Legal Separation and Annulment in Washington
Whether Washington offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Yes. A spouse can ask the court for a decree of legal separation instead of a divorce, and the court can divide property, set maintenance and enter a parenting plan. RCW 26.09.030(d), 26.09.150(2)
| Legal separation | Yes. A spouse can ask the court for a decree of legal separation instead of a divorce, and the court can divide property, set maintenance and enter a parenting plan. No earlier than six months after a legal separation decree is entered, the court must convert it to a divorce on the motion of either spouse. Source: RCW 26.09.030(d), 26.09.150(2) |
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| Annulment | Washington calls annulment a declaration of invalidity. The court can declare a marriage invalid if it should not have been entered because of a party's age, lack of required parental or court approval, a prior undissolved marriage or domestic partnership, close blood relationship, lack of capacity to consent (mental incapacity or the influence of alcohol or other substances), force or duress, or fraud involving the essentials of marriage, if the parties have not ratified the marriage by voluntarily living together after the problem ended. At least one party must be a Washington resident or service member stationed in Washington, and both parties must be living. Source: RCW 26.09.040 |
Where to get help in Washington
More Washington divorce & family law
- Getting a Marriage License in Washington
- Adopting a Child in Washington
- Guardianship of a Child or Adult in Washington
- Establishing Paternity in Washington
- Changing Your Name in Washington
- Child Custody Laws in Washington
- How Child Support Is Calculated in Washington
- Divorce Records in Washington
- Alimony and Spousal Support in Washington
- How to File for Divorce in Washington
- All Washington divorce & family law rules
FAQ
Can you get a legal separation in Washington?
Yes. A spouse can ask the court for a decree of legal separation instead of a divorce, and the court can divide property, set maintenance and enter a parenting plan. No earlier than six months after a legal separation decree is entered, the court must convert it to a divorce on the motion of either spouse.
What are the grounds for annulment in Washington?
Washington calls annulment a declaration of invalidity. The court can declare a marriage invalid if it should not have been entered because of a party's age, lack of required parental or court approval, a prior undissolved marriage or domestic partnership, close blood relationship, lack of capacity to consent (mental incapacity or the influence of alcohol or other substances), force or duress, or fraud involving the essentials of marriage, if the parties have not ratified the marriage by voluntarily living together after the problem ended. At least one party must be a Washington resident or service member stationed in Washington, and both parties must be living.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.