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Washington Separation Agreement

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Updated October 16, 2024

A Washington separation agreement is a legal document used by married couples who no longer want to live together as spouses but do not want to get divorced. In Washington, separation allows couples to establish the terms typically set in divorce, including those governing property division, spousal support, and child custody.

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

Sample