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Washington Legal Separation Attorney

Helping Clients Navigate the Legal Separation Process

Legal separations are relatively uncommon. In some instances, however, they are beneficial alternatives to divorce actions. The court still enters orders affecting finances, property, child support, and parenting as part of a legal separation. 

McKinley Irvin's experienced Washington legal separation lawyers can assist you with formulating and executing the best course of action in these circumstances.


Are you considering legal separation? Call our Washington legal separation attorney today at (206) 625-9600 or contact us online to discuss your options!


What is Legal Separation?

Legal separation actions deal with the same issues that couples attempt to resolve in a divorce, such as:

  • Child custody and parenting plan issues
  • Child support
  • Property and debt distribution
  • Spousal maintenance

The significant difference between a legal separation and a divorce is that the parties remain legally married.

Does Legal Separation Always End in Divorce?

No, separation does not always lead to divorce. Couples who enter into legal separation agreements can remain separated indefinitely.

However, a couple can request that the separation be converted into a divorce decree. The only stipulation for converting separation in Washington decrees that six months must pass from the court's entry of the separation decree. Once the new decree is entered, the marriage will be dissolved.

Why Choose Legal Separation over Divorce?

Reasons for choosing legal separation can vary, especially as separation has many advantages.

A couple may desire to no longer live as spouses but still wish to remain eligible for certain benefits, such as:

  • Retention of Medical Benefits: Spouses must stay legally married for one spouse to remain eligible for health insurance available to the other spouse.
  • Eligibility to Receive Military Benefits: One spouse must remain legally married for a certain period to remain eligible for benefits under the Uniformed Services Former Spouse Protection Act (USFSA), including military retirement.
  • Eligibility to Receive Federal Government Benefits: Spouses must stay legally married for 10 years to retain eligibility for certain Social Security benefits.
  • Maintain Immigration Status: Spouses must stay legally married for one spouse to maintain immigration status.
  • Preservation of Tax Benefits: Spouses can stay legally married to remain eligible for better tax benefits.
  • Preservation of Various Other Rights: Spouses can stay legally married to preserve various other rights, such as hospital visitation.

Some couples may have strong religious convictions that do not allow for divorce, yet they wish to live apart and be financially independent. In cases such as these, a legal separation is a suitable option.

In addition, legal separation is often used as a dummy run for divorce. Spouses can get a feel of what their lives would be like if they formally left the marriage. Alternatively, it can be used as an opportunity to work things out.

Contact Our Washington Legal Separation Lawyer

McKinley Irvin is committed to helping clients explore their options, such as ending their marriage or exploring separation. We strive to help clients figure out which option is best for them. We also educate our clients about these options and provide step-by-step assistance.

If you're ready to explore your legal separation options, contact McKinley Irvin to schedule a consultation with our legal separation attorney in Washington. We're here to help you navigate the process and make the best decisions for your future!

Further Reading:

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Client testimonials

    "I knew I had a great team looking out for my best interest."
    My daughter is the sunshine of my life. I felt despair and a sense of helplessness on the day I was served. On the first appointment day when I arrived at the office and sat down with my lawyer, I knew I had made the right decision. From the beginning of my case to conclusion, I knew I had a great team looking out for my best interest (and the best interest of my child). Thank you McKinley Irvin!
    - Christine P.
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    Thanks for all the work for our family over the past year. We’re really glad you are on our side.
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    "I always felt my specific needs were very well represented and that I could count on David to be a trusted adviser."
    David remained very level headed and family focused throughout our proceedings. That said, I always felt my specific needs were very well represented and that I could count on David to be a trusted adviser during an otherwise difficult time.
    - T.M.
    "We would highly recommend the knowledgeable and dedicated law firm of McKinley Irvin to anyone who might be seeking legal services."
    In our search for a reputable law firm to handle my sister’s divorce case, we explored our options until we found the McKinley Irvin law firm. McKinley Irvin has, through our experience, proven to be compassionate, understanding and patient during the long term process of my sister’s case. Due to her disabilities she needed more than the legalities and McKinley Irvin was able to provide their knowledge as well as the assurance to my sister that her case would be handled in her best interest. We cannot begin to express our gratitude for all that the McKinley Irvin law firm has done for us. We would highly recommend the knowledgeable and dedicated law firm of McKinley Irvin to anyone who might be seeking legal services.
    - P.M.
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    Without David and Sam, there is no way I could have made it through this exceptionally difficult time in my life. I cannot imagine two people better able to represent me, nor a better firm to handle my affairs. You all have been wonderful!
    - M.L.
    "My attorney was very good in and out of the courtroom. Always kept me up to date on any issues that came up."
    My attorney was very good in and out of the courtroom. Always kept me up to date on any issues that came up and was very knowledgeable on custody issues.
    - R.R.
    "You all stood by me no matter how trying my case got. I always felt at ease knowing that you were there to guide me through this."
    I would like to give my sincere appreciation to Jennifer Payseno and staff. You all stood by me no matter how trying my case got. I always felt at ease knowing that you were there to guide me through this most difficult time. Thank you for not only being my attorney but becoming part of our extended family.
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    Dave, thank you very much for doing such a wonderful job. It has been a pleasure working with you.
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