asking.
Separation
Pros:
- You are still married, meaning you may be eligible to stay on your partner’s insurance, retirement, health plan, and so forth.
- You can make emergency health decisions for your partner.
- Your property and assets will be divided “equitably” as they would be in a divorce.
Cons:
- You may be liable for your partner’s outstanding debt or anything that accrues during the legal separation.
- You cannot get married to anyone else until you decide to terminate your marriage, in which case you would petition for a dissolution of marriage, and the divorce is finalized.
- If you do a trial separation (vs. a legal separation) without filing anything with the court, the court cannot enforce spousal maintenance, property division, or any parenting plan.
Divorce
Pros:
- Your marriage will be no more, meaning you can move on in your life.
- You can be relieved from any financial burdens that were tied to your marriage.
- You may feel free to marry whoever you wish at whatever timeline suits you.
Cons:
- As it is usually long term, it can put a heavy toll on you and your children.
- You may experience higher costs from the divorce proceedings.
- Divorces can be lengthier than legal separations if you and your spouse are not on the same page.
What are the reasons for a legal separation instead of a divorce?
Divorce is an intimidating word that can change the course of your life. You might prefer to get legally separated if you want to be apart from your spouse, but you are not set on a divorce. You may need time to work out your issues, and a little space might do the trick.
On the off-chance that you and your partner cannot resolve your disagreements, a divorce is an option. The easiest way to start the process–or transfer your legal separation to a divorce–is to get in touch with a divorce attorney. The Law Office of Erin Bradley McAleer is experienced in both legal separations and divorces, and we would love to help.
Key Takeaway
Trial separations can be effective for many families, but they are not long term or enforceable in Washington State. If you wish to end your relationship or take time away, you may want to consider a legal separation or a divorce.
There are several pros and cons of a separation vs. a divorce. The bottom line is that if you do not feel ready to divorce, there is no rush. A legal separation is a good step that can help you figure out whether a divorce is what you want.
Need an attorney who cares? The Law Office of Erin Bradley McAleer is at your service. Call our Vancouver office today to book a free initial consultation.
