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How Does Coversion of a Separation to Divorce Affect the Waiting Period

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  • 05-20-2014, 10:32 AM
    straun
    How Does Coversion of a Separation to Divorce Affect the Waiting Period
    My question involves a marriage in the state of: Washington state

    If I filled for separation do I have to wait a certain amount of time to convert to divorce?

    Also, if I convert to a divorce, do I have to wait a minimum time for the divorce to be final?

    somebody told me I can change separation to a divorce after 6 months and it's final immediately according to my separation agreement. it's this not accurate? Maybe I misheard what was said?
  • 05-21-2014, 09:39 AM
    Mr. Knowitall
    Re: How Does Coversion of a Separation to Divorce Affect the Waiting Period
    Per statute, if it has been six months since the decree of separation was entered, you can petition to convert a decree of separation into a decree of divorce.
    Quote:

    Quoting RCW 26.09.150. Decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity — Finality — Appeal — Conversion of decree of legal separation to decree of dissolution — Name of party.
    (1) A decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity is final when entered, subject to the right of appeal. An appeal which does not challenge the finding that the marriage or domestic partnership is irretrievably broken or was invalid, does not delay the finality of the dissolution or declaration of invalidity and either party may remarry or enter into a domestic partnership pending such an appeal.

    (2)

    (a) No earlier than six months after entry of a decree of legal separation, on motion of either party, the court shall convert the decree of legal separation to a decree of dissolution of marriage or domestic partnership. The clerk of court shall complete the certificate as provided for in *RCW 70.58.200 on the form provided by the department of health. On or before the tenth day of each month, the clerk of the court shall forward to the state registrar of vital statistics the certificate of each decree of divorce, dissolution of marriage or domestic partnership, annulment, or separate maintenance granted during the preceding month.

    (b) Once a month, the state registrar of vital statistics shall prepare a list of persons for whom a certificate of dissolution of domestic partnership was transmitted to the registrar and was not included in a previous list, and shall supply the list to the secretary of state.

    (3) Upon request of a party whose marriage or domestic partnership is dissolved or declared invalid, the court shall order a former name restored or the court may, in its discretion, order a change to another name.

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