Divorce or Legal Separation.

It’s been a while since we have discussed this, but as we head into summer you may be thinking about one of the above.  So, which is better for you AND any children involved?  If you wish to put off a divorce for now you must NOT just abandon your household.  Applying for a legal separation may be appropriate.  This is where love might be the trump card!  If you want to remarry you certainly cannot do it during a legal separation.

In the State of Washington, if you are granted a legal separation the court will not dissolve the marriage.  Unlike a marriage dissolution proceeding, there is no 90-day waiting period before a decree may be entered.  A decree of legal separation may subsequently be converted to a decree of dissolution of marriage, but not for six months after the legal separation has been granted.  As in a marriage dissolution proceeding, the court may divide your community and separate property, adopt a parenting plan, and award child support and maintenance.

It is important to consult with a professional family attorney in the Seattle area who has dealt with the pros and cons of these two choices.  That man may well be Bellevue, WA divorce and legal separation lawyer Lyle M. Clark.  Get to know your options from a nearly 4-decade veteran of family law by calling (425) 452-3092.

Legal Separation vs. Divorce.

The distinction can be very confusing.  This decision will be one of the most important of your life.  Divorce or legal separation.  Which is best for you and your family?  It is essential to educate yourself on the legal and emotional effects that both possibilities will have on your future.  If you decide to hold off on filing for divorce, making your separation legal is also important to fully understand … it is not just a matter of leaving the household.

In Washington State, a legal separation proceeding is identical to a marriage dissolution, except that the court does not dissolve the marriage.  Your finances are kept separate.  Things like child custody and support as well as spousal maintenance may be ordered by the court.  When you divorce, the marriage is formally ended and you may proceed with your life including marrying someone else.  With a legal separation you obviously cannot remarry. However, a decree of legal separation may be converted to a decree of marriage dissolution later on upon the request of either party.

There is a great deal more to understand from an experienced family attorney.  Before you make an important life-changing decision in the Seattle area call on Lyle M. Clark Jr., a professional family law attorney located in Bellevue, WA.  Call him on matters of family law and tap in to his 35+ years of experience at (425) 452-3092.

Negotiating a Separation Agreement in the State of Washington.

Washington State law provides for two types of separation contracts.  One is filed with a court in a marriage dissolution or legal separation proceeding and is incorporated by reference into a decree of dissolution or legal separation.  The other type is for people who want a trial separation without court proceedings.  It is intended to put creditors on notice that the couple is no longer functioning as a marital community and that neither will be responsible for the debts of the other spouse during the separation.

Negotiating the terms of a separation agreement is both a complex legal matter and one that can be very stressful.  It should never be taken lightly because it may affect the rest of your life.  When divorce or separation is unavoidable, clear-thinking adults are required to work out as many details as they can mutually before it goes into a written document. There are many issues that will need to be addressed in as rational a manner as possible, such as:

1.)        How much is the house worth and how will it be disposed of?

2.)        Is there a family business?  If so, what is the value of it? Should it be appraised?

3.)        How should retirement benefits, such as pensions, 401-K’s or IRA’s be treated?

4.)        Is there other property that should be appraised?

5.)        What is the fairest way to divide the property and debts of the parties?

6.)        What happens to family pets, if any?

Do not let pettiness or anger dictate what will happen during the next several years of your life.  Talk to a professional negotiator about your marriage separation rights.  Family law attorney Lyle Clark has been practicing family law in Bellevue and the State of Washington for over 35 years.  Sit down with Lyle Clark at his office and talk about your situation frankly by making an appointment at (425) 452-3092.