Full question:
I live in Washington and I have been legally separated from my husband 4 months back. We want to file a divorce. Advice.
- Category: Divorce
- Subcategory: Grounds
- Date:
- State: Washington
Answer:
In Washington, after six months of legal separation, either spouse can convert the legal separation to a divorce by filing a motion in court. This is provided in RCW § 26.09.150.It reads:
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(2) (a) No earlier than six months after entry of a decree of legal separation, on motion of either party, the court shall convert the decree of legal separation to a decree of dissolution of marriage or domestic partnership. The clerk of court shall complete the certificate as provided for in *RCW 70.58.200 on the form provided by the department of health. On or before the tenth day of each month, the clerk of the court shall forward to the state registrar of vital statistics the certificate of each decree of divorce, dissolution of marriage or domestic partnership, annulment, or separate maintenance granted during the preceding month.
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If the spouses are legally separated, six months after the entry of the legal separation, either party can approach the court for a decree of dissolution of marriage. The court shall then convert the decree of separation to a decree of dissolution of marriage and the same will be granted during the preceding month. You may approach the court for dissolution of marriage as provided under RCW. § 26.09.150 after 6 months of legal separation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
