You would get a legal separation instead of a divorce if you want to legally define financial responsibilities and parenting arrangements without formally ending your marriage. While both legal separation and divorce involve the court and result in legally binding orders, separation keeps the marriage intact.
For some individuals, this offers the space, stability, or legal protection they need without the finality of divorce. A Seattle divorce lawyer can help you understand whether legal separation better aligns with your goals, especially if emotional, financial, or religious factors are at play.
Understanding the Purpose of Legal Separation
At Dellino Family Law, our Seattle family lawyers often help clients who are unsure whether to file for divorce or legal separation. The decision is not always straightforward, and the right answer depends on the goals, values, and circumstances of each individual.
Legal separation may be appropriate if you:
- Want to live separately but are not ready to legally end the marriage
- Need clear terms for finances or parenting without filing for divorce
- Have religious, cultural, or personal reasons for staying legally married
- Need space for safety, stability, or long-term decision-making
Unlike divorce, legal separation keeps you legally married, even though you are no longer living as a couple.
Key Differences Between Separation and Divorce
Legal separation and divorce often deal with the same major issues. In both, the court can step in to decide things like:
- Who handles parenting and where the children will live
- Whether one spouse pays child support or maintenance
- How property and debt are divided between partners
The difference is what happens to the marriage itself. Divorce legally ends it. Separation does not. That one change can affect future decisions around benefits, remarriage, and estate planning.
Some people use legal separation as a stepping stone, allowing time for reflection or negotiation before deciding whether to finalize a divorce. Others remain legally separated for years because it best suits their long-term situation.
Reasons to Choose Legal Separation
People choose legal separation over divorce for all kinds of reasons—some practical, some deeply personal. Here are a few situations we see often:
- Health insurance access: Some plans may allow a legally separated spouse to stay covered, which can be important if one partner does not have their own insurance. Always check with the provider, as rules vary.
- Religious or cultural beliefs: For individuals whose values discourage divorce, legal separation offers a way to live apart while honoring those beliefs.
- Financial impact: Staying legally married may help preserve access to benefits like Social Security or retirement funds that depend on marital duration. Tax implications might also come into play.
- Parenting stability: Legal separation can create structure for co-parenting, offering predictability during a difficult time.
- Room to reassess: For couples still weighing their future, legal separation provides space to live independently while keeping the door open.
At Dellino Family Law, we know legal separation is not simply a placeholder. It is a legal decision that deserves the same focus and care as any divorce. We take the time to understand your reasons and help you build a plan that protects what matters most.
How the Legal Separation Process Works in Washington
Legal separation is not something that happens just by moving out or agreeing to live apart—it is a formal legal process. In Washington, it closely mirrors the steps required in a divorce. If you decide to move forward with a legal separation, here is what you can generally expect:
- File a petition: One spouse begins the process by filing a Petition for Legal Separation with the Superior Court in the appropriate county.
- Serve the other party: The other spouse must be formally notified through legal service of the petition and any related documents.
- Request temporary orders (if needed): While the case is moving through the court, either spouse can ask for temporary arrangements covering parenting time, child support, spousal maintenance, or use of shared property.
- Work toward final orders: The couple may resolve the key issues through negotiation, mediation, or—if necessary—litigation. These issues include parenting plans, asset and debt division, and support.
- Receive a final decree: Once everything is resolved, the court enters a Decree of Legal Separation. This document outlines the final terms and makes the separation legally binding.
If one or both spouses later decide to end the marriage entirely, Washington law allows for a legal separation to be converted into a divorce. According to RCW 26.09.150, either party may request this change after six months have passed since the decree was entered.
When Legal Separation Might Not Be Right
Although legal separation is a strong option for many people, there are situations where divorce is a better fit:
- You intend to remarry. Legal separation does not restore your legal status as a single person.
- There is no potential for reconciliation. If your relationship is over and you are ready to move forward, divorce may offer finality and closure.
- Insurance plans do not cover separated spouses. Not all policies allow continued coverage after legal separation.
- You prefer a clean legal and financial break. Divorce may be more appropriate if you want to untangle assets and liabilities entirely.
How Dellino Family Law Helps You Make the Right Choice
At Dellino Family Law, we know that no two relationships—and no two separations—are the same. Our team brings over 180 years of combined experience in guiding clients through the legal, financial, and emotional aspects of ending or restructuring a relationship. What makes us different is our adaptability.
We do not assume every client needs the same process. Our intake team takes the time to understand your goals and concerns before matching you with an attorney who fits your situation. Whether your case involves high-value assets, complex parenting issues, or safety concerns, we develop a strategy that puts your interests first.
We are also deeply committed to communication and responsiveness, keeping you informed and empowered at every stage. If your separation requires outside experts—such as forensic accountants or private investigators—we have a trusted network of professionals to support your case.
Talk to a Legal Team That Understands Your Options
Choosing between legal separation and divorce is not easy—but you do not have to do it alone. At Dellino Family Law, we offer a personal, flexible, and strategic approach to every case we handle. If you are facing a major life transition, we are here to provide clarity and support, not judgment.
Contact our team today to take the first step toward protecting your rights and planning your future.
