§11.05 Legal Separation

• Jurisdiction: Washington

§ 11.05 LEGAL SEPARATION

The Dissolution of Marriage Act of 1973 enacted the ability of a petitioner to seek, and the court to grant, a decree of legal separation. RCW 26.09.020, .030. A proceeding for legal separation allows the petitioner to obtain what had previously been referred to as a divorce "a mensa et thoro," "a judicial decree that terminates the obligation and right of cohabitation but does not affect the status of the spouses as married persons and does not terminate the marriage itself. See generally BLACK'S LAW DICTIONARY 480 (6th ed. 1990); Homer H. Clark, Jr. & Sanford N. Katz, THE LAW OF DOMESTIC RELATIONS IN THE UNITED STATES § 7.4 (2d ed. 1988).

[1] Jurisdiction

The requirements for personal jurisdiction for obtaining a decree of legal separation are identical to those required for obtaining a decree of dissolution. RCW 26.09.030.

A petition for legal separation may be brought by (1) a resident of Washington, or (2) a member of the armed forces who is stationed in Washington, or (3) a person who is married to a resident of Washington or a member of the armed forces who is stationed in Washington. The action may be filed in the superior court of the county where the petitioner resides.

If a person in fact resides in the State of Washington with the present intent to make a home in the state, Washington will be considered that person's domicile for jurisdictional purposes. See In re Marriage of Strohmaier, 34 Wn. App. 14, 659 P.2d 534 (1983).

If an action is not brought in the county of the petitioner's residence, the respondent is entitled to a change of venue to the county of the respondent's residence. Id. See Chapter 14 (Divisible Divorce—Jurisdiction, Venue, Commencement) of this deskbook.

[2] Relief Available

The court, in a legal separation action, may enter temporary orders providing for a temporary parenting plan, RCW 26.09.197; temporary maintenance and child support, RCW 26.09.060; and restraining orders, RCW 26.09.060.

Under RCW 26.09.050, a decree of legal separation must (1) determine the marital or domestic partnership status of the parties; (2) enter a parenting plan for any minor children of the marriage; (3) enter a child support order for any child of the marriage entitled to support, including allocation of federal tax exemptions for the children; (4) consider or approve an award of spousal maintenance for either spouse; (5) dispose of property and liabilities of the parties; (6) enter necessary continuing restraining...