Updated January 31, 2024
A Washington separation agreement is a legal document intended for married couples who no longer want to live as spouses but do not want to get divorced. In Washington, separation allows couples to establish all of the things that are done in divorce, including dividing property, setting spousal support, and determining child custody. Couples may choose separation over divorce for many reasons, including the fact that, unlike divorce, separation is not final.
Is a Separation Agreement Legal In Washington?
Yes, couples can create separation agreements on their own, which can become valid without a court decree by publishing notice of the agreement in a legal newspaper. If they later decide to pursue legal separation through the courts, the agreement will be binding on the court, except for terms regarding a parenting plan and child support, which courts retain the power to review.[1]
Legal Separation Requirements
- Filing Fee: Varies by county; in King County the fee is $314 (Civil Fees, Dissolution)
- Residency: The plaintiff (filing spouse) must be a resident at the time of filing.[2]
- Where to File: With the Superior Court covering the county in which the filing spouse resides
