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Yes. If a spouse filed a petition for legal separation and you now want a divorce instead, you must file a Petition for Divorce. Use our File for Divorce packet.
Your request via email and/or letter will need to include the original filing dates, new proposed filing dates, the number of previous requests (if any), and whether the other party consents to the extension. Email a copy of the letter you file to the other party (usually it's an attorney).
The respondent will fill out and sign the joinder section of the petition. Then, the petition and joinder will be filed together. After filing the petition, the parties must wait 90 days before the court will finalize the divorce.
How to respond to a divorce Petition Fill out the Response form. Fill out the form called Response ? Marriage/Domestic Partnership (form FL-120). ... Figure out if you need the court to decide something right away. ... Find out if you have any local forms to complete. ... Make copies of your forms.
Fill out the form titled Response to Petition [case-type]. In a divorce, for example, the document is a Response to Petition about a Marriage. You can find the relevant form for your case-type on the Washington State Court Forms Website under Family Law > [name of case-type].
No. Washington has ?no-fault? divorce. The court cannot consider which spouse ?caused? the divorce when dividing property. The court may consider if your spouse wasted marital assets without your consent OR tried to hide assets from the court.
If the respondent doesn't submit the document by the deadline, the petitioner can file a motion for default. At the hearing on the motion, the court will enter a default order prohibiting the respondent from doing anything else in the divorce case ? no presenting evidence, witnesses, or arguments.
If the legal separation has already been approved by the court, and both spouses wish to reconcile and revive the marriage without having to formally remarry, then a Motion to Vacate Decree of Legal Separation can be filled. Once the court approves same, it is as if the legal separation never occurred.