What is the difference between divorce and legal separation?
Divorce
When final divorce orders are entered, the pair are divorced under the law. If property is being divided, parties often enter quit claim deeds to transfer ownership to the receiving spouse or sell the house. They also must transfer ownership of all jointly owned property (like boats, cars, trailers, etc.) to the other person unless the pair agrees to something different. Couples can no longer remain on the other's health insurance plan(s) and they must file taxes separately moving forward.
This option is ideal for couples that do not have health issues, where domestic violence or any type of abuse has taken place, and for couples that know they absolutely do not want to reconcile the relationship with their spouse in the future.
This is the most popular option for ending a marriage.
Legal Separation
When a Final Order for Legal Separation is entered, couples are still married but their finances are completely separate. The court can completely divide all community and separate property, award spousal support, enter a parenting plan and order child support.
With legal separation though, couples may remain as a dependent on their ex's health insurance plan in Washington State.
This option is often attractive to partners who don't have access to health insurance because they are an at-home parent, are new to the job market, or just have a job that doesn't provide affordable health insurance.
The legal separation can be converted to a divorce by either party six months after the final legal separation order is entered.
This option allows couples the time and space they need to decide if they want to reconcile or divorce.