What are the grounds for seeking a legal separation?

In Washington, there are two grounds for individuals who are considering seeking a legal separation from their marital partner. These grounds are known as “at-fault” and “no-fault.” Under an “at-fault” separation, one partner must prove that the other partner did something that harmed the relationship. This can include physical violence, mental or emotional abuse, abandonment, and/or adultery. A “no-fault” separation simply means that the parties agree that their relationship is no longer working and the marriage cannot be saved. This type of separation often requires the help of a mediator to assist with negotiations and an agreement between both parties. In Washington, there is also the option of a “legal separation” which requires the couple to live separately, but are still legally married. This type of separation allows the couple to maintain separate finances, have a view on issues such as health care, establish custody and visitation arrangements for minor children, and put in place a formal legal agreement to govern how certain matters are handled between them. One of the main reasons individuals seek a legal separation is to protect their rights and interests in the event of a later divorce. Seeking legal counsel is the best way to determine which type of separation is most appropriate in a given circumstance.

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